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HomeMy WebLinkAbout11-27-2006SpecialMtg AGENDA IOWA CITY BOARD OF ADJUSTMENT SPECIAL MEETING Monday, November 27, 2008 - 5:00 PM Meeting Room A Iowa City Public Library 123 S. Linn Street Iowa City, IA A. Call to Order B. Roll Call C. Variance: VAR06-00001 Consideration of an application from John and Sandra Hudson for a variance from the zoning requirements to allow up to twenty (20) residents for a rooming house located in the Neighborhood Stabilization Residential (RNS-12) zone at 932 E. College Street. D. Other E. Board of Adjustment Information F. Adjournment CITY OF IOWA CITY BOARD OF ADJUSTMENT HEARING: VAR06-00001 November 16, 2006 Remarks by Sandra Hudson, Applicant Discussion Points The Staff report states RNC- 1 2 is intended to "stabilize existing residential neighborhoods by preserving the predominately single-family residential character o.fthese neighborhoods and preventing existing multi-family uses in these neighborhoods from becoming non-conforming. " (Ord.94-3608. 2-1-1994) (p2~4) I. Map # I is printed from Johnson County GIS Online. ~ Johnson County GIS Online An lnteml!t Mapping Applk:iltion of 1M' Johnson County, Iowa GIS - 'Mntel '1';IIq~I~I,~~tol""'FI t;:1"lat:!J!ll~tol 1r:.r1l' I '",...f' . \.- ~ ~ ~'~""'IU' .....,..a tut14i".,. :~s ~~;". "t~1\~. I ,....u.V tt1UMC1t '.)01 "ltt." ~ "":t~"1a, f1J-, llU \.'1~ to". ''''Ia~~f'1-C,,,''t1I ....._"' I. 111".. 1111 !..~~ ~'nG OD ."vn ... r'\,'n,1: f. y\.~:>tl,,(~~m '" '-i.r'it'-';;:';~ ..r;;;- 1111 1C1~ '; ttm 1r1r.u.r.a' ....0I:1D4 -- HIlL '."N.... ,.,. 1l:laNl'tt "Iel ...y:.......~ In 1l:tC"'ee.t ......lliN" I 11J'l"'''.J ut':I~. '1.-;1 ..("..; lI':in"II'IM IC1UNH3 r 'V'''I..... . .......01:11 '-, tel ... )' :5 t 1!!i HIt tlll'" I 11t:'. S ,lItC_H "Z, =.-=-' ~~~~ ~ .ra tt.I'::"'~Jltc~ l~t~~~u ~Jri ~ I)"~' ' . 1ell6 '):} -'n'J 1'01111eQH, 1 i." t ...;;i\A_t...... 1"'U"''''''~ .....''''htl1 ~ftVl .....~~~:~ ::: ~Q1--:r.....u UI1tDIfAj NI'tJ1tlOl .O'l~..~.' ....... _ ~ lI.J.1" ~ ..............L...-...a......;,.;;.~ E. eel I FoAF :. I - :=r<"~f1..,j ,tl,..l 1o.MilDJ.,. ~01')Ga.. '''']l~.J.. .::'-"t1~Ht4 H' to'. IMI'!'" . ,,"'IIIA ~ 1rl 1M', u," tn,..",,,,. '..117 1ft ~.."1.,."::--!ln ~~:I t) GtJJa:_ t,.~ ,~G'lIJfr , ......1111.. ....~':.'Mt1 Ill':, l'l 'I" ~ ... __..,.1 <:. ,.. · ;", ,..., . '" 'O"<)U101a ')2) _.:, _ fUIHI. tI,'1IO'" 't...t'''"'~ ....1J'l' H;1li..,I:1L. '" -. te11>>J, _T Ult'ln .'ll',. "1. IItf' .........ten. 'if'" . ICt. I ~1'It~ r'):'''O''UGG'. , t1C 'III.....~.12 t::~~ ,.... ltt....t~~ Buffer LAYERS 1.:..JSex Offender :.J AdminiJt'mion CJVoti... CJPubI;c <Mod_ CJT~ CJZoning CJAerioI Photov<aphy :::.i ....nd Rea>rd. ..C ( Subdivisions ..C <: Subd'MsionPd('fEIoIl ..C(P...a!_ ..f~ <: P...a! UIes ..C <: P...a!1Jnos TEMP ..il'. _..Homos ..C (' P...a! nMP T"" v....-...d ..C (. P...a! TEMP De<d_ ..C (~p~ TEMP PflN5 ..C (' P...al TEMP Kouso Nu..... ..C (' P...a! TEMP ""'-" ..C (' P...a! T..... V....-...d ..1:: (;. P...a! De<d Heider> ..~(~P~WNs ..Iii: (' P...a! Hoose Numben ..~'.pMml~s ~AulllR_ Holp ::J... t-.I..., tb. ~... ".,J,_____ ..........~_ 2. This represents property owners that were notified by the City of this public hearing. When we speak of neighborhood, we are speaking of this shaded oval. 3. Map #2 enlarges all 41 parcels (see next page). 4. The pink parcel is the subject property: 932 E. College Street. 5. The blue parcel indicates a condominium building. 6. Green dots indicate owner occupied homes. 7. Red dots indicate rental properties. 8. Blue dots indicate apartment buildings. 9. The four shaded plots indicate rooming houses. V AR06-0000 1 Remarks by Sandra Hudson 11/16/06 Page 1 of9 -- -- -- ~~. "./~ e e ~ . ~ J . 935, I 923 I 7T 903 911 921 '/ '-' '..I! t r- < + ----t 22f e ", f ~ " J910 920 r. i f , I . Ie e.e e 919 j 923 . -; ~ II 911 915 ~ --'-- 1 _ -----L- ~ 922 906 e i e Owner occupied homcs e Rental properties e Apartment huildings ee 9251 I 109 115_ r~ '- 1 /:'38. 1002. 1012 'ee e _ ',,\;:It~..., 'c..r~'" ."" .. 'j" _ 1\ :,1 1025 ~ )( 1 c' C .~ -. \. j0!2 , I J,!I18. I Ie I . I 102.2 :.... _.._-!_-~ .,~ -... F;~- 1- 1io IOWA' CITY "i . "-T . .1 I .. 1009 ) I 1 21. 1 '.... II:l ~ ~1012 - . . i ~- e 1 ()27 I . ~ .-.J'L.. Pink parcel: 932 E College Street Blue parcel: condominium building Four Sh:Hied plots: rooming houses 10. Thirty-three of the 41 buildings were built prior to 1930. 11. Eighteen of the 41 buildings continue serve the purposes for which they were built. a) Sixteen properties still function as single-family homes; 12 are owner occupied. b) One - 218 S. Summit - still functions as an apartment building (now condominium ownership ). c) The subject property, 932 E. College Street, still functions as a student residence. It is important to recognize the significance of this building. It belongs to a category of housing that is diminishing. We were surprised at the staff report suggested alternative uses of this property. That most certainly does not comply with official Standards for Historic Preservation. The College Hill Historic Conservation District will be undermined if this building's social and historical context is not preserved. i. Less than one-fifth-of-one-percent of our city's housing stock consists of buildings that have been architecturally designed to function as intentional communities. 11. Nearly all of these residences were built in the 1920s. 111. Many of you live in older homes and understand the economics of maintaining 80-year-old buildings. In the coming decade more and more of these buildings will be lost by demolition or adaptive reuse, as demonstrated in an earlier hearing this evening. IV. More than one quarter of932 E College Street is allocated to communal use. v. Today's construction costs make that type of set-aside prohibitive to reproduce. New ones will not be built. 12. Of the neighborhood's 41 properties, a little more than half of them are conversions and new construction which have caused destabilization and increased congestion for the neighborhood. a) Eleven historic single-family homes have been cut up to create 35 dwelling units, housing 71 occupants. b) Three historic single-family homes have been converted to rooming houses with 48 occupants. c) One historic single-family home as been converted to a sorority house with 20 occupants. d) Seven historic homes have been demolished. They have been replaced with 87 apartments with 364 occupants. 13. What this demonstrates is this neighborhood is not predominately single-family homes. On the contrary, multiple dwelling units make up 61 % of this neighborhood. 14. It also demonstrates that although 932 College Street has never changed, the neighborhood around it has changed a great deal. The Staff Report states that there must be evidence that "The owner's situation is unique or peculiar to the property in question, and the situation is not shared with other landowners in the area nor due to general conditions in the neighborhood. " (p4~8). 15. Since the building's construction in 1924, its dimensions, footprint, and use have never changed. 16. Its living area of 8,752 square feet has always been greater than the lot size of 7,440 square feet. 17. That situation is indeed unique and peculiar to this property. V AR06-0000 1 Remarks by Sandra Hudson 11/16/06 Page 3 of9 18. Table #1 shows the lot size / living area ratio for the neighborhood. # 932 219 728 802 935 200 922 928 831 Street E. College S. Summit E. College E. Washington E. College S. Summit E. Washington E. Burlington E. College Lot I LA 0.84 1.67 2.16 2.60 2.93 3.03 3.60 3.83 4.10 Sq Ft Lot 7,320 3,450 3,510 8,888 7,590 17,433 12,000 5,310 12,880 Sq Ft LA 8,752 2,060 1,628 3,418 2,593 5,748 3,337 1,388 3,143 Function Intentional Community Rooming House Rooming House Intentional Community Intentional Community Intentional Community Rooming House Rooming House Rooming House 19. From the first zoning legislation in the mid-twentieth century, the ratio between the lot size and the building size has been a problem for 932 E. College Street. 20. Each down zoning has placed the property more and more out of conformity. The staff report states, "Under the current code, the maximum density in RM-20 zone, which allows rooming houses, would allow 1 roomer per 550 square feet of lot area (7440 square feet / 550=13.53), thatis 13 roomers. (p3~1) 21. I intend to show that the above formula is unreasonable in relation to this property. 22. The building was designed and built to be used as a residence for college students. 23. In the 84 years of its existence, college students have made the building their home. At different points in time, it has served as a sorority, a fraternity, and a private dormitory. 24. Regardless of ownership, the form and function of the home has been consistent. 25. In an attempt to control density and congestion, the current zoning legislation uses an arbitrary mathematical formula based upon lot size. That is a rational and highly effective method to determine the occupancy rate for new construction. 26. That formula, however, is grossly unfair when used to calculate the occupancy rates for an existing building. 27. New construction can be built to control the costs in relation to the occupancy permitted. 28. Existing buildings do not have that opportunity. 29. Many communities use the square footage of "living area" to determine a fair occupancy rate for existing buildings. 30. Calculating living areas for the buildings that staff selected for comparatives, you see immediately that 932 E College Street provides significantly more living space per occupant even with 20 tenants. # Street 200 S. Summit 831 E. College 802 E. Washington 935 E. College 932 E. College 932 E. College V AR06-00001 Remarks by Sandra Hudson 11116/06 Oce 16 13 10 12 13 20 Sq Ft LA 5,748 3,143 3,418 2,593 8,752 8,752 932 parity LA 24 36 26 41 LA / Oce 359 242 342 216 673 438 Page4of9 31. Notice also that when parity is applied, 932 E College Street is never below 24 occupants - and can go as high as 41 occupants. That's more than double the number we are requesting. 32. If we look at every rooming house in the city, the picture is much the same. 33. Only a small minority of these 65 rooming houses offers more square footage per occupant. # Street Occ Living Area LA / Occ Parity 1131 3rd Ave 16 2451 153 12 414 Brown 23 9330 406 4 214 Church 8 4512 564 3 219 Church 14 3916 280 6 228 Church 5 2337 467 4 209 E Bloomington 4 1800 450 4 215 E Bloomington 4 1582 396 5 905 E Burlington 8 2198 275 7 928 E Burlington 5 1,388 278 6 728 E College 6 1628 271 7 831 E College 13 3,143 242 7 932 E College 13 8,752 673 3 932 E College 20 8,752 438 4 935 E College 12 2,593 216 8 613 E Cou rt 6 1,352 225 8 223 E Davenport 7 1,970 281 6 112 E Davenport 8 1,320 165 11 214 E Davenport 6 2,016 336 5 319 E Davenport 6 2,024 337 5 328 E Jefferson 4 3,068 767 2 727 E Jefferson 5 1,673 335 5 427 E Market 6 2,126 354 5 802 E Washington 10 3,418 342 5 922 E Washington 13 3,337 257 7 332 Ellis 34 1,984 58 31 802 E Washington 10 3,418 342 5 702 Iowa Ave 8 1,674 209 9 703 Iowa Ave 7 1,948 278 6 124 N Clinton 18 4312 240 8 410 N Clinton 20 3,433 172 10 21 N Dodge 10 2,119 212 8 230 N Dubuque 7 1,691 242 7 716 N Dubuque 21 1,743 83 22 119 N Gilbert 5 1,370 274 7 115 N Gilbert 5 2,340 468 4 10 N Johnson 7 2,840 406 4 14 N Johnson 14 2,702 193 9 403 N Linn 10 3,430 343 5 411 N Linn 7 2,460 351 5 V AR06-00001 Page5of9 Remarks by Sandra Hudson 11/16/06 121 N Van Buren 13 2,311 178 10 702 N. Van Buren 7 1,943 278 6 125 River 12 1,706 142 13 311 Ronalds 6 2,082 347 5 518 S Capital 10 2,008 201 9 520 S Capital 5 1,940 388 5 416 S Dodge 9 3,045 338 5 17 S Governor 11 2,831 257 7 111 S Governor 9 1,954 217 8 115 S Governor 7 2,225 318 6 314 S Governor 9 2,324 258 7 333 S Governor 7 1,428 204 9 335 S Johnson 10 1,666 167 11 5 S Lucas 6 2,151 359 5 221 S Lucas 8 3,229 404 4 222 S Lucas 8 2,432 304 6 325 S Lucas 4 1,576 394 5 424 S Lucas 9 1,860 207 9 518 S Lucas 6 1,942 324 6 200 S Summit 16 5,748 359 5 219 S Summit 4 2,060 515 3 34. This demonstrates that 932 E College Street faces hardship not only in relation to similar properties in the neighborhood, but also in relation to similar properties citywide. 35. When you reduce the number of occupants for an existing building, an immediate hardship results, because it is impossible for an owner to correspondingly reduce the size of the existing structure. 36. The size of a structure carries with it inherent "costs of operations. " 37. I am going to spend considerable time talking about "costs of operations." 38. There's a reason Gillette gives away razors. They make money selling you blades. Your significant costs are for operations. 39. Hewlett Packard printers are relatively cheap. They make money selling you ink cartridges. Again, your significant costs are for operations. 40. Several years ago we were given the opportunity to buy the "Body By Fisher" Summer estate in New Hampshire with a postcard-perfect view of Mount Washington for only $250,000. When we examined the financials, we didn't buy. The cost for operations was more annually than the purchase price. 41. In each of the above examples, I have tried to demonstrate the difference between purchase price and the costs of operations. 42. The purchase price is a one-time cost. 43. Operations are an on-going cost month after month. 44. Every building has certain costs of operation that do not adjust with occupancy rates. The maintenance of the building's envelope, the electrical and plumbing systems, and insurance are some examples. V AR06-0000 1 Remarks by Sandra Hudson 11/16/06 Page 6 of9 45. When an existing building has fewer occupants than it was designed to serve, it is certain that the owner will face a financial hardship. 46. The owner does not have the option of cutting the existing building down to size. 47. It is important for neighbors to realize they will share this hardship. With inadequate income for operations, maintenance will be deferred. This property is already beginning to show some deferred maintenance. 48. Responsible tenants are less likely to rent properties that are not well maintained. 49. Less responsible tenants move in. 50. This frequently causes problems for the neighborhood. 51. The property owner is not likely to be responsive to neighborhood concerns. He will not evict the tenant. He cannot afford the loss of rent. 52. This scenario should sound familiar. 53. I'm suggesting there was a direct correlation between the prior condition of932 E. College Street and the problems the neighborhood experienced. 54. If an occupancy rate of 13 is implemented, the majority of the line items associated with operations will not change, but the income would be reduced by 35 %. That clearly creates a financial hardship. 55. No property can be expected to yield a reasonable rate of return with a 1/3 reduction of the income it was built to generate. 56. Pre-renovation floor plans of this building indicate the building was built with 22 bedrooms. 57. At that point, in history, double occupancy was common. 58. I have floor plans here for you to inspect, if desired. 59. An occupancy rate of20 is lower than the occupancy rate the building was built to serve, lower than it was throughout most of its history, and lower than every comparable property in the City. 60. Allowing a pre-existing pattern to continue will not alter the essential character of the neighborhood. 61. Failing to do so, however, is very likely to cause a downward spiral for the property and have a long-term negative impact on the essential character of the neighborhood. 62. This property cannot yield a reasonable rate of return ifzoning codes are applied retroactively which reduces the number of occupants this building was built to serve. 63. This entire discussion demonstrates the "unreasonableness of the zoning ordinance itself," specifically the formula used to calculate occupancy rate. The Staff Report states "Although it is true that chanfles in dimensional. density. and varkinfl requirements were not caused bv the vroperty owner. or a predecessor in title. the current owners' decision to invest in the property based on the 1997 business plan was of their own making" (p5~c) 64. The inequities that have impacted this property are the result of zoning. They have nothing to do with any action or inaction of prior owners. 65. The portion of the statement which I underlined supports our position. We are pleased staff agrees. 66. The Board of Adjustment in 1997 also agreed, "The changes in dimensional, density and parking requirements over the years as the zoning ordinance has been amended were not caused by the property owner or by a predecessor in title." (V AR97-0004) V AR06-00001 Remarks by Sandra Hudson 11/16/06 Page 7 of9 The Staff Report states, "The applicant's property is located in a part of the city where there is an evident shortage of both on and off-street parking. The property may be used to house up to 13 roomers yet provided only 2 off-street parking spaces. The applicants have made no provision to address the additional parking demands created by additional roomers. " (p3~la) 67. In 1997, the Board of Adjustment granted the current variance for 30 occupants for this building on the condition a shuttle be provided. 