HomeMy WebLinkAbout03-13-2019 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, March 13, 2019 — 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
AGENDA
A. Call to Order
1-M:no IKen II
C. Nomination and selection of Board Chair and Vice Chair
D. Special Exception Item
1. EXC18-00008: An application submitted by Linda Annis for a special exception to
allow for a buildable, non -conforming lot in the Low Density Single -Family (RS-5)
zone single-family zone located between 409 & 415 Kimball Road in order to build a
single family home.
E. Review Board Procedures
F. Consider the December 12, 2018 minutes
G. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, April 10, 2019
If you will need disability -related accommodations in order to participate in this meeting, please
contact Jesi Lile, Urban Planning at 319-356-5240 or at jessica-Zile@iowa-city.org. Early
requests are strongly encouraged to allow sufficient time to meet your access needs.
To: Board of Adjustment
Item: EXC18-00008
409 Kimball Rd
Parcel Number: 2015023
GENERAL INFORMATION:
Applicant/Property Owner:
Requested Action:
Purpose:
Location:
Location Map:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
STAFF REPORT
Prepared by: Jesi Lile, Associate Planner
Date: February 13, 2019
Linda Annis
409 Kimball Road
(319) 335-1029
Special Exception to allow for a buildable,
non -conforming lot
To allow the construction of a single-family home
Vacant lot between 409 & 415 Kimball Road
12,935 square feet
Vacant, Low Density Single Family Residential
(RS-5)
North: Residential, Low Density Single Family
Residential (RS-5)
East: Residential, Low Density Single Family
Residential (RS-5)
1
South: Residential, Low Density Single Family
Residential (RS-5)
West: Residential, Low Density Single Family
Residential (RS-5)
Applicable Code Sections: 14-4E-7F, Regulation of Non -Conforming Lots;
14-413-3A, Approval Criteria for Special Exceptions
File Date: December 11, 2018
BACKGROUND:
In 2015, the owner and applicant, Linda Annis, applied for and was granted by the City a
division that resulted in the creation of a non -conforming lot between 409 & 415 Kimball Road
This lot is considered non -conforming due to the lot width, defined as "the length of the front
setback line", which in the Low Density Single -Family Residential zone (RS-5) is measured at
fifteen feet (15) back from the right-of-way.
The subject property is less than that at approximately fifty feet (50') at the front setback line.
According to the Iowa City Municipal Code, the minimum lot requirements are in place to
"ensure that a lot is of a size, width, and frontage that is appropriate for the uses permitted in the
subject zone and will ensure, in most cases, that the other site development standards of this
title can be met." In the Low Density Single -Family Residential zone (RS-5) zone, the minimum
lot width requirement is sixty feet (60') as measured at the front setback line.
The lot width is different than the lot frontage, which is defined as "the continuous width of a lot
measured along the street right -of way line." The minimum lot frontage in the RS-5 zone is forty-
five feet (45). The subject lot meets that minimum lot frontage requirement.
The applicant is seeking a Special Exception to establish a legal non -conforming lot in order to
allow development of a single-family home.'
The zoning code regulations for non -conforming lots allow a special exception for such
circumstances:
In cases where two (2) or more abutting lots of record have become in single ownership and are
deemed a single parcel as set forth in subsection E of this section, the board of adjustment may
grant a special exception to re-establish a lot of record previously combined with an adjacent lot
in order to allow a single-family dwelling and accessory buildings to be installed on said lot,
notwithstanding a failure to meet the requirements of the zone for lot area or lot width, provided
all of the following conditions are met:
1. Granting of the requested exception results in appropriate, compatible development with
surrounding residential development;
2. The dwelling must be located on a lot of record that is at least forty feet (40') in width; and
3. The request meets all other standards and requirements of this title, including setback and
frontage requirements.
I In December 2018, the City approved a lot line adjustment to convey some of the land from the vacant
lot to 409 Kimball to create a more rectangular shaped lot.
ANALYSIS:
The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare;
to conserve and protect the value of property throughout the city; and to encourage the most
appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of
property in a manner that does not intrude upon adjacent property. The Board may grant the
requested special exception if the requested action is found to be in accordance with the specific
criteria included for Section 14-4E-7F, pertaining to the regulation of non -conforming lots, as well
as the General Standards laid out in Section 14-413-3.
Each criterion must be met, and the burden of proof is on the applicant to provide evidence in
support of approval of each criteria.
The applicant's comments regarding each of the specific and general standards are included on the
attached application form. Staff comments related to the specific and general approval criteria are
set forth below.
Specific Standards: 14-4E-7F: Regulation of Non -Conforming Lots
F. In cases where two (2) or more abutting lots of record have become in single
ownership and are deemed a single parcel as set forth in subsection E of this section,
the board of adjustment may grant a special exception to reestablish a lot of record
previously combined with an adjacent lot in order to allow a single-family dwelling and
accessory buildings to be installed on said lot, notwithstanding a failure to meet the
requirements of the zone for lot area or lot width, provided all of the following
conditions are met:
1. Granting of the requested exception results in appropriate, compatible development
with surrounding residential development;
FINDINGS:
• The area along Kimball Road developed with only single-family homes between the
late 1800's to the late 1900's which resulted in a diverse neighborhood in terms of
home styles and sizes.
• The area is also diverse in terms of lot sizes, shapes, and existing setbacks which
range from approximately thirteen feet (13') to over two -hundred feet (200') along
Kimball Road.
• There are also other lots with lot widths less than sixty feet (60') such as 445 Kimball
Road which is approximately thirty-six feet (36') at the front setback line and, 502 &
507 Kimball Road which are both approximately fifty-two feet (52') at the front
setback line (Attachment 7).
• Due to the diversity in the neighborhood with respect to lot widths and front setbacks,
allowing this non -conforming lot to be buildable would not be out of character.
• The property is sufficiently wide to allow a standard single-family home (of similar
size to others in the immediate vicinity) to be constructed that meets all setbacks
(front, side, and rear) with the minimum driveway length of 25 feet.
• A staff recommendation that the home on this lot must be built no further than 45 feet
from the front lot line in order to maintain a consistent setback with the single-family
developments on the two adjacent lots.
2. The dwelling must be located on a lot of record that is at least forty feet (40') in
width; and
FINDINGS:
• This lot is a lot of record and the plat of survey was recorded May 15, 2015.
• The lot width is approximately fifty feet (50') measured at the front setback line (15
feet from the right-of-way).
3. The request meets all other standards and requirements of this title, including
setback and frontage requirements.
FINDINGS:
• The only nonconforming part of this property is the lot width. All other dimensions
meet the minimum requirements.
• The lot area requirement is met as the minimum is 8,000 square feet and the subject
lot is 12,935 square feet.
• The lot frontage is forty-five feet (45) and meets the minimum requirement of forty-
five feet (45).
• A driveway must meet the required minimum depth of 25 feet, which is possible on
this lot.
• The lot is sufficiently wide at the setback line to meet or exceed all other setback
requirements. The purpose of setback requirements, as stated in the zoning code is
as follows:
o Maintain light, air, separation forfire protection, and access for firefighting;
o Provide opportunities for privacy between dwellings;
o Reflect the general building scale and placement of structures in the city's
neighborhoods;
o Promote a reasonable physical relationship between buildings and between
residences; and
o Provide flexibility to site a building so that it is compatible with buildings in the
vicinity.
General Standards: 14-413-3: Special Exception Review Requirements:
In order for the Board of Adjustments to grant this special exception request, each of the
following criterion below must be met. The burden of proof is on the applicant, and their
comments regarding each criterion may be found on the attached application. Staff comments
regarding each criterion are set below.
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
• It is possible to build a home to zoning code standard and meet all setback
requirements to allow forfire protection and fire separation
• Public Works Staff has determined that the addition of a driveway curb cut on this lot
is appropriate subject to all access standards.
• Transportation Planners reviewed the location for a driveway on the vacant lot and
determined that visibility is clear for approximately 400 feet to the west (near
driveway for 311 Kimball Road) and 300 feet to the east (near driveway for 421
Kimball Road). Based on the 25-mph speed limit on Kimball Road, the recommended
sight distance from the American Association of State Highway and Transportation
Officials would be met.
2. The specific proposed exception will not be injurious to the use and enjoyment of
other property in the immediate vicinity and will not substantially diminish or impair
property values in the neighborhood.
FINDINGS:
• All dimensions of the lot, aside from the lot width, are conforming.
• The lot width is only ten feet (10') less than what is required in an RS-5 zone.
• The only use allowed as a permitted use on this lot is a single-family home, which is
consistent with the residential character of the neighborhood and the purpose of the
zone.
The lot is of sufficient width to build a home with front, side, and rear setbacks
consistent with other homes in the immediate vicinity and that meet or exceed the
minimum requirements.
In orderto preserve the sense of rearyard privacy and seclusion enjoyed by the
property owners of 409 & 415 Kimball Road, staff recommends that any house built
on the vacant lot be built no further than forty-five feet from the right-of-way in order
to establish a front setback and building placement that is consistent with the two
immediately adjacent homes.
In orderto reduce imposition on the property at 409 Kimball Road, staff recommends
a condition that prohibits the construction of any structure such as a wall, fence or
driveway in the sightline of the house on 409 Kimball. This is approximately 15 feet
east of the point of beginning referenced on the 2015 plat of survey and
approximately 34 feet from the right-of-way. The sightline is shown on the diagram
below
3. Establishment of the specific proposed exception will not impede the normal and
orderly development and improvement of the surrounding property for uses permitted
in the district in which such property is located.
FINDINGS:
• This neighborhood has developed with a variety of home styles and setbacks.
