HomeMy WebLinkAbout3/22/2002 403 S. Lucas StPrepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/3568:~'~
DECISION -7
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, FEBRUARY 13, 2002- 5 P.M. .
EMMA J. HARVAT HALL ~"
MEMBERS PRESENT: Mike Paul, Dennis Keitel, Eric Gidal, T.J. Brandt; Vincent Maurer
MEMBERS ABSENT: None
STAFF PRESENT: Karen Howard, Mitch Behr, Tim Hennes
OTHERS PRESENT: Dennis Mitchell, Greg Allen, Chuck Meardon, Tim Walker, An~reerks;~am
Ehrhardt, Cecile Kuenzli, Jer~ Hansen
APPEAL:
AP01-00003. Public hearing on an appeal of the City of Iowa City's interpretation and
enforcement of City Code Section 14-6D-7C(3) and 14-6D-9C(7) submitted by Tas Properties
regarding whether rooming house uses may be established or expanded on properties located
in the RNC-20, Neighborhood Conservation Zone, and RNC-12, Neighborhood Conservation
Zone, at 619 Burlington Street and 403 S. Lucas Street, respectively.
Findinqs of Fact: The Board finds that:
· The appellant applied for a building permit on March 10, 2000 to expand an existing
rooming house at 403 S. Lucas Street and the property at the time was zoned RM-12.
· The appellant applied for a building permit on March 13, 2000 to convert an existing multi-
family structure to a rooming house at 619 Burlington Street in the RNC-20 Zone.
· Rooming houses are provisional uses in the RM-12 and RNC-20 zones and are only
permitted if a specified amount of lot area exists for every 330 square feet of total floor
area in a rooming house.
· The density formula in the Zoning Ordinance is an objective mathematical standard and
there is no provision in the ordinance that allows the City to exempt existing structures from
its strict application.
· The lot sizes for the properties in question do not support the existing structures as
rooming house uses according to the density formula in the Iowa City Zoning Ordinance.
· While there appears to be some support for amending the existing density requirement for
rooming house uses, it is not within the power of the 3oard to ~,,,a,,gu ~he ' ....
· Application of this provision of the Zoning Ordinance will not limit the free use of property
since the appellant is still free to use the subject properties for other permitted uses in the
zone.
Conclusions of Law: The Board concludes that the City correctly applied City Code Section 14-
6D-7C(3) and 14-6D-9C(7) in determining that the size of the lots at 403 S. Lucas Street and
619 Burlington Street do not support the existing structures as rooming house uses. The City
did not err in strictly applying the relevant zoning ordinance provisions with regard to the
subject properties at 403 S. Lucas Street and 619 Burlington Street.
Disposition: By a vote of 5-0, the Board denies AP01-00003, an appeal of the City of Iowa
City's interpretation and enforcement of City Code Section 14-6D-7C(3) and 14-6D-9C(7)
submitted by Tas Properties regarding whether rooming house uses may be established or
expanded on properties located in the RNC-20, Neighborhood Conservation Zone, and RNC-
12, Neighborhood Conservation Zone, at 619 Burlington Street and 403 S. Lucas Street,
respectively.
000148
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, FEBRUARY 13, 2002
Page 2
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six
(6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken
action within such time pedod to establish the use or construct the improvement authorized under the
terms of the Board's order of decision. City Code Section 14-4B-5E, City of Iowa City, Iowa.
T.J.~C'andt, Chairperson
Approved by: ~
Ci~y'Attorney's Office
STATE OF IOWA )
)
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment
Decision herein is a true and correct copy of the Decision that was passed by the Board of
Adjustment of Iowa City, Iowa, at its regular meeting on the 12th day of December, 2001, as the
same appears of record in my Office.
Dated at Iowa City, this ~ ~ day of
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Marian~K. Karr, City Clerk
000 .49