68. That service is now being provided by the City. The Downtown Shuttle comes within two blocks of the property. 69. There is also bus service. The 7th Avenue and Westport bus comes to the comer of E. College Street and Summit Street where the building is located. 70. The increased number of automobiles in the neighborhood has not been caused by past or present owners of the building. The automobile is a societal problem 71. The increased number of automobiles in the neighborhood is primarily the result of a) Increased use of automobiles since 1924, especially in the past 30 years, b) Increased number of automobiles due to the increase in the number of dwelling units that are the result of single-family conversions to multiple-unit dwellings, and the construction of apartment buildings. 72. We have shown that 932 E College Street has maintained its original form and function since it was built in 1924, and therefore is far less of a contributing factor to the parking problem than the majority of its neighbors. 73. This large building with its small lot pre-dated all zoning and the preponderance of automobiles. It is physically impossible to retroactively meet current codes. 74. The neighborhood has not enacted all the collective options available to address the parking problem We mention two, not for debate, but to illustrate there are at least two more equitable ways to solve the problem: a) Resident stickers for cars belonging to residents of the neighborhood, with temporary dashboard permits for guests, b) Selected streets made one-way, allowing parking on both sides of the street, thereby increasing the number of parking spaces available in the neighborhood. 75. The 19 members of the ill track team have only six cars. We do not assume that will necessarily be true in the future. 76. However, we believe an intentional community will be more likely to share automobiles, and therefore result in fewer automobiles than 13 independent residents. CLOSING 77. When we first looked at 932 E College Street, it was for the purpose of converting the building to condominiums. 78. We did not know at that time the building was in a Historic Conservation District. 79. We changed our minds when we discovered the building was exceptionally well designed as an intentional community residence and had been recently renovated. 80. We pointed out earlier that intentional community residences that have significant square footage devoted to communal area are no longer being built. 81. The numbers of exiting buildings of this type are rare and in this condition even rarer. V AR06-0000 1 Remarks by Sandra Hudson 11/16/06 Page 8 of9 82. We also discovered it was the home for members of the University ofIowa Track team. They are excellent stewards of the building. Those of you who attended their open house can attest to that. 83. They are goal setters and highly motivated to achieve in both sports and academics. We want to provide a living environment that will help them to be the best they can be. 84. This group of young men provides the neighborhood with an excellent opportunity to gain additional vitality. If they are welcomed as neighbors, those who remain in Iowa City following graduation may want to stay in the neighborhood and buy a multi-family home and return it to an owner-occupied single. 85. We have shown 13 occupants will result in the under-funding of932 E. College Street and place the building and the neighborhood on a downward spiral. 86. Tonight there is an opportunity to encourage stabilization for the neighborhood and the building, by supporting a variance for 20 occupants, and becoming pro-active to ensure the members of the VI track team want to remain as your long-term neighbors. 87. The community has been given a gift. It's time to say thank you, by providing a variance to create a healthy future for the building and the neighborhood. THANK YOu. V AR06-00001 Remarks by Sandra Hudson 11116/06 Page 9 of9 1 Re: 932 East College Street Summary prepared by Greg Downes SRPA, real estate appraiser Dated: 11/15/2006 At the direction of Attorney Mike Pugh and owner Rob Phipps I have been asked to quantify any affect on value to the property at 932 East College Street for a possible reduction from a maximum occupancy of 20 persons versus a maximum occupancy of 13 persons. ~he current rental permit lists the property as an owners apartment unit with 2 bedrooms and 13 rooms with a total occupancy of 30 persons. The permit is dated 12/21/2004 expiring 8/31/2006. The owner reports that the property has been inspected repairs, completed and reinspected. He is currently waiting for his permit. The property is currently leased under a master agreement to a group made up of members of the University of Iowa Track Team. Additionally there are individual agreements for 19 members to occupy the property. The leases are annual leases and vary slightly in rate but average approximately $372 monthly per person. The tenants pay all utilities. The landlord pays taxes, insurance, general repairs and inspections and maintenance on the fire alarm system. I have, in recent years appraised this property twice. Once when the remodeling was done in 1998. This appraisal was before the remodeling but subject to completion of the remodeling as per plans and specifications. At that time we reviewed the business plan. The concept was as a full service rooming facility with some meals and management living on site. The concept was new to the community and unproven at that time. It is my understanding that attracting clients was difficult and expenses proved to be too great for the limited demand. At the time the owner reported to me hata they purchased the existing property for $240,000 and spent approximately $410,000 remodeling and refurbishing the property. In 2005 I completed an appraisal for mortgage financing purposes for a prospective sale. This sale was not consummated and the property was put back on the market. The property has been listed for sale for $595,000. In my earlier report I tallied the property at 1 single room, 13 double rooms and one 2 bedroom apartment. In my opinion, double occupancy of the rooms is not probable. Few prospects will wish to share this space in my opinion. Most probable occupancy is 16 to 18 persons in my opinion. My financial analysis was based upon this in my appraisal report. I estimated gross income at approximately $79,000 and expenses without consideration of depreciation or debt service at $29,000. In my scenario the tenant assumed responsibility for all expenses outside of insurance and taxes. Since that time taxes have increased from $19,479 to $24,254. 2 The current monthly rent is $7,050 or $84,260 per year. After a normal discount for long term vacancy and credit loss of 5% the effective gross income is estimated at $80,370. I project the following stabilized expense estimates, Taxes at $24,254, Insurance $3,300, management and leasing expense at 6% or $4,822, minimal maintenance at $4,000 and alarm and fire system maintenance at $1,800. Additional charge for reserves for replacement of long term items such as heating plants, roofs, windows etc. is estimated at 2% or $1,608. The total expenses are therefore estimated at $39,784 and the net operating income is estimated at $40,586. Actual contract rent is slightly higher, at $84,600, than ,I projected at the time of my last appraisal but taxes are $5,000 higher as well. Capitalization rates in the market are estimated to be in the range of 8 to 8.5%. Using the formula of income divided by rate for direct capitalization the indicated value at 8% is $507,325. If one estimated a sale price of $525,000 with a 75% loan at 7.25% for 20 years the mortgage amount would be $393,750 and the down payment would be $131,250. The monthly payment would be $3,112.11 or $37,345 annually. The cash on cash return on the down payment is $3,241 or 2.47% annually. Additional benefits would be depreciation for tax purposes and principle reduction on the mortgage. Possible appreciation in value is another anticipated but not guaranteed benefit. What happens if the occupancy is reduced to 13 roomers. The current average occupant pays about $375. After pondering the question I believe the current rent is reflective of market rent for the property. While one would believe that reducing the occupancy may create higher per occupant rent I don't believe that will be the case. The expenses, namely utilities will not vary considerably with the load. Water may, to a small extent, be less but heated space does not change and lighting expense on the unused space would not be significant in my opinion. The higher expense load per person will offset the potential for increased rent from lower occupancy. Assuming 13 persons occupy the property and pay on the average $375 per person. The gross potential income is $4,875 per month or $58,500 per year. Effective gross income after vacancy and credit loss is estimated at $55,575. Assuming we can get the assessed value reduced 35% to $428,000 the taxes would go down to $16,300 at current millage rates. This is difficult to predict but is possible in my opinion. The insurance will not change since it is based upon replacement cost. I will reduce the maintenance and reserve charge since they are percentage based. The alarm and fire system expense is not variable in my opinion. The expenses are Taxes $16,300, insurance $3,300, management at 5% or $2,779, alarm system at $1,800 and reserves for replacement at 2% or 3 $1 ,115. The operating expenses are estimated at $25,294 and the net operating income is estimated at $30,281. Using the 8% overall capitalization rate we did in the example above the estimated value is $378,512 (occupancy limited to 13 persons). If one estimated the value at $380,000 and assumed a 75% loan to value ratio at 7.25% for a 20 year amortization the monthly payment would be $2,252.57 on a mortgage of $285,000. The annual cash on cash return on the down payment would be $3,250 or 3.4% on $95,000. Reducing the occupancy in these examples reduces the estimated value from approximately $507,300 based upon current income to approximately $378,500 based upon occupancy of 13 persons. The reduction in value is $128,800 or slightly more than 25%. The valuation of rental properties is highly dependant upon the net income produced. I do not see any feasible alternate use of this property. It is too large and too expensive to heat and maintain to consider conversion to a single family dwelling. It is not financially feasible to convert this to a multiple family dwelling. The costs would be excessive in my opinion. There is no reasonable alternate use to the current use as a rooming house. I do not feel that the current permitted occupancy of 30 persons is realistic in the marketplace but a reduction to 13 from the current occupancy of 19 persons will materially affect the value and marketability of the property. A limit of 20 persons is a more reasonable cap from a practical and financial perspective. The property currently pays $24,254 in annual property taxes. This dwelling is treated as a commercial property for tax purposes and pays taxes on 99% of the assessed value. Residential properties are 1-2 family dwellings. Residential properties receive a rollback to approximately 46% of the assessed value. Without consideration of the homestead exemption a home of $175,000 assessed value would pay taxes of approximately $3,059 per year based upon a 46% rollback and current millage rates for Iowa City. A $200,000 house would pay taxes of approximately $3,500 with the same considerations. This property pays taxes equal to 7 or 8 single family residences. Fraternities and sororities are treated as residential properties. For comparison purposes I pulled the tax record for the Sigma Nu fraternity house at 630 N. Dubuque Street. It has an assessed value of $613,620, very similar to the subject property with an assessed value of $639,940. This property enjoys the residential rollback so the taxable value is $282,241 and the annual property taxes are $10,788 as compared to the taxes on 932 E. College Street at $24,254. The owners original investment of $650,000 exceeds the estimated value even if the occupancy is capped at 20 persons in my opinion. If occupancy is capped at 4 20 the value is estimated to be in the range of $520,000 to $540,000. If reduced to 13 the value drops to approximately $380,000 in my opinion. I have appraised many of fraternities and sororities in Iowa City in the course of my carreer, some multiple times. I am always amazed at the wear and tear these properties are subjected to. They generally receive very heavy use and new decor can look very dated in as little as a year. In 2005 I reinspected this property for my appraisal assignment at that time. I was pleasantly surprised that the interior was in much better condition than I was used to experiencing in my Greek House inspections. It was obvious that the level of care was good. QUALIFICATIONS OF THE APPRAISER Greg Downes SRP A Downes & Associates, Inc. 725 South Clinton Street Iowa City, Iowa 52240 For several years I have been engaged in the real estate appraisal field in Iowa City and the surrounding area. I have been actively involved in general real estate practice since 1973, with experience in residential, multifamily, vacant land, commercial and farm properties. Since 1975 I have done appraisal work on a fee basis. I have worked for lenders, builders, property owners, taxing authorities, municipalities, engineering companies and attorneys. I have testified in several district courts in eastern Iowa, Federal Court in Cedar Rapids and Davenport, and before assessor boards of review and several compensation panels in condemnation proceedings. I am a member of the Iowa City Area Association of Realtors, the Iowa Association of Realtors and the National Association of Realtors. I am also a member of the Appraisal Institute. In 2000 I served as the President of the Iowa City Area Association of Realtors. In 1994 I was the president of the Iowa Chapter of the Appraisal Institute. I currently serve the Appraisal Institute as the regional representative of the Iowa Chapter. I served on the appraisal committee for the Iowa Association of Realtors for approximately 10 years. In 1994 I was the recipient of the "Distinguished Service Award" of the Iowa City area Association of Realtors. I served on the Board of Directors ofthe Cedar Valley Chapter 146 of the Society of Real Estate Appraisers from 1983 through 1990. From 1982 through 1988 I served on the Iowa Board of Review with responsibility for equalizing tax assessments by raising or lowering individual assessments under appeal by taxpayers. I served as chairman of this board in 1986. I served on the Board of Directors of the Iowa City Jaycees and the Old Capital Kiwanis Club ofIowa City. I served as President of the Old Capital Kiwanis Club of Iowa City. I served as President of the Old Capital Kiwanis Club in 1988-89 (60 member service club). I have completed the following courses by the American Institute of Real Estate Appraisers: 1 A Fundamentals of Real Estate Appraisal IB Capitalization of Income Producing Properties VIII Appraisal of Residential Real Estate 2-1 Case Studies in Real Estate Valuation 2-2 Valuation Analysis and Report Writing 2-3 Standards of Professional Practice 3 Rural Valuation 6 Introduction to Investment Analysis I have completed the following exams by the society of Real Estate Appraisers: 20 I The Principles of Income Property Appraising 202 Applied Income Property Valuation In February of 1991 I attended the Appraisal Institute courses of Case Studies and Income Capitalization Part IB on an audit basis. In February of 1991 successfully completed the comprehensive examination for the MAl designation awarded by the Appraisal Institute. In April of 1991 I attended seminars by the Appraisal Institute for State Licensed and State Certified Appraisal Review. In November of 1991 I successfully completed the examination and complied with the requirements of the Iowa Real Estate Appraiser Examining Board as a Certified General Real Estate Appraiser. I am currently certified under the continuing education requirements of the Appraisal Institute through 2005. I have been involved as a developer in the subdivision of a small tract of land construction of a number of duplexes. I have acted as the general contractor on the construction of single family residences, duplexes, apartments and commercial buildings. I am actively involved in management of a portfolio of apartments and commercial suites. I live on and operate a farm consisting of row crop and beef production. In an effort to be well informed and abreast of the real estate industry I have attended the following seminars related to real estate appraisal: 9/84 Federal Income Tax and Real Estate 4/85 Regulation 41 B, Standards for Appraisal for the Federal Bd. 7/85 Evaluation residential Construction 3/86 Highest and Best Use 3/86 Evaluation Leasehold Estates 3/86 Hotel and Motel Valuation 3/86 Real Estate Risk Analysis 3/86 Regulation 41B FHLBB 3/86 Estimating Cash Equivalency 12/87 Cash Equivalency Home Loan Bank 1/88 Standards of Professional Practice Update 5/88 Leasehold and Leased Fee Estates 9/92 Appraising the Tough Ones 11/92 Economic Trends and Forecasts 2/93 Environmental Management in real Estate Transactions 5/93 Federal Housing Administration valuation Training 5/93 Marshall and Swift Commercial Cost Seminar 6/93 Maximizing the Value of an Appraisal Practice 6/93 Discounted Cash Flow Analysis 7/93 Current Standards of Professional Practice 7/93 Americans with Disabilities Act 9/93 Reviewing Appraisals 11/93 ADA Seminar and Workshop 2/94 Appraising from Blueprints 7/94 International Valuations and Investing 9/94 Standards of Professional Practice Parts A & B 9/94 Rural Residence and Farmstead Appraisal 10/94 Professional Standards A & B 11/94 Economic Update and forecast 5/96 Fair Lending and the Appraiser 5/97 Small Hotel-Motel Appraisal 9/97 Internet and Appraising 10/97 Standards Part C 2/99 Current Real Estate Issues 10/99 The Business of Appraising 10/99 Appraising Local Retail Properties 2/00 USP AP Update 6/00 Residential Report Writing 8/00 Case Studies in Highest and Best Use 10/00 Regression Analysis in Appraisal Practice 11/00 Appraising Manufactured Housing 3/01 Appraising Atypical Properties 4/01 Attacking and Defending an Appraisal in Litigation 9/01 Real Estate Disclosure 1 % 1 Standards of Prof., Practice Part C 11/01 GLB Act of 1999 and 4 Articles ofTAJ 12/01 Committee CE Credit-Regional 11/02 Economy Ethics 12/02 Committee CE Credit-Chapter Level 3/03 Land Valuation 5/03 USP AP Update 6/03 Appraisal Consulting 9/03 Rates and Ratios 11/03 Property Tax-Forms 11/03 Mark to Market 10/03 Argus 9/04 Real Estate Finance, Value and Investment 11104 Current Issues and Misconceptions RENTAL PERMIT City of Iowa City I J ~s::..!.;B t~.'