• The lot provides adequate width and space to allow development of a single-family
home with a front setback that is consistent with the two adjacent lots (i.e. it is not
necessary or desirable to set the home significantly further back from the road than
the adjacent homes).
• Granting this special exception will not diminish the opportunity for surrounding
properties to make improvements or to be further developed for uses allowed in the
RS-5 zone.
• Allowing the development of another single-family residence will not change the
character of the neighborhood significantly.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
FINDINGS:
• The neighborhood along Kimball Road has been developed with utilities, access
roads, and all other necessary facilities.
• Public Works Staff confirmed that the lot has access to public water and sanitary
sewer.
5. Adequate measures have been or will betaken to provide ingress or egress designed
to minimize traffic congestion on public streets.
FINDINGS:
• As the proposed lot is not on an arterial street, one additional curb cut and home will
not significantly impact traffic in this area. According to the Metropolitan Planning
Organization of Johnson County, Kimball Road can handle up to 12,000 trips per
day. The most recent traffic counts, taken in 2014, show that Kimball Road has about
1,240 vehicle trips per day. The addition of one single family home would add
approximately 10 or fewer trips per day.
• There is adequate room for a driveway on the proposed lot. Driveways must be
constructed to City Design Standards which require that:
o Driveways be at least twenty-five feet (25') in length between the entrance to
the garage or carport and the street right-of-way
o Hard -surface drives must be set back at least three feet (3') from any side or
rear lot line.
o Along local and collector streets, there must be at least six feet (6') between
curb cuts measured at the curb line.
o For properties with a single access point, the maximum driveway width is
twenty-fourfeet (24') measured at the property line, and thirty feet (30')
measured at the curb line.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
FINDINGS:
• The only nonconforming aspect of this lot is the lot width. All other dimensional
requirements including lot area are conforming.
• Any single-family development on this site will be reviewed to ensure compliance
with all other zoning regulations.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
• The Comprehensive Plan calls for compatible infill development that adds diversity
and character to neighborhoods. This would allow for infill of a vacant lot.
• The North District Plan calls for retaining the predominately single-family residential
character of existing neighborhoods, and allowing this special exception would
restrict development of this lot to single-family development.
CORRESPONDANCE RECEIVED:
Staff received letters of opposition from neighbors at 311 Kimball Road and 415 Kimball Road, as
well as a letter prepared by the neighbors at 401 Kimball Road and signed by surrounding neighbors
(Attachments 8, 9, & 10). The applicant, Linda Annis, also provided staff a letter disputing some of
the information included in neighbor opposition letters, as well as a copy of the release of purchase
agreement between Linda and the owners of 415 Kimball (Attachments 11 &12). All correspondence
has been included as attachments.
STAFF RECOMMENDATION:
Staff recommends approval of EXC18-00008 to make the lot between 409 & 415 Kimball buildable
for a single-family home with the following conditions:
1. The home on the lot must be built no further than 45 feet from the front lot line in order to
maintain a consistent setback with the single-family developments on the two adjacent lots.
2. No structures (e.g. fence, wall, driveway) may be built within the sightline of the existing
house on 409 Kimball Rd. nor should the driveway extend into this area. The sightline is
approximately fifteen feet (15') east of the 409 Kimball Rd parcel point of beginning, as
referenced from the 2015 plat of survey and approximately 34 feet from the right-of-way as
shown below.
ATTACHMENTS
1. Location Map
2. Zoning Map
3. Application Materials
4. 2015 Division
5. 2018 Boundary Line Adjustment
6. Special Exception Exhibit
7. Lots less than 60' (map)
8. 311 Kimball Letter of Opposition
9. 415 Kimball Letter of Opposition
10. Neighborhood Letter of Opposition
11. Annis Rebuttal
12. Release of Purchase Agreement
Approved by:t��
Danielle Sitzman, Development Services Coordinator
Department of Neighborhood and Development Services
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APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION -
DATE: 12/5/2018 PROPERTY PARCEL NO. 2015023
PROPERTY ADDRESS: vacant lot between 409 & 415 Kimball Rd
PROPERTY ZONE: RS-5
PROPERTY LOT SIZE: 13,000 SF
APPLICANT: Name: Linda Arms
Address: 409 Kimball Rd
Phone: 319-335-0129 (work)
CONTACT PERSON: Name: same as applicant
(if other than applicant)
Address:
Phone:
PROPERTY OWNER: Name: same as applicant
(if other than applicant)
Address:
Phone:
Specific Requested Special Exception; please list the description and section number in
the zoning code that addresses the specific special exception you are seeking. If you
cannot find this information or do not know which section of the code to look in, please
contact Sarah Walz at 356-5239 or e-mail sarah-walz@iowacity.org.
Purpose for special exception: to make land a "buildable lot for a small (35' wide X 58' long)
single family home (please see attached letter from City Attorney)
Date of previous application or appeal filed, if any: NA
-2-
In order for your application to be considered complete, you must provide responses to all of the
information requested below. Failure to provide this information may delay the hearing date
for your application. A pre -application consultation with Planning staff is STRONGLY
recommended to ensure that your application addresses all of the required criteria.
As the applicant, you bear the burden of proof for showing that the requested exception should be
granted. Because this application will be presented to the Board of Adjustment as your official
statement, you should address all the applicable criteria in a clear and concise manner.
A. Leaal description of property (attach a separate sheet if necessary):
You can find the legal description and parcel number for your property by doing a parcel
search for your address on the Assessor's website at www.iowacity.iowaassessors.com/
or by calling 319356-6066.
B. Plot Plan/Site Plan drawn to scale showing all of the following information:
1. Lot with dimensions;
2. North point and scale;
3. Existing and proposed structures with distances from property lines;
4. Abutting streets and alleys;
5. Surrounding land uses, including location and record owner of each property
opposite or abutting the property in question;
6. Parking spaces and trees - existing and proposed.
7. Any other site elements that are to be addressed in the specific criteria for your
special exception (i.e., some uses require landscape screening, buffers, stacking
spaces, etc.)
C. Specific Approval Criteria: In order to grant a special exception, the Board must find that
the requested special exception meets certain specific approval criteria listed within the
Zoning Code. In the space below or on an attached sheet, address each of the criteria that
apply to the special exception being sought. Your responses to these criteria should just
be opinions, but should provide specific information demonstrating that the criteria are
being met. (Specific approval criteria for uses listed as special exceptions are described in 14-413-4
of the Zoning Code. Other types of special exceptions to modify requirements for the property are
listed elsewhere in the Code.)
IF YOU DO NOT KNOW WHERE TO FIND THE SPECIFIC CRITERIA THAT MUST BE
ADDRESSED, please contact Sarah Walz at 356-5339 or e-mail sarah-walza@iowa-
city.org. Failure to provide this information will constitute an incomplete application
and may lead to a delay in its consideration before the Board of Adjustment.
-3-
D. General Approval Criteria: In addition to the specific approval criteria addressed in
"C", the Board must also find that the requested special exception meets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, provide specific information,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are
not relevant in your particular case.
The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
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2. The specific proposed exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity and will not
substantially diminish and impair property values in the neighborhood.
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3. Establishment of the specific proposed exception will not impede the normal
and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
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4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
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5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
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6. Except for the specific regulations and standards applicable to the special
exception being considered, the specific proposed exception in all other
respects conforms to the applicable regulations or standards of the zone in
which it is to be located. [Depending on the type of special exception
requested, certain specific conditions may need to be met. The applicant
will demonstrate compliance with the specific conditions required for a
particular use as provided in the City Code section 14-413 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K) j
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The proposed use will be consistent with the Comprehensive Plan of the
City.
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E. Neighboring Property Listing of all properties, within 300' of parcel, to be submitted
as an Excel file to PlanningZoning@iowa-city.org, that includes all of the following
information:
All Property Addresses (including Multi -Residential unit numbers)
Property Class 1n d1A4
Parcel Numbers
Mailing Names
Mailing Addresses 1 / Mailing Addresses 2
Mailing Cities
Mailing Zip Codes
Property Owner information may be obtained from the Johnson Co. Auditor's
Office or at http:Hiowacity.iowaassessors.com/search.php. Note: Unit numbers
MUST be included for all multi -residential parcels.
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NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 14-8C-2C-4, City Code).
Orders. Unless otherwise determined by the Board, all orders of the Board shall
expire six (6) months from the date the written decision is filed with the City Clerk,
unless the applicant shall have taken action within the six (6) month period to
establish the use or construct the building permitted under the terms of the
Board's decision, such as by obtaining a building permit and proceeding to
completion in accordance with the terms of the permit. Upon written request, and
for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
(Section 14-8C-1E, City Code).
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
14-8C-1 F, City Code). Such petition shall be presented to the court within thirty (30)
days after the filing of the decision in the office of i v Cher .
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Date: 2g-//
Date:
ppdad m nlapplication-boase.doc
20
Signature(s) of Applicant(s)
Signature(s) of Property Owner(s)
if Different than Applicant(s)
December 5, 2018
Linda Annis
409 Kimball Road
Iowa City, IA 52245
Lynn Weinstein
Blank & McCune
506 E. College Street
Iowa City, IA 52240
Frederick Boehmke & Cynthia Farthing
415 Kimball Road
Iowa City, IA 52245
Dear Ms. Annis, Ms. Weinstein, Mr. Boehmke, and Ms. Farthing:
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.lcgov.org
On Wednesday, November 29, 2018, staff met with Ms. Annis and Ms. Weinstein to discuss the
vacant lot located in between 409 and 415 Kimball Road (Auditor's Parcel 2015023). As we
discussed in the meeting, this lot is not a buildable lot. The lot is zoned RS-5, which has a
minimum lot width requirement of 60 feet, which is measured at the front setback line (i.e. 15
feet). The current lot width is less than 60 feet and therefore is a non -conforming lot under the
City's zoning code Staff would like to work with you on some possible solutions, which are
outlined in this letter in no particular order.
