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HomeMy WebLinkAbout2023-04-19 BOA Agenda PacketIf you need disability-related accommodations in order to participate in this meeting, please contact Kirk Lehmann, Urban Planning at 319 -356-5247 or at klehmann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Board of Adjustment Meetings Formal: May 10 / June 14 / July 12 Informal: Scheduled as needed. IOWA CITY BOARD OF ADJUSTMENT Wednesday, April 19, 2023 – 5:15 PM Iowa City Senior Center, 28 S. Linn Street Room 302 Agenda: 1. Call to Order 2. Roll Call 3. Appeal Item a. APL23-0002: Continuation of the hearing opened on April 12, 2023 regarding an appeal submitted by David Moore to overturn a decision of the Building Official to extend building permit for a single-family home at 319 N. Van Buren Street: alleging that the proposed building does not meet setback and other requirements of City Code. 4. Board of Adjustment Announcements 5. Adjournment APL23-0002 ITEM 3A ON THE AGENDA Cover Sheet Prepared by Staff COVER SHEET To: Board of Adjustment Item: APL23-0002 Parcel Number: 1010162004 GENERAL INFORMATION: Applicant(s)/Contact: Property Owner(s): Requested Action: Purpose: Location: Prepared by: Kirk Lehmann, Associate Planner Date: April 19, 2023 David Moore 425 E. Davenport Street Iowa City, IA 52245 david_lysa@yahoo.com smshullaw@gmail.com Michael Oliveira Prestige Properties Development, LLC 329 E. Court Street, Suite 2 Iowa City, IA 52240 To overturn a decision of the Building Official to extend a building permit for a single-family home To revoke the permit extension. 319 N. Van Buren Street Location Map: Size: 2,800 square feet Existing Land Use and Zoning: Vacant; Neighborhood Stabilization Residential (RNS-12) Surrounding Land Use and Zoning North: Residential; Neighborhood Stabilization Residential with a Conservation District Overlay (OCD/RNS-12) East: Residential; Neighborhood Stabilization Residential (RNS-12) South: Residential; Commercial Office (CO-1) West: Residential; Neighborhood Stabilization Residential with a Conservation District Overlay (OCD/RNS-12) Applicable Code Sections: 14-2A-4B-4: Building Features Permitted Within Required Setback Area File Date: February 15, 2023 ATTACHMENTS: 1.Location & Zoning Maps 2.Staff Materials 3.Materials Provided in April 12 Meeting 4.Correspondence 5.Application Materials APL23-0002 ATTACHMENT 1 Location & Zoning Maps Prepared by Staff N G i l b e r t S t N V a n B u r e n S t E Bloomington St E Davenport St  ƒ’’Ž‹…ƒ–‹‘ •—„‹––‡† „› ƒ˜‡ ‘‘”‡ ˆ‘” ƒ ƒ’’‡ƒŽ ”‡‰ƒ”†‹‰ ƒ „—‹Ž†‹‰ ’‡”‹– ‡š–‡•‹‘ ˆ‘” ƒ ’”‘Œ‡…– ƒ– ͵ͳͻ . ƒ —”‡ –”‡‡–; alleging –Šƒ– it †‘‡• ‘– ‡‡– •‡–„ƒ… ƒ† ‘–Š‡” ”‡“—‹”‡‡–• ‘ˆ …‹–› …‘†‡Ǥ q APL23-0002 319 N Van Buren Street 0”‡’ƒ”‡† ›ǣ ƒ‹ ”‹ƒ ƒ–‡ 0”‡’ƒ”‡†ǣ ƒ”…Š ʹͲʹ͵ 0 0.01 0.020.01 Miles N G i l b e r t S t N V a n B u r e n S t E Bloomington St E Davenport St CO1 CO1 RNS12  ƒ’’Ž‹…ƒ–‹‘ •—„‹––‡† „› ƒ˜‡ ‘‘”‡ ˆ‘” ƒ ƒ’’‡ƒŽ ”‡‰ƒ”†‹‰ ƒ „—‹Ž†‹‰ ’‡”‹– ‡š–‡•‹‘ ˆ‘” ƒ ’”‘Œ‡…– ƒ– ͵ͳͻ . ƒ —”‡ –”‡‡–; alleging –Šƒ– it †‘‡• ‘– ‡‡– •‡–„ƒ… ƒ†‘–Š‡” ”‡“—‹”‡‡–• ‘ˆ …‹–› …‘†‡Ǥ µAPL23-0002 319 N Van Buren Street 0”‡’ƒ”‡† ›ǣ ƒ‹ ”‹ƒ ƒ–‡ 0”‡’ƒ”‡†ǣ ƒ”…Š ʹͲʹ͵ 0 0.01 0.020.01 Miles APL23-0002 ATTACHMENT 2 Staff Materials Prepared by Staff Date: April 7, 2023 To: Board of Adjustment From: Danielle Sitzman, Development Services Coordinator, Building Official Re: Case APL23-0002- An appeal of a decision of the Building Official regarding front setbacks at 319 N. Van Buren Street. Introduction This memo is to provide the Board information regarding the evaluation of front setbacks at the subject property. The subject property is zoned Neighborhood Stabilization Residential Zone “RNS-12” and a building permit for the construction of a detached single-family dwelling has been issued by the City. Issue City staff’s understanding of the appeal is the appellant maintains a stairway extends into the front setback area in violation of the Zoning Code. Zoning Code Provisions The key Zoning Code provision at issue is Section 14-2A-4B-2d, which is set forth below. Other Code provisions cited in this memo and relevant definitions can be found at the end of the memo. 4.Building Features Permitted Within Required Setback Area: The following building features may extend into the required principal building setback area, subject to the conditions indicated and provided that location of such a feature does not violate the provisions of chapter 5, article D, "Intersection Visibility Standards", of this title. d.Stairways that function as the principal means of access to dwelling units located above the ground or first floor of a building may not extend into any required setback. City’s Analysis and Decision The City’s decision to issue a building permit is based on the following. The building plans show a detached single-family dwelling with 3-stories. The subject property qualified for “setback averaging,” which results in the minimum front setback as 9.8’. The required front yard setback area is the area between the street-side lot line(s) along North Van Buren Street and a line drawn parallel to the street and west 9.8’ from the street. Within this required front “setback area” principal buildings are not allowed, except for certain building features as specified in Section 14-2A-4B-4 of the Iowa City Code. The lowermost story of the proposed building is considered the ground floor/first floor of the building by the zoning code and is labeled “Lower Level” on the building plan set, sheet 5, which is attached to this memo. The plans show an entry door to be located on the building façade adjacent to North Van Buren Street on the ground/first floor. The entry door is oriented south and opens into the ground floor/first floor living space (“south facing entry door”). The ground floor/first floor is connected to the rest of the habitable space of the dwelling. The south facing entry door is the principal means of access to the single dwelling unit proposed on the property. A second door is to be located on the building façade adjacent to North Van Buren Street on the next story above the ground floor/first floor which is labeled “Main Level” on the building plan set, sheet 5. This door is oriented east and accessed via a stairway (“east facing entry door”). Stairways are an allowed building feature which may extend into the required principal building setback areas subject to the conditions indicated in 14-2A-4B-4d. The stairway, while it does access the level of the building above the ground floor/first floor, is not the principal means of access to the building The principal means of access to the building as stated above is the south facing entry door on the building façade adjacent to North Van Buren Street. Therefore, the stairway can extend without limit into the front setback area. City Code Provisions Title 14 Zoning Code, Chapter 9 Definitions (14-9A-1) ABUT/ABUTTING: Contiguous; having a common boundary, wall, or property line. ALLEY: An open public way intended for use as a means of vehicular access to abutting property. BASEMENT: A portion of a building located partially underground but having three and one-half feet (3.5') or more of its floor to ceiling height above grade. A "basement" is counted as a story for the purpose of height and setback regulations. BUILDING: Any structure with a roof and designed or intended to support, enclose, shelter or protect persons, animals or property. BUILDING FACADE: The exterior wall of a building adjacent to a street, the front or side along a private street, or civic space. DWELLING: A building wholly or partially used or intended to be used for residential occupancy. DWELLING, DETACHED SINGLE-FAMILY: A single-family use that is not attached to any other dwelling unit. DWELLING UNIT: Any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities used or intended to be used by one household for living, sleeping, cooking and eating meals. Multiple dwelling units exist if there is more than one meter for any utility, more than one address to the property, more than one kitchen, and/or if there is a lockable, physical separation between rooms within the dwelling unit such that a room or rooms on each side of the separation could be used as a dwelling unit. FRONTAGE: The distance as measured along a right of way line from one intersecting