."'.j!ii . .... ~..... &.. ~C,!, ore ~c\ Permit # : REN00496 Permit Issued On : 12/21/2004 Permit Valid Through: 08/31/2006 Premises Address: 932 COLLEGE ST Owner Information: LEIGHTON HOUSE L C 932 COLLEGE ST IOWA CITY, IA 52240 Phone 1 : 337-2020 x1 Phone 2: 631-2618 (M) Type/Use of Structure: 13 Rooming Unites) 1 Dwelling Unites) CAUTION: This Permit certifies that this structure was in compliance with the requirements of Section 14-5E-19 of the Iowa City Housing Code at time of issuance. This does not imply that the property is in compliance with the Iowa City Zoning ordinance, State of Iowa Fire Code, or current Building Codes. Unit Specific Information: I Unit # II Accessible II Bedrooms I Max. Unrelated Occupancy I OWNER II N II 2 II I I RU'S II N II 13 II 30 I Data current as of: 11/16/2006 " <I"l!'!:!!! Welcome to Housing & Inspection Services Online Services Home Status Parcel Comment Apply Help View Case Status The information below summarizes the case you selected. INFORMATION ON CASE REN00496 Status : Name: Address: Application Date: Parcel: B (click for Status definition) LEIGHTON HOUSE L C 932 COLLEGE ST (click for map) 11/17/1995 1010480014 Description: Three story wood frame structure with brick veneer containing 13 rooming units and one dwelling unit. Basement has kitchen, dining room, exercise room, mechanical room, laundry/Vending room, office/maintenance room and a bath. Main floor has (click for parcel details)common living room and a two bedroom dwelling unit. Second floor has seven rooming units, one small bath and one large bath. Third floor has six rooming units, one small bath, one large bath and a computer room. Staff: JGS Notes: ACTIVITIES (F) Send renewal letter Status: DONE Date: Licensing inspection Staff: ARA Status: FAIL Date: 8/28/2000 Notes: Conducted inspection w/ John Phipps and all violations have been noted. Notice of Violation sent Staff: ARA Status: Date : Notes: Sent letter regular mail to Leighton House L C c/o John Phipps. Re-inspection Staff: ARA Status: XTND Date: 10/5/2000 Notes: 30 day Went to property for reinspection and no one showed. Re-inspection Staff: ARA Status: XTND Date :'11/7/2000 Notes: 45 day Went to property for reinspection and owner did not show and work was not completed. Will extend 30 days from original reinspection date. Staff: ARA Re-inspection Status: XTND Date : 11/20/2000 Notes: final reinspection Conducted reinspection and some violations remain. 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All violations corrected. Waiting for test and maintenance form report to be ok'ed from Roger Jensen. Miscellaneous action Staff: NBC Status: DONE Date: Notes: Received fire alarm certification/released by fire dept. Staff: NBC Notes: Release rental permit Status : Date: (F) Reprint permit application Staff: KLJ Status: DONE Date: Notes: Resent rental application with 10 day notice to pay. Staff: KLJ Notes : (F) Renew permit Status: DONE Date: Telephone call Staff: NBC Status: DONE Date: Notes: Hillary Sale wanted to state for the record that when the City High girls xcountry team ran past 932 College St, men outside the building were overheard asking the girls to come back later that night to a fraternity party they were having there. Telephone call Staff: J B Status: Date : Notes: Neighbor reported that Frat Boys from the Leighton House were driving down Summit Street with one person on the hood of the car. She reported to the police who were unable to take any action because of the lack of identification of car or persons. Staff: JGS Notes: (F) Send renewal letter S~~s:DONE Da~: Licensing inspection Staff: RES Status: FAIL Notes: Inspected with Sharon Jeter. Violations noted. Date: 8/26/2004 Notice of Violation sent Staff: RES Status: DONE Notes: USPS to The Leighton House. Date: Staff: RES Re-inspection Status : PASS Date: 10/8/2004 Notes: All violations corrected. Staff: RES Miscellaneous action Status: DONE Date: Notes: Received Fire Alarm inspection and testing form. Release rental permit Staff: RES Status: DONE Date: Notes: (F) Renew permit Staff: JGS Status: DONE Date: Notes: (F) Send renewal letter Staff: SSD Status: DONE Date: Notes: Licensing inspection Staff: ARA Status: FAIL Date: 9/5/2006 Notes: Conducted inspection w/ Rob Phipps and violations noted were the need for a fire extinguisher in the kitchen, holes in wall and ceiling in mechanical room, emergency light inoperable in landing of front stairway, all unit doors need to be self latching, door knob loose on entry door to unit #201, extension cords in use in units 200 & 301 and need fire alarm system needs to tested & cert. Notice of Violation sent Staff: GAK Status: Date : Notes: FIRE SAFETY inspection letter sent to Mike Posnick, Mike Jacobs, and Jeremy Melnick. Re-inspection Staff: GAK Status : Notes: "Proposal" letter submittal date. Date: 2/11/1992 Meeting Staff: GAK Status : Date : Notes: Mike Posnick met with Andy Rocca and myself concerning the FIRE SAFETY NOTICE OF VIOLATION issued for Sigma Alpha Mu. We discussed details of the letter and implementation. Miscellaneous action Staff: GAK Status: Date : Notes: Sent letter dated 4-21-92 to Mike Posnick regarding the removal of the exterior fire escape unit. Correspondence Staff: GAK Status: Date : Notes: Letter dated 6-15-92 sent to Mike Posnick about submitting a "proposal" for correction of FIRE SAFETY violations. Meeting Staff: GAK Status: Date : Notes: Met with Bob Statlander at the property to discuss the FIRE SAFETY letter. Some minor progress has been made but Bob is primarily cleaning and repairing. Telephone call Staff: GAK Status: Date : Notes: Called Mike Posnick today to discuss the fact that the alarm system is inoperable at the Sammy House. We also discussed the FIRE SAFETY letter. He said the alarm would be repaired promptly. Telephone call Staff: GAK Status : Date : Notes: Called Mike Posnick today about the alarm system and the solution for lack of smoke detectors on the second and third floor corridors. Emergency order issued Staff: GAK Status: FAIL Date: 10/13/1992 Notes: Responding to complaint from neighbor about trash visited the property and verified trash problem. Issued Order to Correct to Jeremy Melnick to clean-up mess. Will call Bob Statlander and Mike Posnick. Took photos. Went to property today, some trash remains. Took photos and called Bob Stadtlander today. Emergency order issued Staff: GAK Status: PASS Date: 10/13/1992 Notes: Issued Order to Correct to Jeremy Melnick to repair dumpster enclosure and adjacent landscaping. Took photos. Will call Bob Statlander and Mike Posnick. Dumpster enclosure has been repaired, trash has been picked up. Staff: JS Notes : (F) Send renewal letter Status: Date: 10/30/1992 Licensing inspection Staff: SF Status: FAIL Date: 10/30/1992 Notes: Conducted inspection with Jeremy Melnick and Dale Miller. Cited violations on 60 day notice sent tape to D.S. Change expiration/status Staff: JS Status: Date: Notes: The inspection year was changed on this due to switching months around on fraternities, trying to equal out the number done in a month. Done per Gary Klinefelter request. Re-inspection Staff: SF Status: XTND Date: 12/2/1992 Notes: 60 day notice due. Conducted inspection with Greg King. Most violations are corrected. Extend 15 days to complete interior repairs. Notice of Violation sent Staff: SF Status: Date : Notes: Delivered 60 day notice to Jeremy Melnick. Re-inspection Staff: SF Status: XTND Date: 2/4/1993 Notes: 15 day notice due. Conducted inspection with Sean Uhrich. Some violations are corrected. Extend notice until Friday, Feb.19, 1993. Re-inspection Staff: SF Status: XTND Date: 2/18/1993 Notes: Inspection due for interior. Interior inspection completed with Greg King. Bob Standtlander is preparing letter of extension on fire doors,winsows and fire escape. Meeting Staff: SF Status: Date: Notes: Met with Bob Statlander. Discussed current violations still remaining on violation list. Requested that he write a letter of extension on Fire door hardware,removal of existing fire escape and windows. He said Mike Posnick would write letter concerning time. Need request in by March 12,1993. Telephone call Staff: GAK Status: Date : Notes: Received a call from Sam Einhorn (parent rep.) concerning the lack of progress in correcting FIRE SAFETY deficiencies. I FAXED him a copy of the violation letter (708-761-6166). Frat/Soro-Fire Safety Insp Staff: GAK Status: FAIL Date: Notes: Inspected with Jason Goldberg today. Numerous violations noted. FIRE SAFETY deficiencies noted from inspection november 13,1991 not corrected yet. Took Dept Director Doug Boothroy for a look at the "house". I can't think of any reason to not initiate legal action. This place is barely habitable. Correspondence Staff: GAK Status: Date : Notes: FAXED letter dated 12-15-93 to Mike Posnick and Sam Einhorn concerning correction of FIRE SAFETY deficiencies. Copies also to Andy Rocca and Jason Goldberg. Notice of Violation sent Staff: GAK Status: Date : Notes: Letter sent to Mike Posnick, Bob Stadtlander, Jim Gordon, Jason Goldberg, and FAXED to Sam Einhorn. ". Re-inspection Staff: GAK Status: FAIL Date: 12/20/1993 Notes: 30 day reinspection due. Reinspected today with Jason Goldberg, very few violations corrected. Fire alarm system is inoperable. Trash is such a mess that I issued a citation (00930). Met with contractor Lee Eno, he is to begin work next Tuesday. Spoke to Bill Freeman from Freeman Alarm and he is going to do the fire alarm inspection Tuesday. This property has serious problems. Complaint/Request inspection Staff: JB Status: FAIL Date: 5/3/1994 Notes: Complaint that trash enclosure doors are off the hinges. South door completely off - North door not secure. Emergency order issued Staff: J B Status: F AI L Date : 5/4/1994 Notes: Trash enclosure doors in disrepair. Trash enclosure doors not repaired, there is also trash on the ground. CITATION #0954 ISSUED TO SIGMA ALPHA MU FOR GARBAGE ENCLOSURE IN DISREPAIR. Telephone call Staff: J B Status: Date : Notes: Mr. Posnick ask why we gave no warning. I explained about the warnings and about the chronic nature of this problem. TWICE! He kept asking. I said that if he would make his request in writing I would respond the same and there would be no further misunderstanding. He said have a nice day in court because none of them were going to be there. He will "contact city authorities". Correspondence Staff: J B Status : Date : Notes: Rec'd fax from Mike Posnick requesting information about the warnings and the citation for the garbage enclosure. Telephone call Staff: GAK Status : Date : Notes: Called Mike Posnick today told him that after reviewing the property history and discussing this matter with Andy Rocca and Doug Boothroy we were disinclined to back off of the threat to vacate the building after Aug. 8, 1994. Licensing inspection Staff: GAK Status: FAIL Date: 9/28/1994 Notes: John Bovey and I inspected with Jason Goldberg (Pres. Sigma Alpha Mu), violations noted (numerous). Work is in progress to replace all doors. Fire alarm system inoperable, numerous electrical deficiencies, numerous other maintenance and fire safety deficiencies. Change expiration/status Staff: JS Status: Date: Notes: I HAD TO CHANGE THE EXPIRATION DATE ON THIS PROPRTY TO BRING IT UP FOR THE 1994 LICENSING INSPECTION. Staff: JS Notes: (F) Send renewal letter Status: Date : 9/28/1994 Notice of Violation sent Staff: GAK Status : Date : Notes: Letter sent to Mike Posnick. Re-inspection Staff: JB Status: FAIL Date: 11/18/1994 Notes: Compliance with Court Order met today? NO! Complaint/Request inspection Staff: GAK Status: FAIL Date: 12/8/1994 Notes: Went to the property wint Paul Bowers at the request of Acme Electric and met Dan Voss (electrician). We observed several defeciencies to the electrical system which were noted. Correspondence Staff: GAK Status: Date : Notes: Letter signed by Paul Bowers was sent to Michael Posnick regarding the need to replace the electrical service. Copies were also made available to Lee Eno, Mary Peterson, Jason Goldberg, and Acme Electric. Correspondence Staff: GAK Status : Date : Notes: Sent letter to Mike Posnick in response to a meeting 3-10-92. Letter suggested a priority list for correcting fire safety deficiencies. Meeting Staff: GAK Status: Date: Notes: John Bovey and f met with Lee Eno and Bob Kuncl (Acme Electic) to look at electrical deficiencies at the house yet to be completed. Exit signs, emergency lighting, fire alarm system, fire doors, and basement NW room egress window have been installed. Several electrical deficiencies remain in the second and third floor rooms. Re-inspection Staff: JB Status: FAIL Date: 2/15/1995 Notes: Reinspection w\ Lee Eno for his final - all items not complete, a punch list will follow. Staff: JB Notes: Punch list to Lee Eno Correspondence Status: Date: Re-inspection Staff: JB Status: FAIL Date: 2/16/1995 Notes: Reinspected w\Lee Eno, most items related to his work seem to be complete - Noticed that boiler was burning incorrectly (soot, orange flames) BREESE CO. called, they will replace boiler - combustion air will be completed at that time. Staff: JB Re-inspection Status : F AI L Date: 3/8/1995 Notes: Reinspected w\ Lee Eno - new boiler and combustion air are complete. The building was a mess insde and out. Correspondence Staff: J B Status : Date : Notes: Sammy.ltr re:Designated Agent & cleaning and painting us po to; Michael A. Levine corp. agent cc:Gamma Omicron House Corp., Michael Posnick, Sam Einhorn, James Gordon, Dan Orenstein, Mary Peterson. Staff: SRB Notes: With Kerry Bowen. Frat/Soro-Fire Safety Insp Status: FAIL Date: Staff: SRB Notes: usps Notice of Violation sent Status : Date : Re-inspection Staff: SRB Status: PASS Date: 12/15/1995 Notes: 1-24; With Kerry Bowen; need follow up on alarm form, key box. 4-25; ok. Citation Issued Staff: J B Status: Date : Notes: Citation #00748 -lack of valid rental permit. Re-inspection Staff: JB Status: FAIL Date: 6/5/1995 Notes: Reinspection w\ Kerry Bowen - no keys - no entry. Re-inspection Staff: JB Status: PASS Date: 6/9/1995 Notes: Reinspected w\ Kerry Bowen - substantially complete. Release rental permit Staff: JB Status: Date: Notes: All ok - check fees and reinspections. Designated Agent Staff: GAK Status : Date : Notes: Kerry Bowen has requested that she be removed as D.A. for Sigma Alpha Mu. Staff: JS Notes: (F) Renew permit Status: Date: Staff: GAK Notes : (F) Send renewal letter Status: Date : 8/26/1998 (F) Renew permit Staff: JS Status: Date: Notes: BUILDING FINAL PASSED PER DAVE CAMPBELL 12/2/98 - COMPLIANCE AND RENTAL PERMIT ISSUED. Item RENTAL PERMIT FEE * RENTAL PERMIT FEE * RENTAL PERMIT FEE * RENTAL PERMIT FEE.S RENTAL PERMIT FEE.S RENTAL PERMIT FEE * RENTAL PERMIT FEE.S FIRE SAFETY FEE FEES Fee Amount 434.00 395.00 280.25 256.00 200.00 198.00 198.00 40.00 Fee Remaining 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Title 10 CONDITIONS Tag Status What would you like to do next? Back to Search Help Top of Page Use this page to view the details of the selected case. · If your jurisdiction allows you to attach new files to a case, you