Options for the Current Property Owner (Linda Annis):
1. Special Exception
The City's zoning code provides a special exception process for certain non -conforming lots.
Specifically, the lots must be abutting and under single ownership. The requirements are
outlined in Section 14-4E-7, Regulation of Non -Conforming Lots, of the City's zoning code:
F. In cases where two (2) or more abutting lots of record have become in single ownership and
are deemed a single parcel as set forth in subsection E of this section, the board of
adjustment may grant a special exception to reestablish a lot of record previously combined
with an adjacent lot in order to allow a single-family dwelling and accessory buildings to be
installed on said tot, notwithstanding a failure to meet the requirements of the zone for lot
area or lot width, provided the following conditions are met:
1. Granting of the requested exception results in appropriate, compatible development with
surrounding residential development;
2. The dwelling must be located on a lot of record that is at least forty feet (40) in width; and
3. The request meets all other standards and requirements of this title, including setback and ✓
frontage requirements.
All Special Exceptions must also meet the following criteria outlined Section 14-4B-3A:
December 5, 2018
Page 2
A. Approval Criteria: In order to grant a special exception, the board must find that the applicant
meets the specific approval criteria set forth in this title with respect to the specific proposed
exception. The board must also rind that the applicant meets the following general approval
criteria or that the following criteria do not apply:
1. The speck proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare.
2. The specific proposed exception will not be injurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish or impair property values
in the neighborhood.
3. Establishment of the specific proposed exception will not impede the normal and orderly —�
development and improvement of the surrounding property for uses permitted in the district in
which such property is located.
4, Adequate utilities, access reads, drainage and/or necessary facilities have boon or are being
provided.
5. Adequate measures nave been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the applicable
regulations or standards of the zone in which it is to be located.
7. The proposed exception will be consistent with the Comprehensive Plan of the City, as
amended.
A special exception requires review and approval by the Board of Adjustment. The application
fee is $450, which the City will waive in this instance, and requires notification of neighbors. In
terms of the process, staff will work with the applicant, develop a staff report, and make a public
presentation to the Board of Adjustment. The Board discusses the application and either votes
to approve, approve with conditions, or deny the application. Staff will likely recommend a
condition that will require a build -to line to ensure that any home built on the lot will have a
similar setback to the homes in the immediate vicinity. In addition, approvals by the Board of
Adjustment lapse in 6-months; however, the Board may extend this period or review a request
for an extension. If the special exception is granted, the lot will be a buildable lot.
2. Re -Platting
Another option is to submit an application for a Final Plat. In this case, the Final Plat process
would allow for the re -subdivision of the land. This process would allow for the re -drawing of lot
lines. In addition, this process would require coordination with the property owners at 415
Kimball Road since a portion of the property at 415 Kimball Road would need to be conveyed to
the lot in question.
Prior to submitting this application, the applicant would need to work with a consulting fine to
conduct a survey to ensure that the new lot boundaries meet the dimensional requirements of
the zoning code and that the existing home at 415 Kimball Road meet other zoning regulations
(e.g. open space requirements, driveway spacing distances, setbacks),
December 5, 2018
Page 3
The Final Plat process requires review and approval by the City Council. Upon receipt of a Final
Plat application, staff distributes the plat to a variety of different departments for review. After
the staff review, a staff report is prepared and submitted to the City Council. The application fee
for a Final Plat is $775, which the City will waive. Upon approval by the City Council the Final
Plat would be recorded with the Johnson County Recorder's Office. Approval of a Final Plat
results in an official, recorded plat that identifies the legal of lot of record.
3. Boundary Line Adjustment
A third option is a boundary line adjustment where the property owner requests a re -drawing of
the existing parcel lines. In this instance, the current owner, Ms. Annis, would need to work with
the property owners at 415 Kimball Road since a portion of the property at 415 Kimball Road
would need to be conveyed to the vacant parcel in order for it to be buildable.
Similar to the re -platting option, approval of a boundary line adjustment depends on ensuring
that both parcels meet the minimum dimensional requirements of the zoning code. In addition,
the existing home on 415 Kimball Road would need to meet all other zoning regulations (e.g..
minimum open space, driveway spacing distances, setbacks). Again, working with a consulting
firm would be required.
A boundary line adjustment is an administrative process that does not require a public process.
After review and approval by City staff, the boundary line adjustment is recorded with the
Johnson County Recorder's Office. Unlike the re -platting process, a boundary line adjustment
does not result in the creation of an official, recorded plat, but would result in a buildable parcel
of land.
Options for a Future Buyer:
f. Special Exception
The special exception process outlined above is only an option if the property owner at 415
Kimball Avenue or the future owner of 409 Kimball Avenue purchases the property, since a
requirement of this process is that "(2) or more abutting lots of record have become in single
ownership and are deemed a single parcel"
2. Re -Platting
The re -platting process outlined above is only an option if the new property owner is able to
coordinate with the property owners at 415 Kimball Road. This is necessary since a portion of
the property at 415 Kimball Road must be conveyed to the vacant lot.
3. Boundary Line Adjustment
The boundary line adjustment process outlined above is only an option if the new property
owner is able to coordinate with the property owners at 415 Kimball Road. This is necessary
since a portion of the property at 415 Kimball Road must be conveyed to the vacant lot.
December 5, 2018
Page 4
Verification on Utilities
Additionally, you requested verification that public water and sewer are available and accessible
to the vacant, currently unbuildable lot. Public Works staff confirmed that the lot has access to
public water and sanitary sewer. There is 6-foot diameter cast iron watermain and 8-foot
diameter V.S.P. sanitary sewer in the Kimball Road right-of-way adjacent to the property.
Thank you again for your time. Please feel free to contact me should you have any questions or
require additional information. I can be reached at either sue-dulek(diowa-citv.ora or at (319)
356-5030. If you would like to pursue any of the options listed above, please contact Anne
Russett at anne-russeft0iowa-city.org or at (319) 356-5251 Anyone needing legal advice
should consult with his or her attorney.
Sinceerrellyy, ncaZT '
Susan Dulek
Assistant City Attorney
Copy to: Tracy Hightshoe, Director NDS
Anne Russett, Senior Planner
Danielle Sitzman, Development Services Coordinator
Summary
12 Houses are located within 300' of the applicatants property (409 Kimball and the vacant lot).
3 of the 12 houses are currently rental properties and the "dwelling values" of all three are less than $95,000 each.
10 of the 12 houses have "dwelling values" less than $136,000
416
MaMng kddrw
Frederick l soe"Ah
415 Kimba{I Rd
lava City FA52240
417 (Rental)
MaTns*dcjr
kobarf J & MktkiftS Lamkins
1266 PrviNe Gran Ln
lava CPtr to 52246
421
WW Adds
Randa4 F & IAw3 1 Verdkk
421#QY 1Rd
lCrua City FA. 32245
15 401
Ma',Vng Addy
FWwrw%Addr
CIMFr FFax
levy l& Camaran R53arim
315 FGvhbO Rd
401.IG'1 I Rd
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bwa City 1F..52d45
330
402
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GaagE&L'Iau-LymeH
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330 @GI- bMl Re,
A02 IGIMWI Rd
tawa City IA 5 224 5
tcwe City l.452245
428 (Rental)
M§aTKAddre
David A Sr& Kiiw.n K Raacufe
2130 3 Riv fde fir
1e 2 city Ls, 52246
420 (Rental)
MSalkg Addre
Kic Lid
330 Mmbml Rd
k. r; MY to 52245
418
RAsWPSAddr
Greg Shaeffer
41S Kinftall Rd
icWa C"LA S224`
_yllkj
MdWrIg AdOWS
Chrimne boa"ir lo'b e
412 IGmbbV Rd
to av�y ''R 3:6245
406
Mwf, gAddre
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406 Mmb l Rd
town city 64 52245
RENTAL HOUSES WITHIN 300'
Add, av 428 KiM8„ALL P.O
peTl 1003461010
garner t3ACULIS. DAVITS A SR.
Class t?dES®EPATI.AL
Ti" Road is IaMIRAU RD
Address 417 KiM4R,A,LL RD
RTN 1003490004
Valu 174,590
O%e r LABHMIS, R'OBERT
Class; RESIMMAL
The Rc -' s KDAaALL RD
Address 420 KTA9®AL1. RD
PIT" kx3grt.10"_l
Value 14S,62V
Cvwnes KIC LIMITED
Class RESIDENTIAL
7'1� RZ d 6 KIM BALL. RD
Address
428
420
412
417
401
418
315
402
330
406
House Value
$ 60,780
$ 88,300
$ 89,740
$ 93,870
$ 113,010
$ 113,270
$ 113,700
$ 115,290
$ 140,250
$ 135,780
Vanni House, (401)
Notes
RENTAL
RENTAL
Addr 935 E°.PIBEALL RD Ad&,c 445 XIM6AlL RD
PIN
ID03480MI FAIN
IW34wais
Vak a
216,520 Value
969.56E
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CL�
REST hIIAL Class
RESA)ENTAL
The Frxuae" VIMSAr' L RD TM Road &s DCMF4Al7.. RD
Add. : SDI KI 4FALL RD
MH srar340=
Value 2n,12E
OW KXMLER, MARK A
Class RUMENnAL
IR,- Road ¢ KBMBALL RD
Please note that many of the newer properties on
Kimball Road do not comply with the current City
code and have very deep set backs, especially 445
Kimball Rood (pictured below). This house has only
36.4' of street frontage and is well under the 60'set
back requirement. Several of the other older
houses on Kimball Road are also under the 60'set
back requirement as well, and applicant would be
CURRENT VIEW OF APPLICANT'S VACANT LOT
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AUDPCORS PARCEL 2015023 & 2015024
CTTY OF IOWA CrrY, JOHNSON COUNTY, IOWA
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1917 S. INSERT ST.