street to another, from one intersecting street to the end of a dead end street or from one intersecting street to the end of a cul-de-sac. GRADE (Adjacent Ground Elevation): The average point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet (5') from the building, between the building and a line five feet (5') from the building. When the finished surface of the ground has been raised by adding fill to create a higher grade around a building, the slope of the fill within twenty feet (20') of the building shall not exceed four (4) horizontal to one vertical or twenty five percent (25%). GROUND FLOOR/FIRST FLOOR: The lowest floor of a building having its floor to ceiling height at or above the grade. LOT, CORNER: A lot located at the intersection of two (2) or more streets. LOT, INTERIOR: A lot bounded by a street on only one side. LOT LINE, STREET-SIDE: Any lot line that separates a lot from a public or private street (not including alleys or private rear lanes). PUBLIC RIGHT OF WAY: Property dedicated to public use and intended for the movement of the public. STREET, LOCAL: A street used primarily for access to abutting property and for moving local traffic. PROJECTIONS (INTO SETBACKS): Parts of buildings, such as architectural features, which protrude into required setback areas. PRIMARY BUILDING: The building that serves all activities related to the principal use of the design site. PRIMARY STREET FRONTAGE: The frontage of a lot to which the address is assigned. PRINCIPAL BUILDING: A building containing the principal use. PRINCIPAL USE: The primary use of land or a structure as distinguished from an accessory use, e.g., a dwelling is a principal use on a lot in a residential zone, while a garage or pool is an accessory use. SETBACK: The distance between a specified object, such as a building, and another point. "Setbacks" are usually measured from lot lines to a specified object. Unless otherwise indicated, an unspecified setback refers to a building setback. SETBACK AREA: A required area on a lot unoccupied by structures above grade, except for projections and specific accessory uses or structures allowed in such area under the provisions of this title. A "setback area" extends from the grade upward. SETBACK (AREA), FRONT: The area on a lot between the street-side lot line(s) and the front setback line. SETBACK LINE: The line beyond which a specified use, object, building or structure shall not project, except as specified in this title. SETBACK LINE, FRONT: A line drawn parallel to the street and as far back from the street as specified for the principal building, front setback. STREET, PUBLIC: A right of way, dedicated to and accepted for public use, which affords a means of access to abutting property and a means of vehicular travel. A public street is owned or controlled by a government entity. Title 14 Zoning Code, Chapter 2A Dimensional Requirements Single-Family Residential Zones (14-2A-4): The dimensional requirements for the single-family residential zones are stated in table 2A-2, located at the end of this section and described in more detail in subsections A through E. Subsection B is entirely about setbacks for principal buildings. 2.General Setback Requirements: Generally, the minimum required setbacks for principal buildings in residential zones are stated in table 2A-2, located at the end of this section. The minimum setbacks for principal buildings create required setback areas within which principal buildings are not allowed, except for certain building features as specified in this subsection. The table states the Minimum Front Setbacks for principal structures in the RNS-12 zone is fifteen (15) feet. e.Setback Averaging: (2)Where at least fifty percent (50%) of the lots along a frontage are occupied by principal buildings that are located closer to the street than the required front setback, the front setback may be reduced to the average of the respective setbacks on the abutting lots. Only the setbacks on the lots that abut each side of the subject property along the same street may be used to calculate the average. Setbacks across the street or along a different street frontage may not be used. When one abutting lot is vacant or if the lot is a corner lot, then the average is based on the setback of the nonvacant lot and the required setback for the zone in which the lot is located. The subject property qualified for setback averaging, therefore the minimum front setback as is 9.8’. 4.Building Features Permitted Within Required Setback Area: The following building features may extend into the required principal building setback area, subject to the conditions indicated and provided that location of such a feature does not violate the provisions of chapter 5, article D, "Intersection Visibility Standards", of this title. d.Stairways that function as the principal means of access to dwelling units located above the ground or first floor of a building may not extend into any required setback. Attachments: Approved Building Plans Full Code of 14-2A-4 Setback Averaging Calculation 14-2A-4: DIMENSIONAL REQUIREMENTS: The dimensional requirements for the single-family residential zones are stated in table 2A-2, located at the end of this section. Each of the following subsections describes in more detail the regulations for each of the dimensional requirements listed in the table. Provisional uses and uses allowed by special exception may have specific dimensional requirements not specified in table 2A-2, located at the end of this section. Approval criteria for these uses are addressed in chapter 4, article B of this title. Dimensional requirements may be waived or modified for developments approved through the planned development (see chapter 3, article A, "Planned Development Overlay Zone (OPD)", of this title) or through the historic preservation exception as outlined in section 14-2A-7, "Special Provisions", of this article. A. Minimum Lot Requirements: 1. Purpose: The minimum lot area and width requirements are intended 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. The lot area per dwelling unit standards control the intensity of use on a lot to ensure consistency and compatibility of new dwellings with the surrounding development. 2. Standards: Generally, the minimum lot area and width standards for the various single-family residential zones and for specific residential uses are stated in table 2A-2, located at the end of this section. 3. Minimum Lot Sizes For Specific Land Uses: a. Provisional uses and uses allowed by special exception may have specific lot size requirements not specified in table 2A-2, located at the end of this section. Approval criteria for these uses are addressed in chapter 4, article B, "Minor Modifications, Variances, Special Exceptions, And Provisional Uses", of this title. b. If a minimum lot size is specified within a zone for a particular land use or dwelling type, whether permitted, provisional or a special exception, that use or dwelling type may not be established on a smaller lot, even if smaller lots are permitted in the subject base zone, except as permitted under chapter 4, article E, "Nonconforming Situations", of this title. B. Minimum Setback Requirements For Principal Buildings: 1. Purpose: The minimum setback requirements are intended to: a. Maintain light, air, separation for fire protection, and access for firefighting; b. Provide opportunities for privacy between dwellings; c. Reflect the general building scale and placement of structures in the city's neighborhoods; d. Promote a reasonable physical relationship between buildings and between residences; and e. Provide flexibility to site a building so that it is compatible with buildings in the vicinity. 2. General Setback Requirements: Generally, the minimum required setbacks for principal buildings in residential zones are stated in table 2A-2, located at the end of this section. The minimum setbacks for principal buildings create required setback areas within which principal buildings are not allowed, except for certain building features as specified in this subsection. 