can click Upload new document. · To pay fees for this case, click Pay Fees. · If your jurisdiction allows you to view parcel information as a map, click View GIS. Version: 3.5.1.20051221.03 Copyright @ 2005 by Accela, Inc. To comment on this page, send email to webmaster@iowa-city.org To whom it may concern, Hello, my name is Daniel Peoples and I am a resident of932 E. College St. This letter is in regards to the up coming meeting about our application for a variance. As a house we have tried to reach out to the neighborhood and in most cases have received the negative a negative response. We have gone out and tried to meet the neighbors but most were unwilling to even talk to us. Recently we held an open house so that the neighborhood could come and meet us and see our living situation. The neighborhood responded by not turning out. Personally I have herd many complaints from the neighborhood. One of there complaints is that we are fraternity like. Our house is far from that. Weare a group of guys who have similar life styles working together to have the best living situation possible. We do not have large parties or require are residents to perform idiotic acts to live here. Weare a group of responsible student athletes working towards athletic and Academic success. Also to make that claim that we refer to ourselves as "Fraternity like" would me that the neighbors have met us and that is not the case. Another claim that the neighborhood has made is that we are taking up to much parking. I personally find that claim false, because I drive almost daily, and never have trouble finding parking within one block of my residency. We have nineteen residents and six cars, two of which park in our driveway. There are other houses in our neighborhood that have more residents or close the same number of residents. The Alpha Phi house just down the street has a parking lot but I consistently see five to ten of there cars parked on the street. Most of our residents ride scooters or bikes, all of which are parked on our property. This situation has been very stressful to my housemates and me. We have caused no trouble in the neighborhood and have tried to be friendly, respectful neighbors. We our very happy with our living situation and it has had a positive effect on our growth as a team. This living situation helps us to hold each other accountable for what we need to accomplish and that is academic and athletic success. We our not normal college students, our lives do not revolve around going to the bars and throwing house parties. I feel like the neighborhood is judging us on past experience. This is not fair to us, we made every effort to become part of the neighborhood, but have not been given the chance to become part of the neighborhood. Thank you, ~~\ To Whom It May Concern: I request your immediate attention in regards to the variance applied for by the owner of the dwelling at 932 East College Street. As one of the 19 residents of this dwelling, I feel that it would be a great disservice to the neighborhood surrounding College and Summit Streets to deny a variance for us fine young adults to live there. As you may know, most of the residents of the 932 College Leighton House are members of the University of Iowa Track and Field team. As members of the team, our responsibilities stretch much further than those of a regular student at the University. As dedicated student- athletes, we have achieved the highest honors available to our sport- bids to the NCAA Championships- in three consecutive years. I tell you of our success not to ask for your congratulation, but rather your understanding. Without extreme dedication in both the classroom and on the roads, we would not have been successful over the last three years like we were. The dedication I speak of pertains, mostly, to the fact that we do not live the lives of regular college students. While 80 percent of the University oflowa is stumbling downtown on Friday and Saturday evenings, the residents of 932 East College are nowhere to be seen- they're either on the road representing the University (and city of Iowa City) at an athletic competition, or inside their beautiful house cramming for exams in majors ranging from accounting to medicine. If denied the opportunity to live in this neighborhood, the residents at our dwelling would be forced to split up all over Iowa City and it would be a travesty to see such an amazing house go empty because of some angry, spiteful residents of a few houses. The reasons presented as to why not to accept a variance at our residence are sketchy at best- we have tried our best to not only please the neighbors, but rather to go beyond and above their expectations as neighbors. They want nothing to do with us. If this small area is representative of the entire residency of Iowa City (which I believe, and hope, to be untrue) I would think twice about living here following the culmination of my education. I always pictured Iowa City as a great place to raise a family- but if residents who just want a place to live are treated with such blatant discrimination, what can I expect for my future family years down the road? The residents at 932 East College are not a nuisance to the community- rather, we have done our best to be an asset that makes this area of Iowa City a very desirable place to live. As a team, we have done numerous community service projects; ranging from building playground equipment for children to painting halfway-houses. We represent this community, this school, and this state the only way we know how- with pride and honor. Please look past the resident's obvious hatred and bias against college students and realize that, regardless of what they say, we are adults. We have hosted open houses to try and get to know our neighbors, only to be completely ignored. There is nothing else short of moving out that we can do to please them; so please, do not make us take that route. We will continue, regardless of the outcome of your upcoming recommendation, to be great neighbors and great citizens oflowa City. It would be a shame to make us go to other places within the city when you have a goldmine of amazing young men asking to be part of this small neighborhood. Thank you for your time, Michael Stout ~hcd.di;j- Dear Board of Adjustments, I am writing in regard to the pending variance revision of 932 East College Street. The Leighton House creates an atmosphere with opportunities that enhance its residents' pursuit of excellence in their academic and athletic pursuits. The current residents of the Leighton House are confident that they have lived in a manner that is in no way detrimental to the neighborhood and are confident that they will not waiver in continuing to do so. The Leighton House enables several members of the Iowa track and field team to live together. This enhances the team dynamics and makes transportation to practices much easier. Several residents have found the downstairs common area an excellent area for quite study. The opportunity to live with fellow student-athletes working toward academic and athletic success is a great opportunity that will increase our ability to contribute positively to the University. I also believe that our presence being construed a disturbance to the neighborhood seems unjust. The Leighton House is in an area with several apartments. I do not believe that the majority of the residents of the various apartments are waking up at 6 a.m. to practice. Nor are they making the many social sacrifices that student-athletes are forced to make to compete. While many typical college students spend their Thursday, Friday, and Saturday nights out late downtown or partying at their residence, student athletes spend many of these same nights on the road preparing for competition. If there is a concern that Leighton House residences will create inappropriate noise or behavior in the neighborhood, then there should be equal concern for the college-aged residents of the many apartments in the area. I also believe that the neighborhood has no right to restrict Rob Phips, in trying to become a successful landlord. This house was not created to have 13 residences in it. Under the current variance to make a financial gain as a landlord is almost impossible. The alternative residents for the Leighton House may not be as agreeable and accommodating as the current ones. Leighton House has housed Greek Life systems in the past. In which many more residents lived here. There are many other athletic teams at the University of Iowa who have much longer off seasons and would be much more tempted to indulge in disruptive activities. I have also heard of little if any receptive gestures by the neighborhood toward the Leighton House. Perhaps, the negative expectations of our inhabitance of the Leighton House have not provided an objective view on the situation. I believe that we have conducted ourselves in a way that is proof that we can be a positive contributor to this neighborhood and deserve the opportunity to receive a variance that will allow us to continue to live in an environment that will allow us to develop into successful men. Sincerely, Andrew Napier To Whom It May Concern: Let me begin with, living in this house has truly been a blessing to my teammates and I this past year. Not only has it provided a place to live but also a place to thrive. It has also been a blessing I know to the non-runners who live with us as it provides them with the same atmosphere. Living all together has been extremely helpful because of the similar lifestyles we all share as teammates. Everyday we are up around 6am and meeting our coach for our morning workouts. Not having to deal with noise from neighbors the night before has helped exponentially and the study environment has helped our team establish the highest team GP A on campus. In addition, all living together has provided us the ability to carpool together to the practice facility everyday. The environment in the house is amazing as we are able to have team dinners and really establish a team chemistry that is truly unique as described in the Daily Iowan's article on this house. It has also been a blessing I know, to the non-runners who live with us, as it provides them with the same atmosphere. Namely David Knowles who also has to be up early working for the hospital, going to school, and fulfilling his duty to the army before he is going to be deployed in Iraq this coming March. All of us on the team come from different parts of the country and different homes yet we come together and so I thought if we could come together we most surely could fit in with the neighborhood. Initially upon moving in I thought our team would really fit in well with the neighborhood. For reasons such as our atmospheres are very similar in that we do not want to be disturbed by a loud and wild house next door. Also, parking would not be an issue as only 6 of us have cars so open spaces would be easy to find around the house. As of this point, we have not had one noise violation or disturbance call and parking has not been a problem except on days when there are Iowa football games in which it is to be expected. Although, however respectful we have been and how hard we have tried to reach out to our neighbors we have only been given the cold shoulder. We have been yelled at by our neighbor John Morrison for things that we cannot control such as the time our garbage is picked up. It was truly astonishing though to see how the neighbors responded to us going around and knocking on their doors to invite them to our open house to get to know them better. Esther Baker stood in the glass doorway and would not even open her door to us to speak to us. Numerous instances occurred such as this one where they would look through their windows and not even open their doors to us. We have done nothing to warrant this behavior but reach out a kind hand to them. I find this extremely frustrating as I feel like we are not accepted for reasons we can not control. It has been extremely stressful as I now have to try to find a place to live among studying for my finals, and getting ready to compete in the biggest competition of the year for our team at nationals this coming Monday. I only ask that the petty neighborhood differences and politics with our past landlord whatever they may be, be put aside when making your decision and you look at our record as how respectable, polite, and how hard we have tried to reach out to the neighborhood. Sincerely, ~tJ~ Alex Webster To Whom It May Concern: I am writing to ask that you approve the new variance that has been proposed for 932 E College Street. As you probably know, the residents of the house are primarily part of the University of Iowa Track and Cross Country team and this house provides the team the unique opportunity to live together. I am one ofthe few that live in the house that are not a part of the team, this gives me an outside perspective on the many benefits that a housing opportunity like this provide to the team. During the seasons that Track and Cross Country runners compete in (which is almost the entire school year), the team pledges to be dry. The house at 932 E College Street allows the team to make sure that members are holding up to this agreement. Last year I also lived with some of the older Cross Country runners and they were always worried that the underclassmen were not living a lifestyle that is conducive to a college athlete. This year there is little in question, all of the runners in the house have held up their end of the agreement and I believe that this has helped spark a great season out of the team. It has come to my attention that some of the neighbors might be weary of the approval of the new variance, stating that we may be a nuisance to the neighborhood, and I find this very surprising considering that we live in an area that is comprised mostly of college apartments that are at times extremely loud. Since I moved in last August, I have not been aware of a single complaint from anyone in the neighborhood directed towards the house. I believe that most ofthe opposition that is being met has to do with people thinking that we are no different than a fraternity moving in next door, but this fear is extremely unwarranted. Last week we held an open house so that the neighborhood could come and see the house, talk to us about any issue they might have, and learn about the lifestyle that the tenants of the house take part in. Unfortunately, very few felt the need to attend. To me, this shows an unwillingness to even consider our entry to the neighborhood, a feeling that was most likely present well before we even moved in. I hope that you will strongly consider approving the variance for 932 E College Street. Members of the house have proven over the course of the fall semester that they are not a nuisance to the neighborhood, and I have no reason to think that this will ever change given that they are part of an athletic team that takes pride in a healthy and safe lifestyle. Thank you. Sincerely, ~~ ~~/.- Stephen Copek To whom it may concern, My name is Davis Linden and I may have the most understanding of our house's current situation. I have had several conversations and meetings with all sides involved. I would like to first state that there are neighbors that have been kind to us. Although it may seem like it not everyone in the neighborhood is against our living here. There have been a limited amount of houses in the neighborhood who have taken the time to talk with us and do support what we are trying to accomplish. With that said I would like to address the three biggest concerns that have been expressed to me time and time again from the neighbors. 1.) Parking - The issue of parking seems to be the biggest concern of the neighborhood. Several solutions have been brought up to which neither side can come to common ground. Currently we have 6 vehicles. We car pool almost everywhere that we go. Because the majority (16/19) of us are on the track team this is very convenient. Also we have 5 mopeds that we use in place of a car that would otherwise be parked on the street. The neighborhood has brought the issue up that there is an over crowding of the streets and that there are never any open spots to park. I would like to address this in two ways. First, there has been very few occasions, football Saturdays mostly, that we cannot find a place to park within one block in any direction. Second, if there are a limited number of places to park how can the street be overcrowded? Living so close to a major Big Ten university that recently had its largest ever freshman class it is to be expected that where there is a place to park some one will park there. 2.) Transportation - Personally this holds no barring to anyone living in the house. We never expected for there to be a van to transport us around campus. We have enough cars for us to get to class, practice and occasionally the grocery fUll. If it would please the neighbors we can park a rusty old van in our on site parking and never drive it. However that would add to the issue of on street parking. 