IOWA CITY, I0RYA 62240
(319)351d2U
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PLAT OF SURVEY
ASIf8ISP1188.101R IME
A PORTION OF LOT 18
IN THE SUBDMSION OF
THE SE 114 OF SFQ 3
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LOCATION:
A PORTION OF AUD17DWS PARCEL 2015023
LOCATED IN A PORTION OF LOT 1S IN THE
SUBDIVISION OF THE SE 1/4 OF
SEC. 3-179N-116W OF THE 57H P.M.,
IOWA CITY. JOHNSON COUNTY. IOWA
LAND SURVEYOR, INCLUDING FIRM OR ORGANIZATION:
GLEN D. MEISNER, P.E. R P.L.S.
MMS CONSULTANTS INC.
1917 SOUTH GILBERT STREET
IOWA CITY, IOWA, 52240
PHONE 319-351-8282
SURVEY REQUESTED 9Y:
SANDY STEIL
PROPRIETOR OR OWNER:
DNDA ANNIS
DATE OF SURVEY:
DECEMBER 1% 2018
DOCUMENT RETURN INFORMATION:
LAND SURVEYOR
0
INC. 1917 S. GILBERT ST. IOWA CITY. IOWA 52240
FOUND E
1/2'e PIPE
PLAT OF SURVEY
AUDITOR'S PARCEL 2018136
CITY OF IOWA CITY, JOHNSON COUNTY, IOWA
LEGAL DESCRIPTION
. PORTION OF AUDITOR'S PARCEL 2015023, LOCATED IN A PORTION OF LOT 18 IN
HE SUBDIVISION OF THE SOUTHEAST QUARTER OF SECTION 3. TOWNSHIP 79
IORTT, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA,
IORE PARTICULARLY DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2018136
0 5 25 50 BEGINNING AT THE MOST WESTERLY CORNER OF AUDITOR'S PARCEL 2015023,
GRAPHIC SCALE IN FEET IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT RECORDED IN
PLAT BOOK 59, PAGE 197 IN THE RECORDS OF TIC JOHNSON COUNTY
V401 RECORDER'S OFFICE; THENCE N54046'09"E, ALONG THE NORTHWESTERLY LINE
OF SAID AUDITOR'S PARCEL 2015023, A DISTANCE OF 57.00 FEET; THENCE
S34042'35'B, 70.22 FEET TO ITS INTERSECTION WITH THE SOUTHWESTERLY LINE
\ OF SAID AUDITOR'S PARCEL 2015023; THENCE N73059'06'V, ALONG SAID
SOUTHWESTERLY LINE, 90.04 FEET TO THE POINT OF BEGINNING, CONTAINING
\ 0.046 ACRE (2001 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
A NOTES: 1) ALL FOUND PINS ARE 518"0 REBAR PINS WITH YELLOW PLASTIC CAPS
NO. 8165 UNLESS NOTED OTHERWISE.
2) THIS PARCEL IS A PORTION OF GOVERNMENT LOT 4 IN SEC. 3—T79N—
R6W OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA.
3) SEE THE AREA SUMMARY NOTED BELOW:
G
✓�A_p'K /N
o � i
Gam®
45.5'
® AUDITOR`S PARCEL v !
2018136 �0
/
Line Table
Line III
Direction
Length
L7
N54"46'09"E
12.00'
L2
S3442'35'E
44.85'
AREA - 0.046 ACRE ( ,
(2001 SQ. FT.) yY
i
NEIGHBORHOOD OD DE ENT SERVICES DIRECTOR
14— \ CL -A
DATE
AREA SUMMARY
AUDITOR'S PARCEL 2015024 + AUDITOR'S PARCEL 2018136 = 0.23 ACRE
8109 SQ. FT. + 2001 SQ. FT. = 10,110 SO. FT.
AUDITOR'S PARCEL 2015023 — AUDITOR'S PARCEL 2018136 = 0.30 ACRE
14936 SQ. FT. — 2001 SQ. FT. = 12,935 SQ. FT.
LEGEND AND NOTES
— CONGRESSIONAL CORNER, FOUND
— CONGRESSIONAL CORNER, REESTABLISHED
— CONGRESSIONAL CORNER. RECORDED LOCATION
•
— PROPERTY CORNER(S), FOUND (as noted)
O
— PROPERTY CORNERS SET
(51W Iron Pin w j yellow, plastic LS Cap
anbosmd with MMS" )
0
— OUT "X"
— PROPERTY N2/or BOUNDARY LINES
— — — — —
— — CONGRESSIONAL SECTION LINES
— — — — —
— — — — RIGHT—OF—WAY LINES
— —
— CENTER LINES
LOT ONES, INTERNAL
—
— - LOT LINES, PLATTED OR BY DEED
----
— — — — — — — — — — — — EASEMENT UNE% WIDTH .E PURPOSE NOTED
---------------
EXISTING EASEMENT LINES, PURPOSE NOTED
((R))
— RECORDED DIMENSIONS
(M)
— MEASURED DIMENSIONS
C22-1
— CURVE SEGMENT NUMBER
UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS
I hereby certify that this land surveying document was prepared and
the related survey work was performed by me or under my direct
personal supervlelon and that I an a duly licensed Professional Land
Surveyor under the awe of the State of lawn.
�sswxA� 4`
,�9ydG,�.....e-w—� 1Z-QED e
Ol EN
GLEN D. MEISNER
D. =m= L.S. Iowa La. No.
8165
MEIMy Ilcense renewal date is December 31. 2D.
8SN
IOWA ` iz
Mpp j111 " Pages or sheets covered by this dad:
Nq
PO
s
CIVIL ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319)351-8282
www.mmsconsultants.net
APORTION OF AUDITORS PARCEL
201923 LOCATED IN A PORTION OF
LOT 18IN THESWDN60N OFTHE SE 19OF
SEC. 3-T79N-R6W OF THE 5TH P.M,
IOWA CITY, JOHNSON COUNTY, IOWA
MMS CONSULTANTS, INC.
Date, 12/17/2018
9"eyed ID9. Field Hook No,
JO 1099, 1238
V L/IYI 1
FNoJect No:
IC 10329-006 of- 1
0
6)pI�—
O�
TOTAL AREA
0.23 AC.
(10,110 SF)
/
/
/
/
.n
0 3 15 30
GRAPHIC SCALE IN FEET
1 "=30'
LEGAL DESCRIPTION:
AUDITOR'S PARCEL 2015023 AS RECORDED
IN BOOK 59 AT PAGE 197 IN THE
JOHNSON COUNTY RECORDER'S OFFICE,
EXCEPT
AUDITOR'S PARCEL 2018136 AS RECORDED
IN BOOK 62 AT PAGE 319 IN THE
JOHNSON COUNTY RECORDER'S OFFICE.
THE RESULTANT PARCEL OF LAND
CONTAINS 12,935 SO. FT.
IRA
m
CIVIL ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319)351-8282
www.mmsconsultants.net
Date I Revision
01-09-19 PERCITYCOMMENT -BAH
SPECIAL EXCEPTION
EXHIBIT
A PORTION OF AUDITOR'S
PARCEL 2015023
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
Date, 1 /8/2019
Designed by: Field Book No:
GDM
Drawn by. Scale:
BAH 1 "=30'
Checked bY: DM Sheet No:
Project No::i 1
IC 9716-002 OF: 1
-�60' Lot Width
EXC18-00008
409.,& 415 Kimball
wF 1 .
At
fr Y
ov
January 22,
2019
City of Iowa City
Dept. of Neighborhood Development Services
Board of Adjustment
Re: case number EXC f 8-00008 Location: 409 to 415 Kimball Road
Linda Annis, formerly of 40? Kimball Road, application for a Special Exception for
Pfoperty Parcel No. 2015023, a vacant lot.
This letter requests the denial of the Special Exception for the following reasons.
Note: Kimball Road's history i relevant in this matter.
March 1843 and 1846:
The United States granted Franklin Kimball a patent giving him ownership of the
land where 409 to 415 is now located.
April 1866:
Franklin Kimball offered and the Board of Supervisors of Johnson County
accepted a thirty foot wide road through his property and officially declared it a public
highway to be maintained by the county.
1920's:
Iowa City incorporated Kimball Road
December 1925:
Ordinance clerk's certificate defines corporate territory and limits of the City of
Iowa City, Iowa including Kimball Road and adjacent properties. Iowa City's zoning
codes were enacted later. Many
of the houses that the applicant cited as non -conforming by current ordinances were
built on undeveloped county farm land. Newer houses complied with the city's
ordinance when built. In the application for Special Exception, the Goff property(445
Kimball Road) was cited as being nonconforming with a very deep setback and with
improper street frontage and driveway. The facts are that the Goff house was built on a
four plus acre plot of undeveloped pasture land. Access to Goff's residence is from a
road already in existence before Kimball Road was incorporated into the city. This was
originally the road to a large barn. The Cilek family drove their horse drawn buggies and
wagons from Kimball Road to the still existing large barn (500 bloco back of house).
There was no cutting of curbs. This is not a blind drive.
The vacant lot between 409 and 415 is not a buildable lot. (See letter from Susan
Dulek/, Assistant City Attorney, 12/5/2018, to Ms. Annis and realtor, Lynn Weinstein).