3. Specific Setback Requirements: The following provisions contain setback requirements that apply in specific situations: a. Setbacks Along Arterial Streets: (1) On lots platted after December 31, 1983, a minimum forty foot (40') front setback is required along any lot line that abuts an arterial street or future arterial street as shown on the Iowa City arterial street map, located in chapter 5, article C, "Access Management Standards", of this title. (2) If a lot is located along an arterial street that is substandard with regard to the width of the public right of way as specified in title 15, "Land Subdivisions", of this code, then the minimum forty foot (40') front setback along said street is increased by the number of additional feet that will be required for future upgrade of said street to city standards. Lots platted prior to December 31, 1983, are exempt from this requirement. In addition, setback averaging may apply in certain circumstances. (See subsection B3e of this section.) b. Lots With Multiple Frontages: (1) On corner lots, no building, structure or planting, unless specifically exempted, may be located within the vision triangle, as set forth in chapter 5, article D, "Intersection Visibility Standards", of this title. (2) If a lot fronting on two (2) or more streets is required to have a front setback, a minimum setback equal to the required front setback must be provided along all streets, and such setback will be considered a front setback for purposes of this title. c. Lots With Multiple Buildings: The principal buildings on the lot must be separated by a horizontal distance of at least ten feet (10'). Proximity of building walls will be subject to all current building code fire protection requirements. d. Overlay Zones And Special Districts: If specific setbacks have been established in a historic or conservation district, a planned development, or in the central planning district, those setbacks supersede the setback requirements of the base zone. For properties located in a historic or conservation district, refer to chapter 3, article B of this title and also the applicable setback provisions in the Iowa City historic preservation handbook. For a property located in a planned development overlay zone, refer to the approved planned development overlay plan for the subject property. For two-family uses, multi-family uses, group living uses, and institutional/civic uses located on property in the Central Planning District, refer to the applicable setback provisions in section 14-2B-6, "Multi-Family Site Development Standards", of this chapter. (Ord. 05-4186, 12-15-2005) e. Setback Averaging: (1) Where at least fifty percent (50%) of the lots along a frontage have been developed and all of these developed lots are occupied by principal buildings that are located at least five feet (5') further from the street than the required front setback, the required front setback along the frontage is increased to the equivalent of the setback of the building closest to the street. However, this averaging provision does not apply to frontages that contain three (3) or fewer lots. (Ord. 12-4488, 8-21-2012) Figure 2A.1 - Setback Averaging (1) (2) Where at least fifty percent (50%) of the lots along a frontage are occupied by principal buildings that are located closer to the street than the required front setback, the front setback may be reduced to the average of the respective setbacks on the abutting lots. Only the setbacks on the lots that abut each side of the subject property along the same street may be used to calculate the average. Setbacks across the street or along a different street frontage may not be used. When one abutting lot is vacant or if the lot is a corner lot, then the average is based on the setback of the nonvacant lot and the required setback for the zone in which the lot is located. (See figure 2A.2 of this section.) Figure 2A.2 - Setback Averaging (2) 4. Building Features Permitted Within Required Setback Area: The following building features may extend into the required principal building setback area, subject to the conditions indicated and provided that location of such a feature does not violate the provisions of chapter 5, article D, "Intersection Visibility Standards", of this title. The setback regulations for detached accessory structures and structures not considered part of the principal building are addressed in chapter 4, article C, "Accessory Uses And Buildings", of this title. a. Awnings, uncovered balconies, bay windows, belt courses, buttresses, canopies, chimneys, cornices, sills, and other similar features that extend beyond the wall of a principal building may project up to six feet (6') into the required front or rear setbacks. Except for balconies, bay windows, and chimneys, all such projecting building features may extend up to three feet (3') into the required side setback. Balconies and bay windows may not extend into the required side setback. Chimneys may extend up to two feet (2') into the required side setback. Projections from the principal building must in all cases be at least two feet (2') from any side lot line. (Ord. 05- 4186, 12-15-2005) b. Enclosed porches, covered decks, and covered patios that are attached to the principal building must comply with the principal building setbacks of the base zone and may not extend into the required setback area. Unenclosed and screened-in porches (non- habitable space) may extend up to fifteen feet (15') into the rear setback, provided they are set back at least twenty feet (20') from the rear lot line. The standards for uncovered decks and patios are specified in chapter 4, article C, "Accessory Uses And Buildings", of this title. Enclosed porches, covered decks, and covered patios that are attached to an accessory building must comply with the standards for accessory buildings as specified in chapter 4, article C, "Accessory Uses And Buildings", of this title. (Ord. 18-4744, 4-2-2018) c. Fire escapes may extend into any setback, provided they do not extend more than three feet (3') into any side setback. d. Stairways that function as the principal means of access to dwelling units located above the ground or first floor of a building may not extend into any required setback. (Ord. 05-4186, 12-15-2005) e. Stoops and wheelchair ramps that function as a means of access to the ground or first floor of a building may extend into the rear setback, up to eight feet (8') into the required front setback, and into the side setback, provided they are set back at least three feet (3') from any side lot line. In cases where, due to topography or other site characteristics, a wheelchair ramp cannot meet this standard, a minor modification may be requested according to the approval criteria and procedures for minor modifications contained in chapter 4, article B of this title. (Ord. 09-4365, 12-1-2009) 5. Adjustments To Principal Building Setback Requirements: a. A minor modification to reduce principal building setback requirements may be requested according to the approval criteria and procedures for minor modifications contained in chapter 4, article B of this title. b. A special exception may be requested to reduce principal building setback requirements beyond what is allowed by minor modification. The Board of Adjustment may adjust setback requirements if the owner or lawful occupant of a property demonstrates that the general special exception approval criteria and the following specific approval criteria have been satisfied: (1) The situation is peculiar to the property in question; (2) There is practical difficulty in complying with the setback requirements; (3) Granting the exception will not be contrary to the purpose of the setback regulations; and (4) Any potential negative effects resulting from the setback exception are mitigated to the extent practical. (5) The subject building will be located no closer than three feet (3') to a side or rear property line, unless the side or rear property line abuts a public right-of-way or permanent open space. C. Building Bulk Standards: 1. Maximum Height: a. Purpose: The height regulations are intended to promote a reasonable building scale and relationship between buildings; provide options for light, air, and privacy; and discourage buildings that visually dominate other buildings in the vicinity. b. Standards: Generally, the maximum height standards for structures in single-family residential zones are stated in table 2A-2, located at