3.) Live in management - This to me is a very hurtful argument. For the neighbors who have issues with us living here, who have not once made an effort to get to know us, who did not attend our open house, who have ignored my repeated attempts to answer any question about us, this is an invalid argument. How can we not manage our selves? Seven of us will be 21 by December 31 of this year. Everyone living in the house is above the age of 18. One of us has been called up to serve this country in Iraq in March. Sixteen of us are on the University of Iowa's Track and Field team. Who by the way has the highest GPA of male athletes on campus. One of us returned from China in August after representing our country in the Junior World Championships, where he placed fourth in the world. And one of use is an All-American in the 10,000 meter race. How can a group of young men who are being called up for active service, among the top athletes not in the nation but the world, and apart of a Big Ten athletics organization not find a way to govern themselves in a way that co-exists with the established neighborhood? We have an established house government with 3 positions that serve every function that we have come across. Weare currently organizing an advisory counsel to ease the concerns with this matter. A person from every age group, 20, 30, 40, 50, and 60 years of age will be compiled to meet with us and help the house with any and all matters that might arise. I have been very patient with the neighborhood and the issues that they have brought forth. I understand where they are coming from with prior groups that have lived here I would act the same way. However, the neighborhood has discriminated against us since we moved in. Very little effort has been given to getting to know us and how we can help the neighborhood. I believe that the stigma of us being a fraternity has scared some people. This is and should not be an issue. Weare not a fraternity in the literal since. Weare however a group of young men who share a common goal and purpose. We strive every day to accomplish our goals and dreams. We rely on our brothers to help us and support us. The neighbor's who have spoken out against us have repeated time and time again that they understand and believe we are a good group of men. And that it is not us they are fighting but the house. How can they not be fighting us? If we are such good neighbors who have not caused any problems then how are we a nuisance to the neighborhood? Personally I would want such "great neighbors" as we have been called to live next to me. Please give sincere effort in deciding on where the 19 men of 932 E. College Street will live not only next year but for the remaining part of this. It would be a tragedy for 6 of us to have to move out by December 31 st. This late in the year it would be impossible for adequate housing to be found. The unnecessary stress that this has caused is unexplainable. Sincerely, c;hCvv1 d Davis Linden To Whom It May Concern: My name is Andy Novak, one of the residents of 932 E. College St. I have been living here since the beginning of the semester and it has been a great experience. It has helped me make new friendships as well as strengthen others. Also, just about all of us are on the Iowa cross-country and track teams. It has been great to have teammates around whenever you need them. Also having the m~ority of the team all in one house has eased some of the stress for coaches about picking up guys on the weekends for meets and other things. Recently we have begun to try to get a variance for our house but the neighbors have been anything but pleasant about it. They refuse to believe that we can be civilized with 19 or more people living in our house but I have little reason to believe that we can't be. Weare not a fraternity but are being treated as one just because of the number of people in our house. Weare just a bunch of runners that keep to ourselves and that saw this as a good opportunity to strengthen friendships, bonds between teammates, and as a way to start a good tradition for future Iowa runners. Since living here we have had no noise complaints, tried to reach out to the neighbors by introducing ourselves and also recently held an open house for people to see our house and meet the people who live here, to which a total of 4 people showed up. We would all really appreciate it if you could take this into consideration when evaluating us for a variance. Thanks. Sincerely, Andy Novak Mail :: Inbox: house variance https://webmail.uiowa.edu/imp/message.php?actionID=print_ message.. Date: Thu, 16 Nov 200611 :32:36 -0600 [11:32:36 AM CST] From: bschlotz@blue.weeg.uiowa.edu To: davis-brown-linden@uiowa.edu Subject: house variance To whom it may concern: I find it difficult to fathom that the living accommodations of the 19 gentlemen residing at 932 East College Street are up for debate. It should not even be an issue especially when one considers the positive make-up of the group. The majority of the household participates on The University of Iowa track and field team and as part of being a Division I student athlete live by strict training and academic regimens that make it impossible to cause any trouble in the neighborhood. The whole idea behind the house in the first place was to create a positive environment for the team so they wouldn't have to deal with all the typical college antics that are seen so often downtown and in the dorms. In this sense, if it is a fraternity atmosphere that those who are trying to evict us are concerned about than they simply haven't taken the opportunity to see what we're all about. Unfortunately, the only occasions that we've been able to meet with these people is when they come knocking at our door to let us know that they want us gone because of circumstances that we have no control. In particular I'm referencing a situation in which a neighbor confronted me at about 7:00 am to blame the members of the house for the garbage men waking him up. Not only was the man inconsiderate, but he was also even more disturbingly unbudging and incomprehensible in his reasoning. Even after politely explaining to him that we have no control of the the trash pick up times, he still wouldn't deviate from his idea that it was still somehow our fault, and he left with the threat that he would make sure our variance didn't pass. Based off of this confrontation and after hearing some of the other arguments against our variance it seems that some had already made up their minds before we even moved in that they didn't want us here. I don't think these petty prejudices should prevent the members of 932 from having a place to lay their heads, especially when exams and the National Cross Country Meet are around the corner. Although it may appear that I'm simply venting my frustrations, (which is not completely misguided) I am more importantly trying to get our side of the of the situation heard, and I hope what I have to say is taken into account when deciding if we receive our variance. Sincerely, Blake Schlotzhauer 1 of 1 11/16/2006 3 :03 PM Hillary A. Sale 1016 East College Street Iowa City, Iowa 52240 November 15, 2006 Board of Adjustment Attn: Sarah Walz 410 E. Washington Street Iowa City, IA 52240 Dear Board Members: I write to oppose the variance request for the property at 932 E. College Street (known as the Leighton House) requesting an increase in the building's occupancy to 20 and in support of the staff recommendation against the request. I urge the Board to deny the variance application. I apologize for not appearing in person. Unfortunately, this meeting was scheduled for a date when I will be out of town. As many members of the Board will recall, the current owner of this property, the Leighton House LC, was granted a variance for 30 tenants in 1997. The Board that granted the variance in 1997 (the "1997 Variance") appropriate attached several conditions to it, including provisions 'requiring offsite parking and alternative transportation, residential supervision to be provided by the managing partners of ttie Leighton House, removal of the concrete basketball court, and others. The Leighton House has not complied with these provisions, and the neighborhood has suffered. Moreover, at one point, the Leighton House rented the facility to a fraternity - a use that is not allowed under the zoning code. It revised the plan only when forced to do so by the City. Presumably, the non-compliance issues account for the statement in the staff report that terms of the 1997 Variance have been "violated" so to speak, and, therefore, the variance is no longer valid. As a result, as I read the staff report, the current allowed occupancy in the building ,is 13, and the building is over-occupied. Thus, the application before you is for an increase in the allowed occupancy, not for a decrease. This is the second time in a year the Leighton House has attempted to sell the property to another potential owner with a variance proposal. In both cases, the Leighton House and the applicant have argued that because the Leighton House spent a substantial amount to renovate the facility, the neighborhood should "subsidize the investment" by accepting an increased occupancy request. The neighborhood is not responsible for the business decisions of the current owner and should not be held accountable for those of the applicant. Last year, the Board rejected the proposed variance because the applicant had not met the standards for a variance. This applicant has not done so either. Before granting a 1 variance request, the Board must make several findings, the first of which is that the variance would not be contrary to the public interest. To determine whether the variance meets this test, the Board must evaluate two things. First, the Board must determine whether the variance will threaten neighborhood integrity or have a substantially adverse affect on the use or value of other properties in the area adjacent to the property. This proposal fails to meet this test for several reasons. For example, the neighborhood was downzoned in 2000for stabilization purposes and to prevent overcrowding. Overcrowding strains public and private utilities. This neighborhood suffers from a shortage of parking. This property has only two, off-street parking spaces. The variance would both increase traffic and demand for parking. In addition, the proposed variance fails to contain provisions to protect the neighborhood or to mitigate its impact. When the Board granted the 1997 Variance, it relied on the applicant's promises to have on-site resident management, with the managing partners of the Leighton House as the designated managers. Presumably, the lack of qualifying on-site management is part of the reason that the City has determined that the Leighton House no longer qualifies for the 1997 Variance. More importantly, the on-site management provided by the Leighton House proponents was part of what persuaded the Board to grant the 1997 Variance. The 1997 applicants argued that their actual presence in the building would help to prevent problems in the neighborhood and would diminish the possibility of a threat to the neighborhood's integrity. Since the Leighton House managing partners moved out, the neighborhood has experienced problems with various tenants including, for example, tenants hollering at young women; tenants playing frisbee in the streets after midnight; and tenants parking on the lawn of the house. Second, the Board must find that the proposed variance will be in harmony with the general purpose and intent of the Zoning Chapter and will not contravene the objectives of the Comprehensive Plan. The application does not meet this test. This neighborhood has been rezoned to RNC-12 to protect and stabilize its character. Further, the City has repeatedly expressed its intention to stabilize both this neighborhood and the surrounding neighborhood. Allowing an increase in the roomers is inconsistent with both the City's overall goals and the specific stabilization zoning of this property.1 The result, increased roomers, is, simply, more noise, more congestion, and more parking problems. The final thing that the Board must find is unnecessary hardship. Under this test, the property is eligible for a variance if it cannot yield a reasonable return if used only for a purpose allowed in the zone where the property is located and if the owner's situation is unique or peculiar to the property in question, and the situation is not shared with other .Iandowners in the area nor due to general conditions in the neighborhood. The application does not meet this test. Although the application provides data to support a 20-roomer variance and financing for the applicant's proposal, there is no rnformation to indicate that a different plan with 13 roomers would not yield a reasonable return. In I The applicant asserts that the property was "involuntarily" downzoned. In fact, Leighton House LC members were present at City Hall during the hearings and did not speak. 2 fact, at the 2005 Board hearing, there was testimony from a potential purchaser of the property, indicating a willingness to buy the property and run it as a 13-person rooming house, with a reasonable rate of return. Further, when the Board approved the 1997 Variance, the members specifically indicated their skepticism that the Leighton House LC would be able to recoup its investment. The neighborhood should not have to subsidize what have turned out to be bad business decisions. Further, although the zoning laws may not allow Leighton House LC to sell the property for as much as it would like, the laws do not destroy the value of the property. Thus, the proposed variance is not necessary to prevent the effect of the zoning laws from being confiscatory. The testimony from the 2005 hearing indicates as much. And, this property does not warrant special privileges denied to other properties in the area, including, as noted in the staff report, other rooming houses with similar floor space, but fewer tenants. ' Finally, although the applicants and the team members who currently reside in the building appear to be reasonable, well-intentioned people, their decency does not justify granting the variance. First, both the applicants and the current tenants are temporary. The application, however, is for a permanent variance, which will, as discussed above, negatively impact the neighborhood and its stabilization. The neighbors should not have to wonder and worry whether the future owners or tenants will be the same or different, whether they will be respectful of the nature of the neighborhood or not. As noted above, the respect of various tenants has varied over the years. Both the current property owners and tenants in the neighborhood and those in the neighborhood in 1997 relied on the representations of the Leighton House LC that it would conduct itself in accord with a business plan designed to diminish any negative impacts on the neighborhood. It has not done so. Additionally, the neighbors have made new-ownership and continued ownership decisions based, in part, on the zoning of the neighborhood. The RNC-12 rezoning was specifically intended "to stabilize existing residential neighborhoods by preserving the predominantly single-family residential character of these neighborhoods and preventing existing multi-family uses in these neighborhoods from becoming nonconforming (Ord. 94-3608,2-1-1994)." Granting the variance will defeat both the reasonable expectations of the neighbors and the stabilization purposes of the zoning code. In sum, I respectfully urge the members of the Board of Adjustment to support the staff recommendation and to vote against the variance. Very truly yours, Hillary A. Sale 1016 East College Street Iowa City, Iowa 52240 3 November 14, 2006 Board of Adjustment Attn: Sarah Walz 410 E. Washington Street Iowa City, IA 52240 Dear Board Members and Ms. Walz: I am writing in regard to the request by John and Sandra Hudson for a variance in the density requirements for the property at 932 E. College Street (known as the Leighton House) in order to increase the building's occupancy 13 to 20. This is not an insignificant increase, and is in opposition to the Neighborhood Stabilization (RNS-12) zoning of this neighborhood. I support the staff finding that the application does not meet the tests for variances as put forth in the zoning ordinance, and urge the Board of Adjustment to deny the variance application. The current owner of the property was allowed a temporary variance to increase capacity in order to pay for the renovation of this building. Because of his poor investment decisions, he now wants to charge a higher price to sell the building in order to pay for the renovation of the building. This seems like double dipping. The current owner needs to lower his price so that prospective buyers will get mortgage approval for a maximum occupancy of 13 (current variance). It is not up to the neighborhood to pay for the current owner's profits or bad business