The applicant created a nonconforming lot by dividing a previously conforming single
family property. The_ nonconforming lot is surrounded by developed property.
In the 1960's Kimball Road was paved changing it from a dirt road with ditches
and dirt covered culverts. Wire field fences separated the undeveloped farm land from
the road. City utilities were installed at this time as well as natural gas lines. Iowa City
designated property along the street as single family dwellings.
In 1962, Jack and Mildred Keller owned property at 401 Kimball Road. They sold
a lot from the east side of their property to Edna Cooney and her husband who then
built the house at 409 Kimball Road in accordance with existing ordinances. There are
high electric transmission lines crossing the eastern part of the lot(utility easement).
i /a
That is why the Gooneys built along the western part of the lot. Their daughter and her
heirs inherited the.;property which was sold to Linda Annis as a single famit with
lawn extending to the back and sides to the property lines.
There is no underdeveloped land in this area. The neighborhood, to this time,
has had a low turnover of properties. Seven of the ten houses in this developed area
are owner occupied, many for more than thirty years. Often, the sale of a property was
related to the illness or death of the property owner. Linda Annis bought 409 Kimball
Road from the heirs of the original builders.
This isn't the first time the applicant tried to divide the lot. The city cautioned her
that there was insufficient land for another house behind the existing house. The
applicant created this problem.
Granting an exception would be inappropriate. Ms. Annis is attempting to sell the
former backyard as a $80,000 building site requiring the cutting of the curb for
construction of a new driveway under the utility lines to an illegal set back building site.
This would create a bland driveway safety concern.
Drivers currently must be alert for pets, deer and families walking on the
sidewalk across the street from the proposed new driveway which would be a
d'strl action. We already have traffic problem& on this 30 foot narrow street. This 30 foot
right of way inc unc u eltenarrow sidewalk. The street's humps need redoing. Some
traffic has been clocked going 40 to 60 miles per hour in this 25 mile per hour zone
street. Traffic has increased since the reopening of the street to N. Dubuque Street.
In the 1950's-1960's urban renewal of downtown Iowa City resulted in many truck
loads of debris being dumped, into cityl p ravines. This dumping occurred behind many
properties on Kimball Road. No care was taken as to asbestoses and other
contaminants. Health concerns mandate that the lot be soil tested and proven safe IF a
house is permitted to be built there. The natural landscape will be altered as well,
reducing the sense of privacy of adjacent nei ors. Additionally, the approval would
add to the densitv and conaestion of this historic. narrow(30 foot) street.
Qggegd new $185,000 house j§ by her presentation
house values that Ms. Annis referred to in her application by
The assistant attorney suggested a solution of the problem by the applicant
buying land from the 415 Kimball Road property. The owners of 415 Kimball Road
should not be pressured to sell land to the applicant. This is a burdensome and
expensive option for both parties.
Conclusion: This application for a Special Exception should be denied.
Sincerely,
Edna E. Pixley, J.D., Ph'D.
Property owner and occupant since 1930 at:
311 Kimball Road
Iowa City, Iowa 52245
2/2
To: Iowa City Board of Adjustment
From: Frederick J. Boehmke and Cynthia M. Farthing
Date: January 30, 2019
Re: Special Exception Request EXC 18-00008
Dear Members of the Board of Adjustment,
We write as the owners of 415 Kimball Road in Iowa City in opposition to the special exception
request filed by Linda Annis, the owner of 409 Kimball Road, to allow her to build a house on
Auditor's Parcel 2015023. We have consulted with legal counsel and, as set forth below, we
oppose this request.
The current owner of 409 Kimball Road purchased it in 2014. She subsequently split the lot in
2015 for the purpose of building a home for herself towards the back of Auditor's Parcel 2015023.
Those plans appear to have changed by fall of 2018, as Ms. Annis listed the house at 409 Kimball
and Auditor's Parcel 2015023 for sale, either together or separately. The house and its lot at 409
Kimball (aka Auditor's Parcel 2015024) has been sold and Ms. Annis recently purchased and
moved into a new residence. Auditor's Parcel 2015023 remains unsold.
Having made an offer to purchase the parcel ourselves, we believe a big reason it has not sold is
that it does not meet the legal requirements of a buildable lot. Ms. Annis understandably prefers
to sell it as buildable lot since its value would be much greater. There appears to have been some
uncertainty about its suitability for building as Ms. Annis told us on many occasions that it was
buildable.
As we were aware that it did not appear to meet the requirements for RS-5, our offer to purchase
Auditor's Parcel 2015023, which Ms. Annis accepted, included a contingency that it be declared
buildable by the City. The letter sent by the City to Ms. Annis and ourselves, a copy of which is
attached, clearly states that the lot as currently configured "is a nonconforming lot under the City's
zoning code." The City suggested three solutions to make it buildable. Two of them would have
required us, as the owners of an adjacent lot, to redraw the lines for 415 Kimball to provide
appropriate width for Auditor's Parcel 2015023, whether by selling some of our lot to Ms. Annis
or after purchasing the lot ourselves. Both of these courses of action would reduce the value of 415
Kimball, and would require direct costs in order to move our driveway to meet the setback
requirement for 415 Kimball. The third option is the special exception process that Ms. Annis is
pursuing.
There are multiple aspects of Auditor's Parcel 2015023 that make it nonconforming. First, the
parcel does not have the required 60' minimum width at the 15' Front setback point for an area
zoned RS-5 (14-4B-3A2). Second, in an attempt to meet the requirement of a 45' width at the
frontage, the front lot angles created in the split are approximately 65 and 115 degrees, which is
outside of the guidance set forth that lot lines should be between 80 and 100 degrees (15-3-4(B)5).
Both failures to meet the requirements were created when Ms. Annis split the original lot for 409
Kimball and created Auditor's Parcel 2015023. The lot has therefore always been nonconforming,
and this request for a special exception seeks to solve a problem of the owner's creation (14-413-
3A2). The Iowa City Code lists the criteria for granting a special exception, and in particular states
{00267368)
that the proposed exception must not "be injurious to the use and enjoyment of other property in
the immediate vicinity and will not substantially diminish or impair property values in the
neighborhood" (14-4B-3A2).
We also believe that, given that the lot is nonconforming, it also constitutes an invalid split when
created four years ago. As Ms. Annis stated to us shortly after she moved in, she hoped one day to
build a small home on the lot. We believe that the City may have given her this impression or may
have made a mistake when it split the lot. We also learned from our neighbors via an email that
they had received from Doug Boothroy, attached hereto, that Ms. Annis had been informed by the
city that the lot as currently constructed in 2015 was nonconforming. Section 354.6 of the Iowa
Code states that "... a subdivision plat shall be made when a tract of land is subdivided by repeated
divisions or simultaneous division into three or more parcels, any ofwhich are described by metes
and bounds description for which no plat ofsurvey is recorded. " This property was originally split
more than 3 times since its conception. The first split occurred in the plat set forth in Book 1, Page
1, Records of Johnson County, Iowa. This split established Lot 18. It was split a second time as
demonstrated by the legal description set forth in Book 4785, Page 352, Records of Johnson
County, Iowa. It was split a third time as demonstrated by the legal description set forth in Book
5315 Page 923, Records of Johnson County, Iowa. Ms. Annis did not follow the procedure outlined
in 354.6 when she split her land. As such, the plat should be vacated as outlined under Iowa Code
Section 354.22, a position supported by our consultations with legal counsel. It would be a mistake
for the City to grant the special exception to Ms. Annis, because she incorrectly thought she had
created a buildable lot or because the City may have made an error in creating a nonconforming
lot.
Thanks for your consideration.
1002673681
Decembers, 2018
Linda Annie
409 Kimball Road
Iowa City, IA 52245
Lynn Weinstein
Blank & McCune
506 E. College Street
Iowa City, IA 52240
Frederick Boehmke & Cynthia Farthing
415 Kimball Road
lows City, la 52245
Dear Ms. Annie, Ms:Weinstein, Mr. Bos imke, and Ms. Farthing:
•^'!.Alb,..,_
CITY of IOWA CITY
410 Fast Washington Street
Iowa city, lows S2240-1876
(3.19) 356-5000
(3(9) 3SS-5009 FAX
wwwacgov.org
On Wednesday, November 29, 2018, staff met with Ms. Annis and Ms. Weinstein to discuss the
vacant lot located in between 409 and 415 Kimball Road (Auditor's Parcel 2015023). As we
discussed in the meeting, this lot is not a buildable lot. The lot is zoned RS-5„which has a
minimum lot width requirement of 60 feet, which is measured at the front setback line (i.e. 15
feet), The current lot width is less than 60 feet and therefore is a non -conforming lot under the
City's zoning code Staff would like to work with you on some possible solutions, which are
w$a v� ii, ,nn n.uw , irv. r.mww,p, o,Woi,
Options for the Current Property Owner (Linda Annie):
1. Special Exception
The City's zoning code provides a special exception process for certain non-confcrrniing lots.
Specifically; the lots must be abutting and under single ownership. The requirements are
outlined in Section 14.4E-7, Regulation of Non -Conforming Lots, of the City's zoning code:
F. In cases where two (2) ormore abutting lots of record have become in single ownership and
are deemed a single parcel as set forth In subsection E of this section, the board of
adjustment may grant a specla/ exception to reestablish a lot of record previously Combined
with an adjacent lot in order to allow a single-famrly dwelling and accessory buildings to be
Installed on said lot, notwithstanding a failure to meet the requirements of the zone for lot
area or lot width; provided the following conditions are met:
1. Granting of the requested exception results in appropriate, compatible development with
surrounding residential development,
2. The dwelling must be located on a lot of record that Is at least forty feet (40) in width and
3. The request meets all other standards and requirements of this title,' including setback and -
frontage requirements.