the end of this section. Height standards for accessory buildings are addressed in chapter 4, article C, "Accessory Uses And Buildings", of this title. c. Exemptions: If allowed in the subject zone, the following structures or parts thereof are exempt from the height limitations set forth in the zones indicated, provided an increase in height does not conflict with chapter 6, "Airport Zoning", of this title: (1) Chimneys or flues. (2) Spires on religious or other institutional buildings. (3) Cupolas, domes, skylights and other similar roof protrusions not used for the purpose of obtaining habitable floor space. (4) Farm structures, including barns, silos, storage bins and similar structures when accessory to an allowed agriculture use. (5) Flagpoles that extend not more than ten feet (10') above the height limit or not more than five feet (5') above the highest point of the roof, whichever is less. (6) Parapet or fire walls extending not more than three feet (3') above the limiting height of the building. (7) Poles, towers and other structures accessory to a basic utility use, such as street lights and utility poles. (8) If allowed in the subject zone, basic utilities and communication transmission facilities are exempt from the base zone height standards, but are subject to any limitations placed by the Board of Adjustment. (9) Roof structures, including elevator bulkheads, stairways, ventilating fans, cooling towers and similar necessary mechanical and electrical appurtenances required to operate and maintain the building. (10) Television antennas and similar apparatus. d. Adjustment Of Height Standards: (1) The maximum height for a principal building may be increased; provided, that for each foot of height increase above the height standard, the front, side, and rear setbacks are each increased by an additional two feet (2'); and provided, that an increase in height does not conflict with the provisions of chapter 6, "Airport Zoning", of this title. (2) A minor modification may also be requested to adjust the maximum height for a particular building or property according to the procedures and approval criteria for minor modifications contained in chapter 4, article B of this title. 2. Minimum Building Width: a. Purpose: The minimum building width requirements promote a reasonable building scale and relationship between dwellings in a neighborhood. b. Standards: The minimum building width requirements for principal structures in single-family residential zones are stated in table 2A-2, located at the end of this section. A principal building must be in compliance with the specified minimum building width for at least seventy five percent (75%) of the building's length. (See figure 2A.3 below.) Figure 2A.3 - Minimum Building Width D. Maximum Lot Coverage Standards: 1. Total Building Coverage: a. Purpose: The total building coverage standard helps to define the character of single-family residential zones by limiting the land area that can be covered by buildings. These standards work in conjunction with the minimum lot requirements and building bulk standards to determine how built up a neighborhood appears. b. Standards: The total building coverage standards for the various single-family residential zones are stated in table 2A-2, located at the end of this section. The maximum building coverage standard establishes the percentage of the total area of a lot that can be covered by buildings. The total building area of all buildings on the property, including both principal and accessory buildings, is used to calculate the building coverage. 2. Front Setback Coverage: a. Purpose: The front setback coverage standard ensures that a certain portion of the front setback area remains free of impervious surface, which helps to maintain a consistent and pleasant environment along neighborhood streets. These standards increase public safety by preventing excessive front yard paving and vehicular storage that may obscure the principal dwelling and the main entrance from view of the street. In addition, this standard helps to prevent neighborhood streets that are dominated by front yard pavement, particularly along frontages with narrow residential lots. b. Standard: The maximum front setback coverage standard for the single-family residential zones is stated in table 2A-2, located at the end of this section. The table lists the maximum percentage of the required front setback that may be covered by impervious surface, including driveways, walkways, patios, decks, and other paved areas. Front setback coverage may not exceed the percentage indicated in said table 2A-2. c. Exception: A special exception may be requested to increase the allowed front setback coverage. The Board of Adjustment may adjust the front setback coverage standard if the owner or lawful occupant of a property demonstrates that the general special exception approval criteria set forth in chapter 4, article B of this title, and the following specific approval criteria have been satisfied: (1) The lot is of an irregular shape or contains severe topography, such that there is practical difficulty meeting the front setback coverage standard. (2) The applicant has demonstrated that every effort has been made to design buildings, paved areas, and vehicular use areas to meet the front setback coverage standard. Such efforts include reducing the width of driveways, reducing paved areas and size of garages and providing alternative means of vehicular access to the property. If vehicular access to an alley or private rear lane is available, the front setback coverage standard may not be increased. (3) Granting the exception will not be contrary to the purpose of the front setback coverage regulations. (4) Any potential negative effects resulting from the exception are mitigated to the extent practical. (Ord. 05-4186, 12-15-2005) E. Minimum Open Space Requirements: 1. Purpose: The minimum open space requirements are intended to ensure a minimum amount of private, usable open space is provided to support the health, well-being and enjoyment of the residents of the dwelling. The intent of the open space is to support passive recreation, leisure activities, informal gathering, and opportunities for interaction with nature. 2. Minimum Requirements: a. On lots that contain multi-family uses or group living uses, usable open space shall be provided on each lot at a ratio of ten (10) square feet per bedroom, but not less than four hundred (400) square feet, located in one or more clearly defined, compact areas, with each area not less than two hundred twenty five (225) square feet with no dimension less than fifteen feet (15'). b. On lots that contain detached single family uses, a minimum of five hundred (500) square feet of usable open space shall be provided, located in the rear yard with no dimension less than twenty feet (20'). c. On lots that contain attached single family uses, a minimum of one hundred fifty (150) square feet of usable open space shall be provided, located in the rear yard with no dimension less than ten feet (10'). d. On lots that contain two family uses, a minimum of three hundred (300) square feet of usable open space per dwelling unit shall be provided, located in one or more clearly defined, compact areas, with each area not less than three hundred (300) square feet with no dimension less than twelve feet (12'). 3. Standards: a. For multi-family uses and group living uses, open space shall meet the standards as set forth in subsections 14-2G-7E1 through E7 of this chapter. b. For single family uses and two family uses open space shall be located behind the principal dwelling in an area visible and easily accessible from the principal dwelling and shall consist of open planted green space, which may include trees, planters, gardens, and other amenities that support passive recreation or leisure activities. Paved areas shall not be counted toward usable open space. For attached single family uses, rooftop or upper floor open air terraces or rear yard-facing porches, including screened-in porches (non- habitable space only) may count toward the open space requirement. 