decisions. In their application, the Hudsons present this as a "reduction" in density based on the variance granted to the current owner in 1997 allowing 30 occupants. However, given that: a) the 1997 variance does not convey with the property to a new owner; b) occupancy has never reached the maximum allowed under the 1997 variance; and c) the property is not being operated under the conditions of the 1997 variance and therefore the rights of that variance no longer exist, this request in reality represents an increase in density of more than 50%. The Hudsons and the University of Iowa Men's track team members who currently reside in the building seem like reasonable, upstanding people with good intentions. However, they are temporary, and the variance is a permanent one that will have a significant impact on the stabilization of the neighborhood. There is no guarantee that the next owners or the next tenants will be equally neighborhood-minded. In addition, while the Hudsons indicate they have every intention of being good landlords who will rent to reasonable tenants, they are also in this for profit. If they can't find those tenants and it is a choice between questionable tenants or not filling to capacity, they will likely choose the money. And, again, even if they do the right thing, the next landlords may not. This is a mixed-use neighborhood that is a historic district. We homeowners in the neighborhood do not want this turned into a non-owner-occupied dominant neighborhood. We decided to buy a house in this neighborhood in 2002 because we loved the house, wanted to live in a historic district, and we believed that the down zoning of this neighborhood in 2002 to RNC-12 would protect our investment. This rezoning was intended "to stabilize existing residential neighborhoods by preserving the predominantly single-family residential character of these neighborhoods and preventing existing multi-family uses in these neighborhoods from becoming nonconforming (Ord. 94-3608,2-1-1994)." We are committed to preserving the integrity of the neighborhood. Therefore, we are committed to not increasing the noise, number of people requiring on- site parking, increased disruption, traffic, etc., that goes with increased density and that will contribute to the destabilization of the neighborhood. As the owner of the home at 1022 E. College Street, I will be directly affected by these problems should the variance application be approved. Again, I strongly urge the Board of Adjustment to deny the variance application. ' Thank you for your consideration. Sincerely, Michelle L. Campo 1022 E. College Street Iowa City, IA 52240 Sarah Walz Planning and Zoning City of Iowa City Iowa City, IA 52240 Dear Ms Walz, I am writing to express my opposition to the request by the prospective buyers of Leighton House to increase the number of residents. My concern is that this increase will exacerbate the considerable parking problems our neighborhood already deals with. It has become quite common for people to park their cars on lawns, or blocking sidewalks at the ends of the street. There is also someone who works for a cab company who parks cabs and sometimes a limo on College or Washington streets. I know this is legal, but when students have to compete with a business for parking places, in addition to landlords in the neighborhood who don't provide enough parking for the number of tenants. . . it all adds up. This neighborhood cannot hold any more cars! After it snows, or when parking spots are reserved for public events like the Homecoming Parade or tree trimming by the power company, many students have a very difficult time finding alternative parking spots. The alleys are just as crowded. It is very bad on weekends when cars are allowed to park on both sides of the street. Visibility is terrible at the College/Summit intersection (don't even think about removing the calming circle, it works very well) and at several other intersections in the neighborhood because people try to squeeze in too many cars. I enjoy living in a mixed neighborhood, but we simply have no room for any more cars. Christine Walters 1033 E. Washington St. Iowa City, IA 52240 Dear Members of the Board of Adjustment, I write to you in the matter of the variance application for the building located at 932 E. College Street (V AR06-00001). I am unable to appear before you today, prevented by a busy schedule. My interest in this application may not be readily apparent, so I will disclose it immediately. I lived on the east side of Iowa City for 18 years. From March, 2005 to March, 2006 I also represented The University of Iowa student body as the President of The University of Iowa Student Government. Because of my intimate relationship with the Iowa City community and UI students I spent a lot of time studying and working on community-student issues. I was made aware of the variance application by applicants John and Sandra Hudson, whom I have known for a number of years. Since that time I have met with the applicants, the current occupants (members of the UI Track Team), and various neighbors. I have read the application and the staff report, and toured the building. I hope that you will consider my views on the matter as you deliberate over the application. I will start by addressing the general situation, discuss the concerns expressed by some neighbors and those present within the staff report, and will conclude with a few thoughts. The primary issue raised by the staff report and neighbors is one of parking. Parking in Iowa City is a serious issue, as anyone-who-Ieaves-their-downtown-meter-empty-for-ten-minutes' pocketbook can attest. I argue that denying the variance could actually increase the parking problems in the neighborhood. The other concern expressed most often is the potential for disorderly conduct by future occupants of the building. I argue that denying the variance will make such conduct more likely, not less. The current tenants, organized members of the UI Track Team, have been described as exemplary. No problems or complaints have been associated with them. As one neighbor put it, "If all occupants were like them, we wouldn't have a problem." I believe that students can be model members ofthe residential community in Iowa City. One great way to move us in that direction is through organized, intentional communities with active involvement from the owners. That is exactly what will happen if you grant this variance. It could easily become a model of what an engaged group living in the community can be. To deny the variance application means to end the occupancy ofthe building by these responsible students, and prevent ownership by a couple that intends to continue the tradition started by the UI Track Team. PARKING Ofthe 19 team members in the building only six possess vehicles. Thus they can hardly b~ considered to be a serious strain on parking in the area. Should the variance be denied, and the students ousted, the building will most likely be utilized by individuals rather than an intentional community. This could easily lead to an increase in the number of vehicles in the neighborhood, despite the lower occupancy, as a higher percentage of individuals would likely possess more vehicles. Occupancy numbers don't tell a parking story very well. You must examine the facts. .....-.~ FUTURE OCCUPANTS I know that these students, model members of the UI Track Team, would like to continue occupying this space. I have also known John and Sandra Hudson for years. I know their opinions in regard to student engagement in a residential community. They intend to continue the tradition started by these students and maintain responsible, intentional communities in the building. They will succeed at that, as they have in so many of their endeavors. If you deny the variance, these responsible students will be forced to vacate and the Hudsons' will not be the owners ofthe building. Another owner, forced to make tougher decisions about lower profits due to the lower occupancy, will not consider the occupants of the building as carefully. By granting the variance you ensure that an intentional community, which has the accolades of many neighbors, remains in place at the building and transfer ownership to a couple that will continue that tradition. I would like to reiterate that it is possible for students and the community to each benefit from increasing positive interaction. The members of the UI Track Team and many of their neighbors have gained from this application already, by meeting each other and hearing various points of view. Unfortunately I feel that these younger members of our community are sometimes denied that fair hearing. At a neighborhood gathering earlier this week to discuss the variance application, to which a representative of the Track Team was given an invitation, they were asked to leave before the meeting and prevented from discussing the issues at stake. I fear that some members of our community automatically discriminate against the youthful nature and reputation of students in general, without considering the real facts of the group and owners before you today. This is a group that has been described by neighbors as 'exemplary', with a low ratio of vehicles to occupants alleviating part of the parking problem in Iowa City. They are owners that will continue a tradition of responsible, intentional communities in this building, a tradition started by members of the UI Track Team. I hope you give these community members a fair hearing in deliberating over the variance application today. I hope you grant them that variance and move this community forward together. Sincerely, Mark Kresowik President, University of Iowa Student Government 2005-2006 2 Crestwood Circle Iowa City, IA 52245 319-621-7393 ECKHARDT ~ ~1<. ~ RESEARCH 514 N. LiNN STREET U IOWA CITY, IOWA 52245 U 319-338-3386 November 16, 2006 To the Board of Adjustment, City of Iowa City Fax # 356-5217 Dear Members, John and Sandra Hudson would like to purchase the property at 932 E. College Street and need your help to do so. This property was granted a temporary zoning adjustment in 1997 to allow a resident density of 30 persons. This was thought necessary by the purchasers, Leighton House L. C., to make their use of the property financially feasible. I was a member of the Board of Adjustment at that time, and what I and other members of the board wanted was to preserve this historic building and to keep it from becoming a run down rooming house. Our hopes have been realized as indicated by the fine condition of the building today. The variance for 932 E College Street in 1997 was applied only to the Leighton House L. C. and did not run with the land. I did not foresee, and I do not think any of the members of the Board of Adjustment foresaw, that a variance applied to only one property owner might lead to problems in the future. If the property is sold, the current zoning requirements for density will apply. This low density of thirteen people can not come near to providing the amount of income needed to justify the investment in a property assessed at $639,940 and maintain its structure and integrity. The present owner is having trouble finding a buyer for the property because of this problem. College Hill House is not a house, but a building constructed for group living. It has 8752 square feet of living space. An attempt to remodel the building into apartments would not only be very expensive, but it would go against one of the Secretary of the Interior's Standards for Historic Preservation, to preserve the original property use. While the lowering of residential density is usually associated with an improved neighborhood environment, it is ironic that in this case, a higher density would benefit this building and this neighborhood more than a lower one. In my opinion the city, the neighborhood and Historic Preservation would best be served by granting the zoning variance request to increase the building density from 13 to 20 persons. Sincerely, Patricia Eckhardt, Ph.D., Architectural Historian Board of Adjustment September 10, 1997 Page 19 their willingness, she would urge that it be included as a condition if the Board finds itself inclined to grant any variance. ~ Sale said the most important condition to her is the condition to which Mr. Phipps is opposed. She said she actually read the staff .r~commendation differently than she thought he did, so she might not be clear on how that condition would operate. Sale said she understood from Mr. Phipps a concer~ that he would never be able to transfer title to the property without losing the variance. She said she read the staff recommendation to say that the variance would be granted to a ~orporation, Leight?~ House. Sale said it is not that no one else.could ever own that property, it is Just that the conditions have to go with the property. She said that would mean that if the corporation changes hands, but the corporation operates consistent with this business plan, there would not be a problem with the variance, and there would only be a problem if the plan changed. Sale said the assumption would be that the variance was being granted because there was an understanding about the use for the property. She said she felt very strongly about that. Sale said she would hate to see a variance granted, and if the Phipps were unfortunate enough not to be able to make a go of it in a few years, to have them be able to sell the property to someone who wants to do something else with the property and who gets the benefit a variance which was granted for another purpose. Sale said she does not oppose the purpose at all. She said she had not spoken to anyone who thinks the concept is a bad idea, but it is the practice of the idea she is concerned about. Sale said that because of the way it is written, she feels she has to stand up on the opposition side. Sale said she is not a businessperson, but she did attempt to interpret the business plan and raised concerns for herself similar to. those Brandt has raised, which are whether or not they could make a go of it and receive a reasonable return with fewer people. Sale said as she understood the law, that is one of the applicants' obligations, and it is not clear to her that they could not in fact make a reasonable return with fewer residents, which would solve, in part, a parking problem and also decrease the proposed density. She said she understood the 8-10% rate of return number from this report to come from what is apparently the average rate of return that people received when they buy property and use it for rental or other purposes. Sale said it actually did not sound to her to be unreasonable. Sale said she would urge the Board, if it was going to consider granting the variance, to condition that variance on the specific use of this property so the neighbors do not get sandbagged down the road if something else happens. She said the condition that is of most concern to her is the one that limits the possible use of this property to this business plan, which requires the managers to live in-house and allows them to run certain special programs that seem as if they would be excellent programs. Brandt asked Holecek what the intent was of the condition regarding transfer of the corporation as opposed to individuals. Holecek said she believed it read that it is a corporation that operat~s pursuant to the business plan as it has been outlined. She said you can have changes In individuals who are members of a corporation, but as long as the corporation is the entity that owns that property, you are still going to have consistency. Holecek said she believes that is the intent of this condition. Meg Baron. 