All Special Exceptions must also meet the following criteria outlined Section 14.4E-3A:
December 5, 2018
Page 2
A_ Appmva! Cd&nW. /it ordarhr giant a spwoW exoWlion, the board must find that the applicant
rneete the speeihC t:plerotvii crtAavra set Rwm Ar this (mew" respect tome ftfopfile i
exwepNOrt The booed must also find that the oppficmntmaels the torlotpirrg ganarai approvai
arkena Or Mat Me fdlowing o *68 do € al apply'.:
t. The specfflc proposed exception will not be detrimental to or endanger the public health,
ssfety, comfort or general welfare,
2. The specific proposed exception W91not be injurious to the use and enjoyment of other
property in the Immediate vkinity and will not substantially diminish or fmpeirpmPartyvalues
in the: neighborhood.
3. Establishment of the specific proposed exoaplfun w#I riot IWO06 Ma nonrral and orftw
development and improvement ofthe -surrorxdng pnWoify for uses permliltad in me dlsllktin
which such property is located.
4, Adequate &AUs, access roads, drainage and/or necessary fat ias have been or are being
provided,
5. Adequate measures have been or will be taken to provide ingress oregress designed to
minimize traffic congestion on public streets,
a
zone in which it is to
to the'excepti,
7. The proposed,exception will be consistent with the Comprehensive Plan of the CO, as
amended;
A spectall exception repuirea review and approval by the Board of Adjustment. The application
fee is $450, which the City will waive In this instance, and requires notification of neighbors, to
terms of the process, staff will work with the applicant, develop a staff report, and make a public
presentation to the Board of Adjustment. The Board discusses the application and either votes
to approve, approve with conditions, ur deny the application, Staff will likely recommend a
condition that will require a build -to line to ensure that any home built on the lot will have a
similar setback to the homes in the immediate vicinity. In addition, approvals by the Board of
Adjustment lapse In 8-months;, however, the Board may extend this period or review a request
for an extension. if the special exception is granted, the lot will be a buildable lot,
2. Re -Platting
Another option is to submit an application for a Final Plat. In this case, the Final Plat process
would allow for the re -subdivision of the land. This process would allow for the re -drawing of lot
iines. In addition, this process would require coordination with the property owners at 415
Ki ttbell Road since a portion of the prop" at 415 Kimball Road would need to be conveyed to
the lot its question,
Prior to submitting this application, the applicant would need to work with a consulting firm to
conduct a survey to ensure that the new lot boundaries meet the dimensional requirements of
the zoning code and that the existing home at 415 Kimball Road meet other zoning regulations
(e.g. open space requirements, driveway spacing distances, setbacks).
r
December 5, 2018
Page,3
The Final Plat process requires review and approval by the City Council. Upon receipt of a final
Plat application, staff distributes: the plat to a variety of different departments for review. After
the staff review, a staff report is prepared and submitted to the City Council. The application fee
for a Final Plat is $775, which the City will waive. Upon approval by the City Council the Final
Plat would be recorded with the Johnson County Recorder's Office. Approval of a Final Plat
results in an official, recorded plat that identifies the legal of lot of record.
3. Boundary Line Adjustment
Athird option is a boundary line adjustment where the property owner requests a re -drawing of
the existing parcel lines. In this instance, the current owner, Ms. Annis, would need to work with
the property owners at 415 :Kimball Road since a portion of the property, at 415 'Kimball Road
would need to be conveyed to the vacant parcel in order for it tobebuildable.
Similar to the re -platting option, approval of a boundary line adjustment depends on ensuring
that both parcels meet the minimum dimensional requirements of the zoning code. In addition,
the existing home on 415 Kimball Road would need to most all other zoning regulations (e.g.,
minimum open space, driveway spacing distances, setbacks). Again, working with a consulting
firm would be required,
A boundary line adjustment Is an administrative process that does not require a public process.
After review and approval by City staff, the boundary line adjustment is recorded with the
Johnson County Recorder's Office, Unlike the re -platting process, a -boundary line adjustment
does not result In the creation of an official, recorded plat, but would result in a buildable parcel
nfranrl
Options fora Future Buyer:
1. Speclat Exception
The special exception process outlined above is only an option if the property owner at 415
Kimball Avenue or the future owner of>409 Kimball Avenue purchases the property, since a
requirement of this process is that "(2) or more abutting lots of record have become in single
ownership and are deemed a: single parcel"
2. Re Platting
The re -platting process outlinedaboveis only an option If the new property owner is able to
coordinate with the property owners at 415 Kimball Road. This is necessary since a portion of
the property at 415 Kimball Road must be conveyed to the vacant lot.
3. 'Boundary Line Adjustment
The boundary line adjustment process outlined above is only an option if the new property
owner is able to coordinate with the property owners at 415 Kimball Road. This is necessary
since a portion of the property at 416 Kimball Road must be conveyed to the vacant lot.
December 5, 2018
Page 4
Verification on utilities
Additionally, you requested verification that public water and sewer are avadWe and acoassitks
to the vacant, curnarely unbulkiable lot. Public 1+uorks staff confirmed that the lot has access to
public water and sanitary sewer. There is 8-foot diameter cast Iron watermain and 8-foot
diameter V.S.P. sanitary sewer in the Kimball Road right-ef-way adjacent to the property.
Thank you again for your time. Please feel free to contact me should you have any questions or
require additional information. I can be reached at either or at (310)
3WS630. If you would like to pursuer any of the opera listed above, please oontect Anne
Russell at Ili$ owit-taty ors or at (319) 3W-6261 Anyone needing legal advice
should consult whir ills or her attorney.
Sincerely,
Susan Dulek
Assistant City Attorney
Copy to: Tracy Hightshoe, Director NDS
Anne Russett, Senior Planner
Danielle Sitzman, Development Services Coordinator
jam Vanr4
From: Cameron Vanni ecarrvanni@grlaii com>
Sent: Thursday, June 11, 101511;55 AM
To: Jerry Vanni
Subjectt Fwd: Kimball Road concerns
4 copies, please
---------- Forwarded message ---------
From: Doug Boothroy rDeug }3notlira;kiiow:t c i* .or > l I
Date: Thu, Jun 11, 2015 at 11:48 AM
Subiect: Kimball Roadconcerns1 r r
To -.'"Cameron Vanni cantv-am, )" < mg a+l. wni
Mr. Vanni,
Update: I talked to property owner today and told her that the new lot as currently designed doesn't have
enough lot width to be buildable. She is reevaluating her options.
-----Original Message ----
From: Doug Boothroy
Sent Tuesday, .Tune 09, 2015 10.17 AM
To: Cameron Vanni (carivann u' anail.comj
Cc: Jim T]h�Lrogmorton; Tort Markus
SZubject: 1. ; From C. Vanni re: Kimball Road concerns
Mr, Vanni,
I'm Doug Boothroy, Director of the Department of Neighborhood & D velopment Services and I've been asked
to respond to your questions I've provided a response below located under each of your questions. If yoga have
tiny further questions please e-mail or call me @356-5121.
-----Original Message-----
From;Tone Markus
Sett: Monday, June 08, 2015 11:53 AM
To: Doug Boothroy
Cc; Jim Throgmorton
Subject- FW: From C. Vanni re: Kimball Road contems
Picasc prepare an appropriate tesp ons,%
-----Original Message-..
From: Jim Throgmorton
Scant: Monday, June 08, 2015 11:144 AM
To: Tom Markus
Subject: Fw: Fruni C. Vanni re: Kimball Road concerns
Hi Tom.
Another message from a constituent When we've completed action on `I he Chauncey, would you please ask a
staff person to respond to Mr. Vanni (see below') with a copy to me.
Thank you.
Jim Throgirorton
District C. Iowa City City Council
Please Note: No correspondence (including emails) to City Council is confidential. All correspondence
(including emails) to me as a City Council member about City issues is a public record.
From: Cameron Vanni leans anni u gmail.com
Sent: Saturday, June 06.2015 9:20 AM
To: Jim Throgmorton C-12-'
Subject: From C, Vanni re: Kimball Road concerns +.e 4, C
Doar Mr. Throgmorton; DE
We hati es
e been Kimball Road residents for 30 years. It is a beautiful neighborhood d�ite the narrow road and
cut -through traffic..
This spring the 409 Kimball Road property has come to our attention. It was sold last summer and appears to
have become a rental .property. This spring surveyor pins appeared between the adjacent properties. Then about
a week ago another set of pins towards the center of the property appeared.
'['be word is that the current property owner has obtained permission to split the property and build another
home behind the existing home.
As I've driven the streets of I.C. I've noticed signs reading: Special Exceptions or at least some formal
notification of a change of status with an existing property.
I am very curious about:
1. Ilow a single property will allow for safe driveway access to the street?
The lot in question was divided by the owner to allow her to construct a single family home Kimball Rd.'s
safety has been improved with the City's installation of "traffic calming" measures which has reduced speeds
and "cut through" traffic. One additional curb cut to serve one infill single family unit should not pose a safety
issue. Preliminary plans by the owner show a small two bedroom home under consideration for the new lot.
2. Can any of our Kimball Road properties become "stacked" properties holding several buildings without
proper notification of the city/neighbors.
Any property owner has the right to divide their property once without City Council approval. However, any
division of land that exceeds I000sq. ft. in area must go through a City administrative review which is done by
this office (Dept. of Neighborhood & Development Services). The purpose of the administrative review is to
'censure compliance with the City's Zoning; Subdivision codes. An administrative review was done and the
division was approved.