4. Minor Modification: A minor modification may be requested according to the provisions and approval criteria of section 14-4B-1, "Minor Modifications", of this title, to reduce the required open space for single family and two family uses in the following circumstances, provided the additional approval criteria stated in subsection E4e of this section, are satisfied. Note that reducing the open space may reduce the allowed occupancy of a rental property (see title 17, chapter 5, "Housing Code", of this Code): a. In order to establish up to two (2) off-street parking spaces (surface parking or in a garage) on a lot that currently has fewer than two (2) off-street parking spaces; or b. If the lot is a corner lot, is irregular in shape, substandard in size, or contains severe topography, or other unique circumstance, such that there is practical difficulty meeting the standard; or c. The lot contains a manufactured home, where due to the shape/dimensions of the home there is practical difficulty meeting the standard; or d. The lot contains a detached zero lot line dwelling, where the side yard is designed to serve as usable open space for the dwelling; e. Approval criteria: (1) The applicant has demonstrated that every effort has been made to design buildings, paved areas, and vehicular use areas to meet the open space requirement. Such efforts may include but are not limited to reducing the width of driveways, reducing paved areas and size of new buildings or additions, and providing alternative means of vehicular access to the property; and (2) The open space requirement will be satisfied to the extent possible in another location on the lot, such as a side yard; and (3) Any potential negative effects resulting from the exception are mitigated to the extent possible. Table 2A-2: Dimensional Requirements In The Single-Family Residential Zones Zone/Use Minimum Lot Requirements Minimum Setbacks Building Bulk Maximum Lot Coverage Maximum Number Of Bedrooms Per Unit11 Minimum Open Space (Sq. Ft.)10 Lot Size (Sq. Ft.) Area/Unit (Sq. Ft.) Lot Width (Ft.) Frontage (Ft.) Front (Ft.) Side (Ft.) Rear (Ft.) Maximum Height (Ft.) Minimum Building Width (Ft.) Total Building Coverage Front Setback Coverage Zone/Use Minimum Lot Requirements Minimum Setbacks Building Bulk Maximum Lot Coverage Maximum Number Of Bedrooms Per Unit11 Minimum Open Space (Sq. Ft.)10 Lot Size (Sq. Ft.) Area/Unit (Sq. Ft.) Lot Width (Ft.) Frontage (Ft.) Front (Ft.) Side (Ft.) Rear (Ft.) Maximum Height (Ft.) Minimum Building Width (Ft.) Total Building Coverage Front Setback Coverage RR-1 Detached single- family, including zero lot line 40,000 40,000 80 50 156 5+22 20 35 203 40% 50% n/a 500 Other uses1 40,000 n/a 80 50 20 5+22 20 35 203 40% 50% n/a n/a RS-5 Detached single- family, including zero lot line 8,0008 8,000 608 458 156 5+22 20 35 203 45% 50% n/a 500 Duplexes 12,000 6,000 80 80 156 5+22 20 35 203 45% 50% 4 300/unit Attached single- family 6,000 6,000 40 40 156 0 or 105 20 35 203 45% 50% 4 150 Other uses1 8,000 n/a 60 45 20 5+22 20 35 203 45% 50% n/a n/a Detached single- family, including zero lot line 5,0008 5,000 458 408 156 5+22 See note 9 35 203 45% 50% n/a 500 RS-8 Duplex 8,700 4,350 70 70 156 5+22 See note 9 35 203 45% 50% 4 300/unit Attached single- family 4,350 4,350 35 35 156 0 or 105 20 35 203 45% 50% 4 150 Other uses1 5,000 n/a 45 40 20 5+22 20 35 203 45% 50% n/a n/a RS- 12 Detached single- family, including zero lot line 5,0008 5,000 458 408 156 5+22 See note 9 35 203 50% 50% n/a 500 Duplex 6,000 3,000 55 40 156 5+22 See note 9 35 203 50% 50% 4 300/unit Attached single- family 3,000 3,000 20/287 20 156 0 or 105 20 35 183 50% 50% 4 150 Other uses1 5,000 n/a 45 40 20 5+22 20 35 203 50% 50% n/a n/a RNS- 12 Detached single- family 5,000 5,000 45 25 156 5+22 See note 9 35 203 40% 50% n/a 500 Duplex 6,000 3,000 45 25 156 5+22 See note 9 35 203 40% 50% 4 300/unit Multi- family uses 5,000 Existing4 45 25 156 5+22 20 35 203 40% 50% 3 10/bedroom, but no less than 400 Other uses1 5,000 n/a 45 25 20 5+22 20 35 203 40% 50% n/a n/a n/a = not applicable Notes: 1. Other uses must comply with the standards listed in this table unless specified otherwise in chapter 4, article B of this title. 2. Minimum side setback is 5 feet for the first 2 stories plus 2 feet for each additional story. Detached zero lot line dwellings must comply with the applicable side setback standards in chapter 4, article B of this title. 3. A building must be in compliance with the specified minimum building width for at least 75 percent of the building's length. 4. See the special provisions of this article regarding multi-family uses. 5. See applicable side setbacks for attached single-family as provided in chapter 4, article B, "Minor Modifications, Variances, Special Exceptions, And Provisional Uses", of this title. 6. The principal dwelling must be set back at least 15 feet, except on lots located around the bulb of a cul-de-sac; on such lots the principal dwelling must be set back at least 25 feet. On all lots, garages, both attached and detached, must be set back as specified in chapter 4, article C, "Accessory Uses And Buildings", of this title. 7. Minimum lot width is 20 feet for attached units on interior lots and 28 feet for end lots in a row of attached units. When only 2 units are attached, lots must be 28 feet wide. 8. If the single family density bonus options have been applied, the minimum lot area, lot area per unit, lot width and lot frontage requirements may be reduced accordingly. (See section 14-2A-7 of this article.) 9. The principal building rear setback is 20 feet, except in the Central Planning District and Downtown Planning District, where the rear setback is dependent on the depth of the lot. For lots equal to or less than 100 feet in depth: minimum rear setback = 20 feet. For lots greater than 100 feet in depth: minimum rear setback = lot depth less 80 feet. For purposes of this provision, garages located in the rear yard and attached to the principal dwelling with a (non-habitable) breezeway (8 feet or narrower in width) will be considered detached accessory buildings and, therefore, are subject to the setback requirements for detached accessory buildings, rather than principal building setback requirements. Similarly, subject breezeways shall be treated as detached accessory structures/buildings. 10. Open space must meet standards set forth in subsection 14-2A-4E of this section. 11. Any bedroom within a multi-family, attached single family or duplex that exceeds 225 square feet in size or has any horizontal dimension greater than 16 feet shall count as 2 or more bedrooms, as determined by the City. The maximum number of bedrooms may be further constrained by the provisions of title 17, chapter 5, "Housing Code", of this Code. (Ord. 18-4744, 4-2-2018) Title 14 Zoning Code Chapter 2 Base Zones A.Single-Family Residential Zones 4.Dimensional Requirements B. Minimum Setback Requirements for Principal Buildings 3. Specific Setback Requirements e.Setback Averaging: (2)Where at least fifty percent (50%) of the lots along a frontage are occupied by principal buildings that are located closer to the street than the required front setback, the front setback may be reduced to the average of the respective setbacks on the abutting lots. Only the setbacks on the lots that abut each side of the subject property along the same street may be used to calculate the average. Setbacks across the street or along a different street frontage may not be used. When one abutting lot is vacant or if the lot is a corner lot, then the average is based on the setback of the nonvacant lot and the required setback for the zone in which the lot is located. (See figure 2A.2 of this section.) Figure 2A.2 - Setback Averaging (2) Staff Analysis-Front Setback Distance: This lot qualifies for setback averaging as 4 out of 5 lots (80%) along this frontage are occupied with buildings closer than the 15’ base zone front setback. The subject lot is not a corner lot as it is only bounded by one street. While streets and alleys are both public rights-of-way, only streets are used in the setback averaging calculation. Only the highlighted abutting lot’s measurement is used for calculation. Therefore, Front setback for subject lot is: 9.8’/1 = 9.8’ APL23-0002 ATTACHMENT 3 Materials Provided in April 12 Meeting APL23-0002 ATTACHMENT 4 Correspondence Prepared by Identified Party 1 Kirk Lehmann From:Stevie L.H. Toomey <inbox.fashion@gmail.com> Sent:Wednesday, April 