115 South Summit, said she owns the property right in back of the house in question at 117 South Summit and also owns the house she lives in at 115 South Summit. She said the parking is awful there. Baron said she is not really objecting to the Phipps' plan, she thinks it is a good plan. She said something has to be done with this property. She added that it is a big place and is standing vacant and getting nothing but worse. Baron said she is concerned about having Board of Adjustment September 10, 1997 Page 18 H~user said one of the things he thought needed to be addressed is the concept the Phipps are trying ~o do. They are not trying to make it into an apartment house or an unsupervised area, but are trying to preserve the building and put it back to what it was originally built for. Houser said the property co~ld be made into a four-plex without anyone doing anything special to it. He said they could leave It dumpy; they can do whatever they want to make it into a four-plex right now. Houser said the Phipps are trying to restore it and all they have to do is stay within the boundaries of the insid~ of the building. He said if they don't change the building, they do not have to meet parking reqUirements - they can have 20 people plus 20-something who are also going to live there, but may not be on a lease, such as a boyfriend or girlfriend or whatever, if it is a student-oriented place. Houser said he had been around the fraternity for pretty much the last year. He said there is an apartment house across the way. Houser said the biggest complaint of the people that owned the House that the Phipps tried to buy next door was the basketball court noise, due to apartment people coming over and playing on it. He said the neighbor had less problems in regard to the fraternity being there than she did with the apartment, because at least it was more supervised. Houser said if you get into a situation that goes into 20 unsupervised people, you are probably going to have a lot more chaos. He said he owns a number of rental properties in both Iowa City and Coralville, and when you are not there, there is no way to gov~rn it. Houser said he might get a call at midnight about a party or something, and all he can do is call the police and have them come three or four times. He said at least if you are there and you have rules and regulations, you have a lot better control over the situation. Houser said right now the building is not under any jurisdiction of historic preservation. He said if the Phipps agree to go to that, it would be good, but right now it is not part of that. Houser said there are a lot of fraternities, some of which are growing and some of which are dying, and there are going to be a lot of these issues in regard to buildings around town. He said this happened on Dubuque Street and some of the other fraternities have been restored over by Hancher. Houser said we ought to look at what they are trying to do in saving a building instead of having it tom down or converted into a four-plex. Hillary Sale. 1016 East College Street, said that although she was speaking in opposition, she was speaking in opposition to the proposal the way it exists. She said she actually finds the staff recommendations fairly acceptable, but she would be opposed to the granting of this variance if there were not conditions placed on it. Sale said she would oppose that for a variety of reasons. Sale said she was concerned about the parking problem, not just because of the number of residents who would be living in this house under the proposed variance, but also because of the staff and the Phipps themselves. Sale said she is concerned not just about parking, but also the number of people who would be added to the neighborhood. She said she did not live in the neighborhood when the fraternity house was occupied, but she thought 30 new people in the neighborhood is a lot of new people in what is already a crowded neighborhood. She said she appreciated the Phipps' attempts to come up with some parking solutions and suggested that it is not inappropriate to condition any variance on actual parking solutions: on the location of off-site parking spaces or even on a business plan which does not allow residents to bring cars or only allows for a certain number of cars. Sale stated that she appreciates the Phipps' willingness to remove the basketball court and to have their exterior changes approved by the Historic Preservation Commission, which she thought was an excellent suggestion to maintain the integrity of that property. She said although she trusts ~ "~ Board of Adjustment ~er10, 1997 ~ John Phipps said they have. a plan to address the parking and will come up with as many plans as ~~eded ~o ad?ress th.e parkl~g. He said the obvious solution is to provide off-site parking; whether It IS provided In the City parking ramps or provided someplace else, that has to be the solution. He said he would like to think that some of the other multi-tenant housing units in that area would consi.der the sa~e things if they could. He said something has to be done~ Phipps said he is not creating the parking problem and none of the people at the meeting created the parking problem. He said the City of Iowa City created the parking problem in that area by allowing people to convert single-family residences to multi-tenant usage. without any consideration for where people would park. John Phipps said the City of Iowa City has an obligation to do something to help alleviate the parking problem. He said a good start would be to give him some parking permits so that they can encourage their residents to park in the ramp. He said they at least would not contribute greatly to the parking situation. He said the City could perhaps offer the same situation to other housing units in that area. He said they may be setting a precedent and the City may not like it, but he would be glad to set the precedent. He said he is willing to pay the money to give his people somewhere to park. John Phipps read a letter from Sue Licht, a preservation architect in Iowa City. He read, "I am writing this letter to encourage you to work with John and Diana Phipps in their request for a variance on this property. I am not an expert in dealing with Iowa City's parking issues, but I am a proponent of creative, adaptive reuse of historic structures. Many cities allow some parking easements in relationship to existing historic structures and adaptive reuse. This neighborhood has been hit hard this past year with the demolition of a significant historic building replaced with an eyesore of a six-plex. Please consider, that with the current zoning, the same thing could happen again with this property. It is not protected by the historic district, but does directly affect the historic character of the neighborhood." John Phipps said he appreciated Sale's comments. He said 8-12 % is what rental property owners say is a reasonable rate of return on their cash investment on a rental property. He said that is considering only a rental property where people live there and pay rent and you pay the bills on the building and try to maintain it. John Phipps said that does not take into consideration the return that is necessary to operate a building that includes a food service component, an educational component, an academic support component, and a career counseling component. He said all these things are part of the plan that costs money and have to have a return. He said 8-12% just does not cover it, and you can't start a business with those kinds of figures. Brandt asked if those figures are included in the operating expenses, and John Phipps said that was correct. John Phipps said, as far as the conditions on the variance, Sales may be right. John Phipps said he is not opposed to some sort of a contingency like that. He said he would not want to see the business destroyed if they decide to retire in 20 years and sell the business or perhaps one of their kids would want to take it over. John Phipps said he would not want them to change the concept. He said he had no problem with the variance staying with the business or the business concept. He said ~e read that where it says "the density variance not being applicable to any successors in title," that successors in title meant whoever bought the property from him would not get the variance. John Phipps said if it needs to be reworded so that he is happier with it, that would be fine, but if the idea is that the successive owner of the business who continues to operate the business in the same manner keeps the variance, then he has no problem with that. Holecek said one could transfer the corporate entity that operates under the same structure and not lose the variance. John Phipps asked what the case woOld be if the name of the corporation is changed. Holecek asked why you would ch~nge the name. John Phipps said suppose someone with a business called Smith House did kind of the same thing and bought the business. Holecek Board of Adjustment September 10, 1997 Page 22 said it would be a subsidiary then that. could be owned by a larger corporate structure and still maintain its character. Br~ndt. asked the ~hipps if anything. less than 30 residents is unacceptable to them. John Phipps said without the higher numbers, this plan does not have enough return to interest investors and said that comes from the investors themselves. He said they had to rework the numbers over and over again just to get to the point where people would say now it could be worth doing. Public hearing closed. Bender thanked the neighbors for coming and said it helps the Board a lot. She said it was her opinion after touring the facility, hearing from the neighbors, reading the materials, and much thought and deliberation that she would support this with conditions. Bender said she thinks the tests of unnecessary hardship have been met. She stated that she thinks the uniqueness test has been met in that this is a very unique neighborhood and a very unique structure, and she thought that because of its historic worthiness that it is also unique and she heard people in the neighborhood saying they don't want to see this destroyed. Bender said obviously this is not anything of the landowner's own making - the zoning require- ments in effect were not in effect at the time this house was erected in 1923. She said she did not have a problem either with the business plan or the statistics. Being a long-time Iowa City resident herself and owning rental properties, Bender said there is a difference between owning a duplex or a rental property and the amount of return expected on that investment and owning a business. She said they are two totally separate things. Bender said one only has to look at the professional advisors and contractors that are involved in this business concept to see that they are long- standing, well-respected members of the community, so she trusted the facts and figures and the advice that the applicants have been getting, be it accounting, legal, architectural, construction, or renovation. Bender said these are all very well-respected, very long-term upstanding business people in this community so she had no reason to mistrust their advice and, in turn, the Leighton House projections. She said she also did not have a problem with the reasonable rate of return test. She thought that was met. Bender said the plan itself encourages reinvestment in the near downtown neighborhood. She said that is what the Comprehensive. Plan asks for, and she thought that is what this applicant is trying to do. Bender said she did not see any use of this grand old home that could be any finer than the one that is presented to the Board. She said that the potential uses of this property aside from Leighton House would be much more harmful to this neighborhood. Bender said a case in point is the current owner and previous tenants of this building. She said they all saw the house and went through it, and it was absolutely disgusting. Bender said she could not imagine living in that neighborhood and wanting to have anything similar to that take place on that site again. She said she was concerned that it could if the Board does not allow this plan to go forward, and the applicant pointed that out succinctly also. Bender said if someone wants to convert this to a multi- family or quad-plex or whatever they want to call it and have 26 people living there unsupervised or 24 or whatever the number and not even appear before the Board, that frightens her a great deal for that wonderful old neighborhood. Bender said she was concerned about the parking, but did not think the parking issue outweighs the good that this type of well-thought out plan and supervised living arrangement could bring. She said she felt really strongly about this. Bender said being the mbther of a college-aged student and going through dorm life and the options available makes her have another view of it. She said she thought this whole business concept is a wonderful addition to the community and to Board of Adjustment ~.s bar 10, 1997 C~ ~randt stated that he had experience in going to that Commission and watching it work. He said it IS an extremely helpful group, and, even though it is regulatory, it serves almost more in an ~dviso':Y capacity., Brandt said the~ give good suggestions and good ideas and work with people In makIng sure things are appropriate. He said they rarely deny anything and in fact he did not know if they had ever denied anything. Holecek said the Commission is also consulted by persons who are not necessarily under its regulatory auspices, but are consulted just because their advice is helpful and respected. Corcoran said she just wanted to make sure the Phipps understand what they are agreeing to. Bender asked if the Board could add some language about parking. She said she did not know how it would be done because of enforcement, but she wondered if, as the resident management of the home is part of the business plan and as this provision of off-street parking is part of the business plan, the Board could include some language about having the variance being conferred specifically to Leighton House, L.C., which will provide resident management of the rooming house and off-site parking, or something to that effect. Holecek said the Board needed to then ask the question, if the applicants are unable to secure off-site parking, did the Board want the variance to be null and void. She said the entirety of the plan and all its parts could then hinge on that one provision, She stated that the Board could add some looser language that may not be as binding - something to the effect of Leighton House, L.C. making good faith efforts to provide off- site parking. Holecek said that would not be as binding, but would give the intent that the Board is trying to address that issue. Brandt said he did not know why the binding language would be unreasonable since the Board has received very strong commitments, and it is very firmly stated in the business plan that that will be done. Bender said the Board does not know what kind of compliance they will get. Bender said she would like to see language about a good faith effort because the parking is such an issue for so many people. She said it is not the fault of the applicant. She said, in effect, this plan is going to lower the density from 1923 and. from 1996. Bender said the net effect may be a wash. She said she did sense a great deal of concern about the parking issue. Eckhardt said if the preservation issue is going to be in because the Board made a big point of it, then the parking issue should be in because the Board made a big -point of it. Holecek said part of the analysis though, and one of the points of contention between Board members, was indeed the impact on the neighborhood with one member finding the impact to be unreasonable and other members finding it not to be unreasonable. Holecek stated that whether or not that is included is not the same analysis as leaving in the historic preservation issue in order to meet the uniqueness test. Brandt said he took Holecek's advice, which he did not agree with, to mean it should be left alone. Holecek said she thought the best that could be done would be to include a good faith clause, but the reality of the situation may not lend itself to compliance. Bender said she trusted that the good ~ faith effort would be there. 