3. How will the Mid -American casement be treated IF such changes will occur.
The division has no bearing on the enforceability of existing easements; Any change to existing easements
y-�� V2
Dear Mi: "rhrogmorton,
We have, been Kimball Road residents for 30 years. It is a beautiful neighborhood despite the narrow road and cut -through traffic
This spring the 409 Kimball Road property has come to our attention. It was sold last summer and appears to have become a rental
prepom This spring surveyor pins appeared between the adjacent properties, Tlien about a week ago another set of pins towards the
center of the property appeared.
The word is that the current property owner has obtained permission to split the property and build another home behind the existing
home.
As I've driven the streets of i C, I've noticed signs reading: Special Exceptions or at least some formal notification of a change of
status with an existing property.
I am very curious about: TT''
iJDUriiflr 5 Yl--S�]CrIS:
1. How a single property will allow for safe driveway access to the street7 t e x f
The lot in question was divided by the owner to allow her to construct a single family home GiKimball Rd"s safety has been
improved with the City's installation of "traffic calming" measures which bas reduced speeds and "cut through" tragic. One
additional curb cut to serve one Infill single family unit should not pose a safety issue, Preliminary plans by the owner show a
small two bedroom home under consideration for the new lot.
2. Can any of our Kimball Road properties become "stacked" properties holding several buildings without proper notification of the
citylneighbors.
Any property owner has the right to divide their property once without City Council approval. However, any division of land
that exceeds IOOOsq, ft.. in area must go through a City administrative review which is done by this office (Dept of
Neighborhood & Development Services). The purpose of the administrative review is to ensure compliance with the City's
Zoning / Subdivision codes. An administrative review was done and the division was approved.
3. How will the Mid -American easement be treated IF such changes will occur.
The division has no bearing on theenforceability of existing easements. Any change to existing easements would need
approval from the party holding the easement rights.
i appreciate any/all information regarding this disturbing change/trend in our residential neighborhood. Your investigation of
the noted concerns is greatly appreciated.
Pouts,
Cameron. Vanni
319-338-5628<teI:3I9-338-5628>
To: Iowa City Board of Adjustment
From: Neighbors of 409 Kimball Road, Iowa City
Re: Case No. EXC18-00008/Objection to Application for Special Exception
Dear Board of Adjustment:
The undersigned are neighbors of 409 Kimball Road. We have been informed that Linda
Annis, the owner of 409 Kimball Road, has requested a special exception to reduce the required
amount of frontage along Kimball Road to allow for the construction of a second home on her
property. We strongly oppose this request for the following reasons:
First, it is important to know the background of this property. As shown in Attachments A.1
and B, Ms. Annis bought 409 Kimball Road in 2014. She paid $174,000.00 for this property.
As shown in Attachment A.2, which is the deed that the owner prior to Ms. Annis received
when she bought the property, the property has historically been legally described using the
same one -lot legal description that was used when Ms. Annis bought the property. In other
words, the property has historically been only a single lot.
However, in 2015 Ms. Annis divided the property into two parcels. On Attachment C, the
parcel that she purchased in 2014 is outlined in yellow and the new lot she created is shown in
pink. Then, as shown in Attachment D, in 2018 she again split the property and the single lot
she purchased in 2014 has now been divided into three separate parcels.
Ms. Annis now desires to sell the 409 Kimball Road property in multiple pieces. As shown in
Attachment E she has listed the single family dwelling for sale at a price of $220,000.00 . And as
shown in Attachment F she has listed one of the new lots that she created out of her original
tract for $80,000.00. This newly created lot, however, does not meet the City's requirements
for a buildable lot. Despite this, Ms. Annis desires a special exception so that a new house can
be built on this new lot which she will sell at a substantial profit.
The above background is very important because according to the City (See Attachment G) a
special exception in this situation may only be granted if, among other requirements, two or
more existing lots are being consolidated under a single ownership. The City Code is very clear
on this point:
14-4E-7: REGULATION OF NONCONFORMING LOTS:
A. Any conforming use or structure for a conforming use may be established or installed on a lot of record that is
nonconforming with regard to lot frontage or lot width, provided the minimum lot area required for the use is met,
and provided the use or structure meets all other requirements ofthis title
B. Any use or structure for a use, either one of which requires more lot area than presently exists, is prohibited,
except as provided in subsection C of this section.
C. In any zone in which single-family uses are permitted, a single-family use and accessory structures may be
established on any lot of record, notwithstanding failure to meet the minimum lot area requirement of the zone in
which the lot is located. (NOTE -Ms. Annis does not have a shortage of lot area —she has insufficient frontage so
this paragryph is notapplicahle.)
D. All existing conforming and nonconforming uses and structures located on a nonconforming lot will be treated as
if such uses and structures were established on a conforming lot. However, no use or structure for a use, either one
of which requires more lot area than presently exists and the structure of which has been destroyed or damaged by
fire, explosion, act of God or by a public enemy to the extent of seventy five percent (75%) or more of the assessed
value of the structure, shall be restored, except in compliance with the provisions of this title.
E. If two (2) or more abutting lots (or portions thereof), one or more of which are nonconforming, become in single
ownership, the land involved shall be deemed a single parcel for the purposes of this article, and no portion of said
parcel shall be sold or used in a manner which diminishes compliance with lot frontage, width and area
requirements, except as allowed in subsection F of this section by special exception.
F. In cases where two (2) or more abutting lots of record have become in single ownership and are deemed a single
parcel as set forth in subsection E of this section, the board of adjustment may grant a special exception to
reestablish a lot of record previously combined with an adjacent lot in order to allow a single-family dwelling and
accessory buildings to be installed on said lot, notwithstanding a failure to meet the requirements of the zone for lot
area or lot width, provided the following conditions are met:
1. Granting of the requested exception results in appropriate, compatible development with surrounding residential
development;
2. The dwelling must be located on a lot of record that is at least forty feet (40) in width; and
3. The request meets all other standards and requirements of this title, including setback and frontage requirements.
(Ord. 05-4186, 12-15-2005)
The above Code section applies when the same owner combines two or more existing lots.
Ms. Annis, however, is attempting to do the exact opposite of combining lots. Instead she
wishes to split off ownership of multiple lots. This is not what city code permits a special
exception to be granted for.
Her application has other problems as well. Rather than providing any substantive facts to
support her claim that she meets requirements, Ms. Annis instead simply states conclusions
without any evidence or facts. The following are examples of her failure to provide proof that
the Specific Criteria required by City Code have not been complied with: (I) she does not
provide a legal description for her new lot. (2) She does not provide a proper plat and site plan
showing dimensions, trees, parking, etc. This is extremely important because the site is heavily
treed and steeply sloped and may in fact be within an environmentally sensitive area because of
this. Likewise, the information regarding the City Code's General Approval Criteria contained in
her application is incorrect. For example, granting the application would be detrimental to the
comfort, safety and general welfare. Specifically, allowing another home to access Kimball Road
would create a "blind" driveway entrance at the crest of Kimball Hill. Kimball Road is already
narrow, curvy, and without shoulders and this driveway would be yet another danger. Further,
granting the application would be out of character with the neighborhood. The present homes
on the north side of Kimball Road in this area are on large lots which enjoy a view of a large
wooded ravine. What is being proposed will disrupt this view and create a very small, out of
character lot. This change will certainly decrease the desirability and property values of these
adjacent tracts and will impair the enjoyment of these properties as a result of this out -of -
character development.
In summary, Ms. Annis has not suffered any inconvenience or injury. Her situation is entirely
self-created. she simply wants to increase her monetary profit at the expense of her neighbors
by building an out -of -character home on a nonbuildable lot in an already fully developed
neighborhood. Further, denying her request will cause her no hardship or inconvenience as she
will continue to have what she originally bought— a single family home on one lot. Her
application should be denied.
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Pa
CCURr OFFICER DE:=D
The Estate of Daphne J. Fuhimeister,
Deceased
now pending in the Iowa District Court in and for Johnson County.
Probate No.ISPRO30372
Pursuant to the authority and power vested in the undersigned,, and in consideration of
One, Dollar(s) and other valuable :cbnsideration,
the undersigned, in the representative capacity designated Below, . hereby : Convey(s) to
Linda Annis, a singe person
e following described real estate in on County, Iowa:.,
Commencing at the Southeast corner of lot 19 in e . ubdRsion ofthe SEl of Sec 3, Twp 79'N, 6
West of the 5th P M , according to the plat of said Subdivision recorded in Plat Book 1, Page.1, Plat
Records of Johnson County, Iowa, thence Southwesterly along the Northerly right of way ofiCimbau
Road 100 feet to an iron pin; thence Northwesterly included angle 90 degrees 150 feet, thence
Northeasterly parallel with Kimball Road, included angle 90 degrees, to the east line of said Lot is,
thence Southerly along the East line of said Lot 18, 194.20 feet to the point of beginning, subjeet to
easements and restrictions of record.
Words and phrases herein, including acknowledgement hereof, shall be constrtiedsas in
the singular or plural number, and as masculine; feminine or neuter gender, according to the
context.