12, 2023 1:28 PM To:Kirk Lehmann Subject:319 N Van Buren ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Hello, Coming in hot at the 11th hour, nonetheless, I have concern for the permit that was given to the lot at 319 N Van Buren. The illegal (out of code staircase) and the height of the building are not okay for our neighborhood. The out of code staircase is very much a pedestrian safety hazard so close to a sidewalk AND the alley. If the city does not correct their mistake, anyone who is building or plans to build can now just mark their drawings in a deceitful way to pass code... and then say "oops I meant it to say something else." Please do your part to protect the safety and integrity of the historic Northside Neighborhood. Sincerely, Stevie Toomey 225 Fairchild St. Iowa City, Iowa 52245 Art lover, property manager, real estate broker, team builder, party planner, mom, and wife. How can I help you? 1 Board of Adjustment April 8, 2023 In an April 7 memo defending the decision to allow a staircase to intrude into the required front setback, the Building Official states: “Stairways are an allowed building feature which may extend into the required principal building setback area subject to the condition indicated in 14-2A-4B-4d. The stairway, while it does access the level of the building above the ground/first floor, is not the principle means of access to the building. The principal means of access to the building as stated above is the south facing entry door on the building facade adjacent to Van Buren Street. Therefore the stairway can extend without limits into the front setback area.” In making this interpretation the Building Official relies heavily on Section 14-2A- 4:B.4.d. (from now on referred to as Section d.). Section d. states, “Stairways that function as the principal means of access to dwelling units located above the ground or first floor of a building may not extend into any required setback.” The presence of this clause and its reference to “principal access” should not lead to allowing a full-story staircase to a second access for a single-family house to intrude into the required setback area, especially when read in context of the entire section addressing what building features are allowed in the setback area. The Building Official’s claim that “Stairways are an allowed building feature which may extend into the required principal building setback area subject to the conditions indicated in 14-2A-4B-4d….." is incorrect. Nowhere in the code (including section 14- 2A-4B-4.d.) does it say that stairways to a second floor are permitted to extend into a required setback area for a single-family dwelling, regardless of whether it leads to a principal or secondary access. The portions of a building that the zoning code lists as being allowed to extend into the setback are: awnings, uncovered balconies, bay windows, belt courses, buttresses, canopies, chimneys, cornices, sills, and other similar features (Section 14-2A-4: B.4.a.). The proposed full-story stairway is not similar to these items. It is, however, similar in design and scale to porches, covered decks, and covered patios. All items that are expressly prohibited from extending into the setback area (Section 14-2A-4: B.4.b.). Read Section d. closely. “Stairways that function as the principal means of access to dwelling units located above the ground or first floor of a building may not extend into any required setback.” The modifier “located above the ground floor” refers to dwelling units, not principal access. In other words Section d. is saying if a building contains dwelling units above the ground floor the building may not have a stairway (which provides principal access to those dwelling units) extending into a setback. It does not say if primary access is on the ground floor a stairway may lead to a second door on an upper floor, as the Building Official misinterpreted. Section d. refers to dwelling units above the ground floor for a reason. The use of dwelling units plural indicates that it is referring to multiple units. This clause is not referring to a single family dwelling. How could you have a single family dwelling above 2 the ground floor? If the single family dwelling is above the ground floor, what is on the ground floor? In reality part of the single family dwelling has to be on the ground floor. The reason that Section d. is in the code is that in the 1990s some developers were constructing multi-unit buildings with exterior staircases as means of access to dwelling units located on upper floors. This style of construction allows a building to achieve a maximum amount of leasable space with a minimum amount of interior common space to be maintained. However, it can also result in aesthetic and safety concerns. The City wished to discourage this type of design so Section d. was added to the code to expressly prohibit exterior staircases in the setback area as the primary means of access to dwellings located above the ground floor of multi-unit buildings. Other than emphasizing that full-story exterior staircases are undesirable even on multi-family buildings, Section d. is meaningless in the context of a single family dwelling.* The section immediately following Section d., Section 14-2A-4B-4.e. (Section e.) applies to single-family dwellings and other residential buildings. Section e. states: “Stoops and wheelchair ramps that function as a means of access to the ground or first floor of a building may extend into the rear setback, up to eight feet (8') into the required front setback . . .” Section e. makes it clear that stairs that are allowed in the setback area are limited to the ground or first floor. The Building Official ignored this clause in her statement. Why would the zoning code limit stairs that are in the setback area to the ground floor in Section e, but allow them to upper floors in Section d? When read correctly it doesn’t. The Building Official apparently did not take into account Section 14-4C-2: J.1.b, which prohibits the construction of decks and platforms within 10 feet of the front property line. The proposed staircase includes two landing platforms and decks within the prohibited area. Even if one bought the argument that stairways to the second floor are allowed if they are providing secondary access, it would be questionable that the plan for 319 N. Van Buren complies with this misinterpretation. The building and site plans show that the second-floor door to which the encroaching staircase leads, is the front door to the house. It faces the street and provides access to the main living area. It is clearly the principal access. The first-floor door located on the southeast corner of the building does not face the street. It faces an alley and will be hidden behind the staircase. It is clearly not the principal access. It should be noted that on February 3, 2022 the Building Official approved the plan shown on Exhibit A. That plan did not show any pedestrian doorway on the first floor of the house. The only pedestrian access was to the second floor reached by the stairway that intrudes into the required setback. After inquiries were raised about approval of that plan, it was amended on December 15, 2022 to include a door on the first floor, which the Building Official is now claiming as the principal entrance. One might conclude that the addition of this first-floor door was an attempt to rectify the mistake of granting a 3 permit for a stairway that violates the setback. But it does not solve the violations as detailed above. When there is a question about interpretation, good zoning practice looks to the intent or purpose clause of the code for guidance. For setbacks, Section 14-2A-4.B.1.c. states that the purpose is to, “Reflect the general building scale and placement of structures in the city's neighborhoods.” The proposed plan does not reflect the general building scale and placement of structures in the RNS-12 zone or any single-family neighborhood in the city. If you drive or walk through the neighborhoods of Iowa City, you will not find examples of single-family houses with full-story stairways that intrude into the front yard setback. If you do they are non-conforming or zoning violations. The building permit for 319 N. Van Buren Street