4 Eckhardt said a more serious issue would be what happens if the Leighton House fails. She asked if it should then be canceled or a time limit should be put on it. Brandt said it is the general idea that if this concept fails, the issue is back to square one. Bender said she thought that was really beyond the jurisdiction of the Board. She said if it does not succeed, it is the applicants' problem. She said the people who would then want to buy the property would have to come and get approval for what they would want to do. Holecek said that was correct. She said one could buy the limited corporation, but would have to continue to operate under that concept plan. Brandt asked if the business plan concept has to be consistent, not just the title that belonged to Leighton House, but the business of Leighton House. Holecek said that was correct, that it must be operated as stated in the business plan. Brandt said that if Leighton House decided to change to a Board of Adjustment September 1 a, 1997 Page 27 20-bed four-plex, then the deal would be off. Holecek confirmed this and said or a 30-bed four- plex, because the discussion was for a 30-person variance. . John Phipps said regarding Historic Preservation Commission approval, he would prefer to have it worded to ''the exterior structure of the building" and not just the exterior of the building altogether. He said that could give the Historic Preservation Commission control over what kinds of plants are planted and where a bench, planter, or tree might be place. John Phipps said anything done to the exterior of the property would have to go to the Commission for approval. He said it would probably not be a problem except for the delays, although he said he was a little concerned that Dr. Gersh is on the Historic Preservation Commission and if the Board approves this against his wishes, he may be a thorn in the Phipps' side. Holecek proposed the wording "exterior change to the residential structure". Rockwell said in the past, Historic Preservation Commission approval was required only if a building permit was required. John Phipps said regarding the removal of the concrete basketball court, they had talked about leaving one or two squares of concrete in corners to make a patio seating area or a place for planters or a garden bench. He said he thought if the middle of the court were destroyed so it could not be used for basketball, they would have then removed the basketball court, but they may want to leave a square or two of concrete so they do not have to go back in and redo it. Holecek said a square or two of concrete is not necessarily a basketball. court. Bender said that was reasonable. Holecek asked if there were a consensus on the Board to rephrase condition number three. Bender proposed it read that any change to the exterior residential structure requiring a City building permit requires approval of the Historic Preservation Commission. MOTION: Bender moved that VAR97-0004, a variance to exceed the maximum density permitted for a rooming house in the RNC-20 zone in order to allow the establishment of a rooming house for 30 residents for property located at 932 East College be approved with the following conditions: 1) the variance being conferred specifically to Leighton House, L.C., which will provide resident management of the rooming house consistent with the principles outlined in its business plan for Leighton House, L.C. dated July 1997; the density variance is not applicable to any successors in title to the 932 East College Street property, 2) any change to the exterior of the residential structure requiring a building permit will require approval by the Iowa City Historic Preservation Commission, and 3) the removal of the concrete basketball court located in the front of the residence and the installation of landscaping in its stead. Corcoran seconded the motion. Brandt said he wanted to restate his previous concerns for the record and said he appreciated all his colleagues' comments. Holecek said that for clarification of the record, it is accurate to state that all of the analysis the. Board has gone through extensively prior to the motion is now adopted for the basis of the motion and the vote. The motion carried on a vote of 3-1. with Brandt voting no. OTHER: Holecek said she appreciates the Board going through an analysis, looking at the tests and articulating the reasons for the vote. She said the Board is doing a good job of this. ADJOURNMENT: lLetgbton T!)oUSt, lL.~. Jiusintss ~ tan Jut!' 1997 932 E. College Street Iowa City, Iowa 52245 'ltigbton ~OU~t .u~tnt~~ J Ian ~alJ It of (:ontmt~ I. General Business Description II. The Company III. The Market IV. Market Research! Analysis V. The Facilities and Services VI. Financial Data VII. Appendix t.ttgbton .OU~t, t..e:. j;ummaTP .u~tnt~~ t!!n GENERAL BUSINESS DESCRIPTION: This proposed business will provide a distinctive, safe and supportive residential option for female students attending the University ofIowa in Iowa City, Iowa. The business/facility will be named "Leighton House" and will be structured as a limited corporation under the statutes of the State ofIowa. Leighton House will be located in an existing facility at 932 E. College Street (currently a vacant building that was most recently occupied by Sigma Alpha Mu Fraternity. The idea for this project grew out of the fact that the University ofIowa currently provides no dormitory facilities exclusively for women. Additionally, the individuals proposing this business have personal knowledge and experience of unacceptable housing conditions and situations in Iowa City for the targeted female student population. There is clearly a demonstrated need for this type of facility in the community. The specific concept and operational plans for Leighton House are patterned after Hardin House, a very successful, half a century old, business in Austin, Texas. The managing partner and Director of Leighton House will be Diana Kay Leighton Phipps. Mrs. Phipps will be assisted by her husband, John W. Phipps and will have additional support and assistance from professional advisors and other private investors in the project. l.dgbton .OU~t .u'in~' Jtan (tontinutb...' THE COMPANY: Strategy: Leighton House will, primarily, meet the needs of first and second year female students at the University of Iowa. These students would typically be of somewhat affiuent families and would, possibly, pledge a sorority during their first year of college. It is expected that these individuals would desire to move into their respective sorority houses beginning with their second year at U of I, if space allows. For those not interested in joining a sorority, Leighton House will provide a similar environment with the same, or greater, comfort, privacy, security, academic support and dining facilities normally offered only by nationally affiliated sororities. In so doing, Leighton House will fill an evident void in the housing options available to female students attending the University ofIowa and will be a most attractive option to many parents, as well as students. Mission: Leighton House will provide, for students and families who are willing and able to pay for premium housing: privacy, security, safety and quality dining services in tastefully elegant surroundings and a supportive environment. Management: Leighton House will provide on-site resident managers with 24 hour/day staffing. The managing partners, Mr. and Mrs. Phipps, will reside in living quarters on the first floor of the building. Diana Kay Leighton Phipps has a Bachelors Degree and significant graduate credits in Education. Diana has been a classroom teacher for twenty-five years. She has served on, and taken leadership roles on, numerous committees and projects during her teaching career. Most significantly, for this project, Diana has served as cooperating teacher or mentor for, at least, thirty education students and student teachers. Many of these individuals have gone on to successful teaching careers and still maintain contact with Diana, and continue to express their appreciation for her early support and "coaching". Diana is experienced and talented in communicating with, and positively affecting college aged students. John W. Phipps has a Bachelors Degree and significant graduate credits in Business Administration. John has nearly twenty-nine years of professional experience, beginning with over seven years in law enforcement. The balance of his experience has been in various aspects of business with the past nineteen years focused on Human Resource Management. John is professionally certified as a Senior Professional in Human Resources (SPHR) and is past president of the Eastern Iowa Human Resource Association. John has also served as Chairman of the Iowa City Area Chamber of l.ttgIJton JOOU~t .u~tn~~ tllan (tonttnutb...) Commerce Human Resources Committee and was instrumental in establishing a Supported Employment Sub-Committee in the Chamber. John is also an eighteen year veteran leader in the Boy Scouts of America and, in that role has successfully coached and counseled numerous teenagers into their college years and beyond. John and Diana have reared two children, both of whom attended the University ofIowa and personally experienced the various trials and tribulations of student housing. Additional management support will be sought from successful entrepreneurs and professionals in various fields, some of who may be investors arid silent partners in this business. l.ttgfJton ~OU~t .u~tn~~ JIan (conttnutb...) THE MARKET: The Primary Market: Residency at Leighton House will be most attractive to first year female students attending the University of Iowa who expect to participate in sorority rush and to pledge a sorority. These same students will probably wish to move to their sorority house, if space is available, after their first year of college. According the Admissions office at the University approximately 1,947 females will enroll in the fall of 1997 as freshmen. This number will increase to 2001 in 1998,2,060 in 1999, and 2,082 in 2000. Typically 28-30% participate in the sorority rush with 20% actually pledging. These numbers indicate those primary prospective residents for Leighton House will number 565 in 1997, 580 in 1998, 597 in 1999, and 604 in 2000. Because of the close proximity of the proposed Leighton House property to nine of the largest sororities on campus, and the similarity of the residential environment, Leighton House will present a very attractive housing option to these first year students. The Extended Market: There is also a large extended market for the services and facilities that will be offered by Leighton House. These include: · Those students who did not pledge a sorority as planned. · Those who chose not to go through rush but desire the sorority house atmosphere without the sorority affiliation. · Those who did pledge a sorority but were unable to move into the sorority house because of space limitations. · Those who pledged a sorority but who choose to live at Leighton House rather than their sorority house. · Other students who choose Leighton House over other housing options because of the quality and environment. · Summer session students will provide another source of revenue. · Housing for special sessions and events such as Writers' Workshop, Artists in Residence, visiting lecturers, etc. may provide yet another source of revenue during summer months, or in the event that vacancies occur during the school year. l.dgIJton .OU't .u'tnt" Jlan (conttnutb...) MARKET RESEARCH/ANALYSIS: Research for this projectlbusiness has consisted of interviews with a former, and a current, resident of Hardin House in Austin, Texas, as well as interviews with their parents. The Hardin House property was toured and visited several times. In addition, officials at the University ofIowa were interviewed and relevant demographic data was obtained about the student population. Other individuals having knowledge of and/or experience with university housing and sorority/fraternity houses were also contacted for input and information. Appropriate City offices were contacted for relevant information and the properties were inspected by a reputable general contractor and an architect for structural integrity, historical significance and estimates for rehabilitating the properties for this use. Naturally, the cost of residing at Leighton House will exceed the cost of University Housing, as well as the cost of most sorority houses. This is not a concern, however, as research has indicated a strong desire and need for this kind of facility near the University of Iowa campus. The sixty years of experience of Hardin House demonstrates that many parents are willing and able to pay for the peace of mind a facility like this provides them as their daughters leave home for college. One Hardin House parent said that money is not a concern when it comes to their daughters' comfort and security. 'ltllJbton ~OU't Jlu'tnt" JUan (conttnutb...) THE FACILITIES AND SERVICES: Facilities: The floor plan of Leighton House will be professionally designed and the construction will be completed by a skilled and reputable Iowa City construction company. The interior design, decoration, and furnishings will be assigned to a professional and reputable Iowa City interior designer. Emphasis will consistently be on quality, durability, flexibility, and aesthetics. Particular attention will also be paid to preserving the historical integrity of the buildings and restoring them to their original appearances. Living spaces will consist, primarily, of suites, which will include two rooms, each housing two students with a bathroom between the rooms. Meals will be professionally prepared and served on-site in the kitchen and dining room located on the lower level of the residence hall. Facilities will also be provided for students to store and prepare their own meals and snacks whenever they so desire. Common areas will be provided for socializing, studying and welcoming guests. The on-site managing partnerslDirector of Leighton House will reside in an apartment on the first floor of the building. A formal office will be located on the first floor ofthe residence hall for conducting business, greeting visitors and for meetings. An administrative office will be located on the lower level of the facility for the purposes of supplies storage, record files, office machines and equipment, and work space. The residence hall will be alarmed for smoke, fire, and unauthorized access. Services: The service to be provided by Leighton House, as detailed in previous sections of this business plan, is to fill a void in the student housing options in Iowa City by providing an "upscale" residence hall for female students at the University of Iowa. The specific benefits that will be realized by Leighton House residents include: · Privacy - rules will be strictly enforced restricting visitors and activities in the residence hall, and particularly in the living areas of the building. l.dglJton Jj ou~t .u~int~~ J Ian (continueb...) · Security - The residence hall will be alarmed as described previously and the facility will be staffed on a 24 hour/day basis for purposes of monitoring security and safety. To further enhance the safety of the residents, transportation will be available on an "as needed" basis for such things as attending night classes or for residents who may find themselves at a party or downtown at night without safe transportation home. · Academic Support - The Director will provide coaching and counseling for residents needing assistance with academic planning and tutoring will be arranged at an additional cost for residents needing help with individual classes. In addition, evening discussions and lectures will be arranged periodically on topics of interest to the residents. A Leadership Development course will be offered to residents in cooperation with the University. · Dining Services - A full-service, professional kitchen will be installed in the lower level of the residence hall and meals will be prepared and served daily in the dining room. The dining room will also be located on the lower level of the residence hall and will be equipped and furnished to allow for buffet service, table service and self- service. The room will be nicely decorated and furnished to provide comfortable and enjoyable dining. · Housekeeping Services - Common areas of the building will be cleaned daily. The residents' bathrooms will be thoroughly cleaned weekly and the bedrooms also will be vacuumed, dusted, etc. weekly. More frequent or thorough cleaning of the rooms and/or laundry services can be arranged at additional costs. · Parking - Limited street parking is available for residents who bring a car to college. Every effort will be made to find more secure off-site parking when desirable and of course transportation will be provided to take residents to and from their vehicles. Because of the proximity to campus and downtown, the lack of available parking on and around campus, and the fact that the facility is located on the City bus route, residents will not, generally, find it necessary or desirable to have a car. · Health and Fitness - An area will be provided in the lower level of the residence hall for exercise. Some equipment will be provided and residents will be able to provide their own equipment, aerobic workouts, etc.. A sauna will also be available in this area ofthe building. · Quiet Environment - The environment at Leighton House will be conducive to studying, relaxing and staying rested, all of which are necessary for good academic performance and health. Rules will be strictly enforced restricting loud music, noisy activities, and visitors. l.ttgIJton JlOU~t .u~int~~ ~nan (continutb...) · Fun, etc. - Although there will be rules to allow Leighton House to deliver on the promise of safety, security, privacy, etc., undoubtedly the social and fun aspects of college life are of significant importance. Residents will be allowed to host social activities with agreement from the other residents and the approval of the Director. Occasional activities such as cookouts, holiday parties, sorority officer receptions, etc. will be planned by the staff While all, or some, of these features may be offered by the University, other private facilities, and certainly to a greater extent by sororities, Leighton House will maintain higher standards and offer more comprehensive services to it's residents. l.ttgbton ~ou't .u.tnt" JIan (conttnutb...) FINANCIAL DATA: This project, as currently planned, will require $670,000.00 of capital investment before the facility can be occupied and any revenues generated. The capital will be raised from a combination of private investors and bank loans and will be used to purchase the property, rehabilitate and remodel the building for the intended use, purchase furnishings, and to landscape the property. Annual receipts from operations are projected to be $294,000.00 with annual operating costs of $238,300.00. Net Profits (before taxes) are projected to be approximately $55,700.00. See Appendix for details.