was issued by mistake and should be revoked. Robert Miklo * Section d. appears in the single-family dimensional standards of the zoning code only because the RNS-12 zone allows construction of multi-unit buildings when they are being built to replace existing conforming multi-unit structures and therefore standards are necessary to guide their construction. Exhibit A: previously approved plan with no ground floor pedestrian access shown. March 23, 2023 RE: Appeal regarding property at 319 N Van Buren Dear Property Owner and/or Occupant: The Iowa City Board of Adjustment has received an appeal submitted by David Moore. The appeal challenges a building permit extension issued for a single-family home at 319 N. Van Buren Street, alleging that the proposed building does not meet setback and other requirements of city code. As a neighboring property owner and/or occupant, you are being notified of this application. If you know of any interested party who has not received a copy of this letter, we would appreciate it if you would inform them of the pending application. The Board of Adjustment will review this application at a public meeting tentatively scheduled for April 12, 2023 at 5:15 p.m. Because the meeting is subject to change, you may wish to call 319-356-5247 or check the City of Iowa City’s website, www.icgov.org/BOA, the week of the meeting to confirm the meeting agenda. You are welcome to attend this public meeting to present your views concerning this application. You may also submit written information to me for consideration in advance of the meeting, and I will include your comments in the information to be considered by the Board. Please do not hesitate to contact me at klehmann@iowa-city.org or 319-356-5247 if you have any questions or comments about this application or if you would like more information on the Board of Adjustment review process. Sincerely, Kirk Lehmann, AICP Associate Planner, City of Iowa City Department of Neighborhood and Development Services What is the Board of Adjustment? The Board of Adjustment is panel made up of Iowa City citizens appointed by the City Council. The board reviews and grants special exceptions and variances and also considers appeals when there is a disagreement about an administrative zoning decision made by the City. Members of the board act like judges, making decisions about individual properties and uses that may have difficulty meeting a specific zoning regulation or to resolve disputes about administrative zoning decisions. The actions and decisions of the Board of Adjustment are binding upon all parties unless overturned upon appeal to District Court. What is a special exception? There are two types of special exceptions. 1. Within the zoning code a number of land uses are set apart as special exceptions that may be permitted in certain zones. Rather than permitting these uses outright, each is reviewed on a case-by-case basis to ensure that they do not negatively affect surrounding properties. For example, daycare centers are permitted in residential zones by special exception. The same is true of churches and private schools. All may be appropriate uses in residential zones, if certain criteria such as parking, screening, and other requirements are met. 2. Adjustments to specific zoning requirements in cases where there are unique circumstances. Again, the opportunity to adjust these requirements and the criteria for allowing such adjustments are described in the Zoning Code. For example, a homeowner may apply for a reduction in a building setback in order to accommodate an addition or other improvement to their property. The Zoning Code lists explicitly each use and standard for which a special exception may be considered. In other words, you can’t request a special exception for everything—only those things called out as special exceptions in the Code. The Code also provides criteria specific to each request. Applicants must provide evidence that they satisfy each of these criteria, and the Board must consider these criteria when making a determination as to whether to grant a special exception. What is a variance? A variance grants a legal right to an owner to develop property in a manner that deviates from a specific provision of the Zoning Code and for which a special exception is not expressly allowed. In seeking relief from the restrictions in the Zoning Code, the property owner applying for the variance must show that the strict application of the Zoning Code would cause and unnecessary hardship such that the property in question is unusable or that a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the zoning district. In addition the circumstances that create this hardship must be unique to the property in question and must not be of the property owner’s own making. What is an appeal? The Board considers and rules on appeals from any citizen who believes there is an error in any decision, determination, or interpretation made by the City or its designee in the administration of the Zoning Code. As with their other decisions, the Board’s ruling is binding on all parties unless overturned on appeal to the District Court. How does the review process work? An application requesting a special exception, variance, or an appeal is a request. The Board makes a decision on whether to grant a specific request only after City staff have provided a review of an application and the public has had an opportunity to make its concerns known. The Board not only has the right to approve or deny requests, but may also choose to approve request subject to certain conditions. In making decisions, the Board may only consider comments and evidence relevant to the specific standards provided in the code. City Development Staff provide reports to the Board for each application on the agenda. The Staff Report provides background information on the application, informs the Board of all the criteria in the Code that a particular application must satisfy, and interprets whether and how an application has satisfied these criteria. How can I participate in the process? Because most applications will be reviewed and decided upon at a single public hearing, it is important for interested parties to respond in a timely and informed manner. Those who wish to speak for or against an application are given an opportunity to be heard by the Board at the hearing, but may also submit written comments prior to the meeting. Written comments must be delivered to the Department of Neighborhood & Development Services at City Hall no later than 5 days before the hearing in order to be included with the Staff Report. All correspondence submitted after that time will be delivered to the Board at the time of the hearing. The Board considers the application, the recommendation of staff (in the staff report) and any additional information, correspondence, or testimony provided at the hearing. Board of Adjustment hearings are usually held on the second Wednesday of each month at 5:15 p.m. in Emma J. Harvat Hall in City Hall. You can find more information at the following website: www.icgov.org/boa. The Staff Report can be very useful to anyone who is unfamiliar with the BOA process or with the Zoning Code and will provide an understanding of the criteria that the Board must consider in rendering its decision. Staff Reports may be obtained from the Department of Neighborhood & Development Services. E-mail klehmann@iowa- city.org to request a copy of a report. If you have questions about an application or if you simply want more information about issues related to the Board of Adjustment, please feel free to contact Kirk Lehmann at 319-356- 5247 or e-mail klehmann@iowa- city.org. To submit comments to the Board of Adjustment write to the Board of Adjustment c/o the Department of Neighborhood & Development Services, 410 E. Washington St., Iowa City IA 52240 or e-mail klehmann@iowa- city.org. Board of Adjustment: Frequently Asked Questions N G i l b e r t S t N V a n B u r e n S t E Bloomington St E Davenport St  appeal •—„‹––‡† „› ƒ˜id ‘‘”‡ ”‡‰ƒ”†‹‰ ƒ „—‹Ž†‹‰ ’‡”‹– ‡š–‡•‹‘ for a single-family home ƒ– ͵ͳͻ .. ƒ —”‡ –”‡‡–, alleging –Šƒ– the building †‘‡• ‘– ‡‡– •‡–„ƒ… ƒ† ‘–Š‡” ”‡“—‹”‡‡–• ‘ˆ C‹–› C‘†‡Ǥ q APL23-0002 319 N Van Buren Street 0”‡’ƒ”‡† ›ǣ ƒ‹ ”‹ƒ ƒ–‡ 0”‡’ƒ”‡†ǣ ƒ”…Š ʹͲʹ͵ 0 0.01 0.020.01 Miles Mailing Name Mailing Address2 Mailing Address3 Mailing Zip Code MICHAEL T & KELLEY A MCLAUGHLI 1020 HIGHLAND PARK AVE CORALVILLE, IA 52241 STEVE V NASH 1113 PRAIRIE GRASS LN IOWA CITY, IA 52246 PRAIRIE CREEK DEVELOPMENT CO L 11910 16TH AVE SW CEDAR RAPIDS, IA 52404 MALNICK LLC 1238 PHEASANT VALLEY ST IOWA CITY, IA 52246 KD PROPERTIES LLC 125 BICKFORD DR WEST BRANCH, IA 52358 SMITH-RUST PROPERTIES LLP 1317 ROCHESTER AVE IOWA CITY, IA 52245 JULIA ELLA LEUPOLD REVOCABLE T 13515 253RD AVE SPIRIT LAKE, IA 51360 WALTER J & JANE A KOPSA 1514 CHURCHILL PL IOWA CITY, IA 52240 JOEL D & MELISSA C SCHINTLER 155 COLUMBIA DR IOWA CITY, IA 52245 KIM C & JULIE A DATERS 155 ROBLE RD SONORA, CA 95370 JAMES B & BECKY J BUXTON 1811 MUSCATINE AVE IOWA CITY, IA 52240 YOUTH HOMES INC 1916 WATERFRONT DR IOWA CITY, IA 52240 OCCUPANT 210 N GILBERT ST IOWA CITY, IA 52245 OSCAR C BEASLEY 211 N 1ST AVE APT 1 IOWA CITY, IA 52245-3643 OCCUPANT 214 N GILBERT ST IOWA CITY, IA 52245 DENDRYS LLC 219 N GILBERT ST IOWA CITY, IA 52245 DRAGONFLY PROPERTIES II LLC 220 LAFAYETTE ST STE 160 IOWA CITY, IA 52240 WAYNE L & KATHERINE G PETERSON 2238 BARNARD CT MOLINE, IL 61265 OCCUPANT 225 N GILBERT ST IOWA CITY, IA 52245 MSL JCL, LC 228 WOOLF AVE IOWA CITY, IA 52246 TJ CUSTOM URBAN INVESTMENTS LL 2282 PETERS AVE NE IOWA CITY, IA 52240 PUBLIC SPACE ONE INC 229 N GILBERT ST IOWA CITY, IA 52245 OCCUPANT 230 N GILBERT ST IOWA CITY, IA 52245 OCCUPANT 305 N GILBERT ST IOWA CITY, IA 52245 OCCUPANT 310 N GILBERT ST IOWA CITY, IA 52245 ZION LUTHERAN CHURCH 310 N JOHNSON ST IOWA CITY, IA 52245 OCCUPANT 311 N GILBERT ST IOWA CITY, IA 52245 OCCUPANT 314 N VAN BUREN ST IOWA CITY, IA 52245 OCCUPANT 315 E DAVENPORT ST IOWA CITY, IA 52245 OCCUPANT 315 N GILBERT ST IOWA CITY, IA 52245 JASON D VARDAMAN 315 N VAN BUREN ST IOWA CITY, IA 52245 IDA SANTANA & PETER SPELTZ 317 FAIRCHILD ST IOWA CITY, IA 52245 OCCUPANT 317 N JOHNSON ST IOWA CITY, IA 52245 OCCUPANT 318 E BLOOMINGTON ST IOWA CITY, IA 52245 OCCUPANT 318 N GILBERT ST IOWA CITY, IA 52245 OCCUPANT 319 E BLOOMINGTON ST IOWA CITY, IA 52245 OCCUPANT 319 E DAVENPORT ST IOWA CITY, IA 52245 OCCUPANT 319 N VAN BUREN ST IOWA CITY, IA 52245 OCCUPANT 320 E DAVENPORT ST IOWA CITY, IA 52245 OCCUPANT 320 N JOHNSON ST IOWA CITY, IA 52245 OCCUPANT 321 N JOHNSON ST IOWA CITY, IA 52245 OCCUPANT 322 E BLOOMINGTON ST IOWA CITY, IA 52245 OCCUPANT 322 N VAN BUREN ST IOWA CITY, IA 52245 OCCUPANT 323 N VAN BUREN ST IOWA CITY, IA 52245 OCCUPANT 324 E DAVENPORT ST IOWA CITY, IA 52245 OCCUPANT 324 N GILBERT ST IOWA CITY, IA 52245 OCCUPANT 325 N GILBERT ST IOWA CITY, IA 52245 MARK MCCALLUM 326 N JOHNSON ST IOWA CITY, IA 52245 OCCUPANT 327 N JOHNSON ST IOWA CITY, IA 52245 PRESTIGE PROPERTIES DEV LLC 329 E COURT ST STE 2 IOWA CITY, IA 52240 PRESTIGE PROPERTIES V LLC 329 E COURT ST STE 2 IOWA CITY, IA 52240 PRESTIGE PROPERTIES IV LLC 329 E COURT ST STE 2 IOWA CITY, IA 52240 MICHAEL N OLIVEIRA 329 E COURT ST STE 2 IOWA CITY, IA 52240 OCCUPANT 330 N GILBERT ST IOWA CITY, IA 52245 OCCUPANT 331 N GILBERT ST IOWA CITY, IA 52245 OCCUPANT 331 N JOHNSON ST IOWA CITY, IA 52245 OCCUPANT 331 N VAN BUREN ST IOWA CITY, IA 52245 MARY JANE CLAASSEN 332 E DAVENPORT ST IOWA CITY, IA 52245 OCCUPANT 332 N JOHNSON ST IOWA CITY, IA 52245 OCCUPANT 332 N VAN BUREN ST IOWA CITY, IA 52245 MARY ELLEN CHUDACEK 34 BEDFORD CT IOWA CITY, IA 52240 HOLZLAND LLC 3832 COUNTY DOWN LN NE NORTH LIBERTY, IA 52317 OCCUPANT 402 E DAVENPORT ST IOWA CITY, IA 52245 OCCUPANT 404 E BLOOMINGTON ST IOWA CITY, IA 52245 OCCUPANT 404 E DAVENPORT ST IOWA CITY, IA 52245 OCCUPANT 406 N VAN BUREN ST IOWA CITY, IA 52245 ALAN DENBLEYKER 407 BROWN ST IOWA CITY, IA 52245 OCCUPANT 409 N GILBERT ST IOWA CITY, IA 52245 OCCUPANT 410 E MARKET ST IOWA CITY, IA 52245 SHANNON A HEIMAN 410 N VAN BUREN ST IOWA CITY, IA 52245 OCCUPANT 411 E DAVENPORT ST IOWA CITY, IA 52245 MICHAEL J LENSING 411 FAIRCHILD ST IOWA CITY, IA 52245 OCCUPANT 411 N JOHNSON ST IOWA CITY, IA 52245 OCCUPANT 412 E BLOOMINGTON ST IOWA CITY, IA 52245 OCCUPANT 413 N GILBERT ST IOWA CITY, IA 52245 OCCUPANT 414 E DAVENPORT ST IOWA CITY, IA 52245 322 E BLOOMINGTON LC 414 E MARKET ST IOWA CITY, 52245 OCCUPANT 414 N GILBERT ST IOWA CITY, IA 52245 BETH E GAUGER 414 N VAN BUREN ST IOWA CITY, IA 52245 SHAWN F COLBERT 415 E DAVENPORT ST IOWA CITY, IA 52245 OCCUPANT 415 N JOHNSON ST IOWA CITY, IA 52245 OCCUPANT 415 N VAN BUREN ST IOWA CITY, IA 52245 RALPH J SAVARESE 418 N GILBERT ST IOWA CITY, IA 52245 OCCUPANT 418 N VAN BUREN ST IOWA CITY, IA 52245 THOMAS R SCOTT 419 E FAIRCHILD ST IOWA CITY, IA 52245 MICHAEL R HUBER 419 N GILBERT ST IOWA CITY, IA 52245 ASHLEY J TUCKER 419 N VAN BUREN ST IOWA CITY, IA 52245 OCCUPANT 420 E DAVENPORT ST IOWA CITY, IA 52245 OCCUPANT 420 N GILBERT ST IOWA CITY, IA 52245 OCCUPANT 421 E DAVENPORT ST IOWA CITY, IA 52245 MICHAEL A LENSING 421 FAIRCHILD ST IOWA CITY, IA 52245 OCCUPANT 424 E BLOOMINGTON ST IOWA CITY, IA 52245 OCCUPANT 424 E DAVENPORT ST IOWA CITY, IA 52245 JAMES H & LEANNE J DREIER 424 N VAN BUREN ST IOWA CITY, IA 52245 DAVID MOORE 425 E DAVENPORT ST IOWA CITY, IA 52240 OCCUPANT 425 FAIRCHILD ST IOWA CITY, IA 52245 OCCUPANT 426 N GILBERT ST IOWA CITY, IA 52245 OCCUPANT 430 E BLOOMINGTON ST IOWA CITY, IA 52245 ADAM DREYFUSS GALLUZZO 430 E DAVENPORT ST IOWA CITY, IA 52245 VICTORIA A WALTON 430 N GILBERT ST IOWA CITY, IA 52245 OCCUPANT 430 N VAN BUREN ST IOWA CITY, IA 52245 ANDREW J & LINDSEY R LITTON 430 PARK RD IOWA CITY, IA 52246 STEPHEN K & REBECCA L SMITH 431 N VAN BUREN ST IOWA CITY, IA 52245 OCCUPANT 432 E BLOOMINGTON ST IOWA CITY, IA 52245 DON C & DOROTHY L FOWLES 4655 RUNNING DEER WOODS NE IOWA CITY, IA 52240 BLOOMINGTON STREET PROPERTIES 5 KIMBALL RD IOWA CITY, IA 52245 MERCY HOSPITAL 500 E MARKET ST IOWA CITY, IA 52245 WYNN FEDDEMA 501 15TH ST #602 MOLINE, IL 61256 OCCUPANT 502 E DAVENPORT ST IOWA CITY, IA 52245 OCCUPANT 504 E BLOOMINGTON ST IOWA CITY, IA 52245 DARLENE CLAUSEN 508 E BLOOMINGTON ST IOWA CITY, IA 52245 OCCUPANT 508 E DAVENPORT ST IOWA CITY, IA 52245 OCCUPANT 509 E DAVENPORT ST IOWA CITY, IA 52245 BLOOMINGTON BLDG PROPS LLC 510 E BLOOMINGTON ST IOWA CITY, IA 52245 STEVEN G & MARY L REICHARDT 512 DAVENPORT ST IOWA CITY, IA 52245 MARLIN R INGALLS 515 E DAVENPORT ST IOWA CITY, IA 52240 OCCUPANT 517 FAIRCHILD ST IOWA CITY, IA 52245 OCCUPANT 518 E DAVENPORT ST IOWA CITY, IA 52245 OCCUPANT 522 E BLOOMINGTON ST IOWA CITY, IA 52245 HOPE IRIS EDELMAN 522 E DAVENPORT ST IOWA CITY, IA 52245 OCCUPANT 523 FAIRCHILD ST IOWA CITY, IA 52245 OLIN L & FLORAINE LLOYD 5271 SIOUX AVE SE IOWA CITY, IA 52240 DAVID L ALBERHASKY 528 E DAVENPORT ST IOWA CITY, IA 52245 OCCUPANT 530 E BLOOMINGTON ST IOWA CITY, IA 52245 OCCUPANT 530 E DAVENPORT ST IOWA CITY, IA 52245 ELISABETH JEWELL 607 E WASHINGTON ST MOUNT PLEASANT, IA 52641 JAMES C SHAW 718 KIMBALL AVE IOWA CITY, IA 52245 I C RENTALS LC 747 OAKLAND AVE IOWA CITY, IA 52240 JAMES J THIBODEAU 825 N GILBERT ST IOWA CITY, IA 52245 FIRST HAWK LLC 873 NORMANDY DR IOWA CITY, IA 52246 AUDITORS OFFICE 913 S DUBUQUE ST STE 100 IOWA CITY, IA 52240 AUDITOR'S OFFICE 913 S DUBUQUE ST STE 101 IOWA CITY, IA 52240 RICHARD E MASON 953 WEEBER ST IOWA CITY, IA 52246 REM PROPERTIES LC 953 WEEBER ST IOWA CITY, IA 52246 RONALD R COCHRAN PO BOX 2 WEST BRANCH, IA 52358-0002 US CELLULAR PO BOX 2629 ADDISON, TX 75001 OFFICE 414 LLC PO BOX 3047 IOWA CITY, IA 52244-3047 ZJ-7 LLC PO BOX 3047 IOWA CITY, IA 52244-3047 BL-1 LLC PO BOX 3047 IOWA CITY, IA 52244-3047 F LLC PO BOX 3047 IOWA CITY, IA 52244-3047 M322 LLC PO BOX 3049 IOWA CITY, IA 52244-3049 406 NVB LLC PO BOX 3049 IOWA CITY, IA 52244-3049 APL23-0002 ATTACHMENT 5 Application Materials Prepared by Appellant Project Description: The building official has issued a building permit extension for a project at 319 N Van Buren Street that does not meet setback and other requirements of city code. Decision Being Appealed: Appealing the extension of a building permit Date of Decision: 01/17/2023 Title of Administrative Official Issuing Decision: Building Official (Development Services Coordinator) Code Section Cited in Official’s Decision: Municipal Code 17-1-3 Purpose of Appeal: To revoke the permit extension. Appeal Request Summary: The building official has issued a building permit extension for a project that does not meet setback and other requirements of city code. Remedy Desired: To revoke the permit extension.