Dated: % 2 1 D J
Cj
Title David L. Yansky
By
Title
As *in the As _&ecator. - *in the
above entitled estate or cause. above entitled estate or cause.;
*Executor, Administrator, Guardian, Conservator, Trustee, Referee, Commissioner, or Reoeiver
Book: 5315.:Page:i 923 Seq:2:
Page 1 of 1
Transfer tea 'S 00
Recording Fee /0 CO
7014. U U
hLE0110
90CHdJ- -5
90FEB-2 All B 09
�` U v COURT OFFICER DEED
°"'"� IN 7119 MATTER OF
771E ESTATE or
GEORGE W. COONET. DECEASED
C: 'J&a
bn, i•.nd u- Iniq
raw perdeig inihe Iowa District Court
in and for Johnson County Iowa No 21443
Pursuant to the authonfy and power vested in fheundersigned andnoonslderstionof ten
Daaars(s) and other varuebre consideration, the undersigned, in the representative capacity designated below hereby
Convoy to— Dnnhna Pu.{,mn{e,.e. I
the following described real estate In Johnson County Iowa
tbrmrenci.nq at the Southeast earner of Lot 18 in the
Subdivrslol Of the SEll of Sao 3, TWP 79 N , R 6 West
of the Sth P M , according to the plat of said
SttbdiViaion recorded in Plat Book 1, Page 1, Plat
Records of Johnson county, Iara. thence Southwesterly
along the Northerly right of ray of Kimball Road 100
feet to an iron pin; therre Nortlniesferly included angle
90 degrees 150 feet, therm Northeasterly parallel with
Kimball Road, included angle 90 degrees, to the east
line of said Lot 18, thence Southerly along the East
lure of said Lot is, 184.20 feet to the point of
beglrnnrng, subject to easements of record
Consideration less than $500 00 no revenue stamps required
Exempt from Declaration of Value pursuant to Exemption 3
Exempt from filing Groundwater Ilazard Statement
Words and phrases harem• Including acknowledgment horeol,shaR be tormbuedas In the singuluor piurW number,
and as masculine femmme or traitor gender according to the context
Dated December 31, 1989'
MTATF. OF GEORGE W COONEY, DECEASED
DNiAi FUdF � I•R, Evecuror�lrnte Title
Title
�l 1 As ._Exem,r,n* in the above enh As
�esiaiewwuse hedestateorcause in the each
Executor, Administrator Gua Ian Conservator, Tfustee Referrer,, Comm smonor or Receiver
/_' It! •UfaRaMIM�OW,mbidygW RubnotldarbYaMN„mMs Bou^ I M f: 543
IM Book: 11
Iowa City
https://lowacity.iowaassessors.com/parcei.pnp tgta=j a 1 uvo
=ow#, t ay An"U e
WnguaN ARpmbh NI;i
Parcel Number:
1003451011
Deed Holder:
ANNIS, LINDA
Property Address:
409 K[MaALL RD
IOWA CITY MAP THIS ADDRESS
PDF Name:
RESIDENTIAL
Class:
RESIDENTIAL
Map Area:
20100-RES
Sec-Twp-Rng:
--
Lot-Block:
18-
Legal Description:
03-79-6, SUBDIVISION OF SE 1/4 THAT PART OF LOT 18 DESCR AS AUDITOR'S PARCEL 2015024 IN SURV BK 59 PG 197
Property Report:
PROPERTY REPORT (PDF FILET
Current value as of January 01, 2018 - Taxes payable September 2019 and March 2020
Land Value Dwelling Value Improvement Value Total Value
$54,390 $98,110 $0 $152,500
Prior Year Value Information
Year Land Value Dwelling Value Improvement Value Total Value
2018 $54,390 $9B,110 $0 $152,500
2017 $54,390 $98,110 $0 $152,500
More Years...
Land Front Foot Information
Lot Front Rear Side 1 Side 2
Main Lot 55.06 53.06 150.00 150.00
Residential Building Information
Occupancy Style Year Built Total Living Area
..._... ._. ..__....... __._.._. ................ _......_...- ._._........ ....._.. .._. ._ _. _. , _... __.. ............... .. ..........
- Single -Family / OwneOccupied 1 Story Frame 1962 1,008
_ Sale Information
Sale Date Amount Non -Useable Transaction Code Recording
11/21/2014 $174,000 0- Normal 531S-9�
--i_._..'._�____.�.-
1 of 3 1/21/2019, 10:45 AM
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NOTES: 1) ALL FOUND PINS ARE 5/6'0 REBAR PINS WITH YELLOW PLASTIC CAPS
NO, 8155 UNLESS NOTED OTHERWISE
2) THIS PARCEL IS A PORTION OF WVIIiNMENT LOT 4 IN SEC, 3-T79N-
R6W OF THE 57H RM., IOWA CITY. JOHNSON COUNTY, IOWA..
3) SEE THE AREA SUMMARY NOTED BELOW.
AREA SUMMARY
AUOITOWS PARCEL W15024 + AUDITOEYS PARCEL 201813E = "3 ACRE
W09 SO. Fr. + 2001 SO. FL - 10,110 SQ. FL
AUDITOR'S PARCEL 2015023 - AUDITOR'S PARCEL 2018136 - 0.30 ACRE
14936 SO. FT. - 2001 SO. FT. - IZO35 SO. FT.
LEGEND
AND NOTES
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1917 S. GILBERTSr.
IOWA CITY. IOWA 52210
(319)351-8262
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PLAT OF SURVEY
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LU 1 5/ LAND AGENT REPORT
MI5 #:
20186075 Status:
New
Ownership Type:
Lot/Lan
ii4.-.•
Address:
409 Kimball Lotl8
. g•.r -
Iowa ify--�""'-' 52245
Area:
Iowa City
DOM: 7
Dst Price:
$80,000
Original Price: $80,000
i -
Owner:
Annis, Linda
Virtual Tour: Virtual Tour
.. List Agents:
Lynn Weinstein
List Braked:
Blank & McCune, The Real Estate Co., Inc.
Cell: 319-400-0335
Dst Agent2:
Off: 319-354.9440
List Sroker2:
Dsting Date:
1O/23/2018 apiatlon Date: 12/31/2018
County:
Johnson Dom: 2 lynnkweinstemOgmall.com
Subd: None
^v
Cr3
Builder.
Tax ID;
100345010
Zoning:
Residential
Gro Tx(Cnty/City);
$928.92
®
Lot Dim;
45x150x154x150
Tax Year Report;
2017
Plat Page:
Township/Range:
197
Annual Assoc Fee:
0
7916
Elementary School:
Shimek
Section:
3
Jr./Middle School:
Southeast
Lot:
18
High School:
city
Block:
0
Variable Rate;
No
Acreage:
0.34
Comm. to SB ($/%):
2.5%
Virtual Tour
Price Per Acre:
T-Val:
Lease Value:
Listing Office:
Fax: 319-3544550
Buyers Name:
PendingDate:
Sold Price;
Selling Agent 1;
Closing Costs
g
Closing Date:
Sales Term:
Selling Office 1;
AMENITIES:
Close tO School, Close to Shopping
LOT SIZE:
Less Than .5 Acre
TOPOLOGY:
Gentle Rolling
PRESENT USE:
Platted
POTENTIAL USE:
Residential
IMPROVEMENTS:
Curb & Gutter, Partially Wooded
STRUCTURE:
None
ROAD FRONTAGE:
Pavement
UTILITIES AVAILABLE: Water -City
WATER;
DOCUMENTS:
Aerial Photo
POSSIBLE FINANCING: Cash, Conventional
PHOTO CODE:
Broker Loaded
SHOWING INSTRUCTIONS: See Remarks
Directions:
Dubuque St to Ridge Rd to Whiting to Kimball Rd
Remarks: Rare City find. 1/3 acre wooded lot with close proximity to elementary school, town, shopping and Interstate. Park -like setting; walk -out
posslbil les. No further restrictions other than city requirements.
Addendum: *View MMS Plat Map on associated dots *Can be purchased as package with 409 Kimball Or
This information is deemed reliable, but not guaranteed.
&f �'�CC� .. La•�
6P ��
December 5, 2018
Linda Annis
409 Kimball Road
Iowa City, IA 52245
Lynn Weinstein
Blank & McCune
508 E. College Street
Iowa City, IA 52240
Frederick Boehmke & Cynthia Farthing
415 Kimball Road
Iowa City, IA 52245
Dear Me. Annis, Ms. Weinstein, Mr. Boehmke, and Ms. Farthing:
! P )
At
nuo:��'77G r.
CITY OF IOWA CITY
410 East Wash]ngton Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-S009 FAX
www.icgov.org
On Wednesday, November 29, 2018, staff met with Ms. Annis and Ms. Weinstein to discuss the
vacant lot located in between 409 and 415 Kimball Road (Auditor's Parcel 2015023). As we
discussed in the meeting, this lot is not a buildable lot. The lot is zoned RS-5, which has a
minimum lot width requirement of 80 feet, which is measured at the front setback line (i.e. 15
feet). The current lot width is less than 80 feet and therefore is a non -conforming lot under the
City's zoning code Staff would like to work with you on some possible solutions, which are
outlined In this letter in no particular order.
Options for.the Current Property Owner (Linda Annis):
1. Special Exception
The City's zoning code provides a special exception process for certain non -conforming lots.
Specifically, the lots must be abutting and under single ownership. The requirements are
outlined in Section 14-4E-7, Regulation of Non -Conforming Lots, of the City's zoning code:
F. in cases where two (2) of more abutting lots of record have become in single ownership and
are deemed a single parcel as set forth fn subsedfon E of this section, the board of
adjustment may grant a specaa/ exception to reestablish a lot of record previously combined
with an adjacent lot fn order to allow astogie-family dwelling and accessory buiidings to be
Installed on said lot, notwithstanding a failure to meet the requirements of the zone for lot
area or lot width, provided the following conditions are met:
1. Granting of the requested exception results in appropriate, compatible development with
surrounding residential development;
2. The dwelling must be located on a lot of record that is at /east forty feet (40) in width; and
3. The request meets all other standards and requirements of this title, including setback and
frontage requirements.
All Special Exceptions must also meet the following criteria outlined Section 14-413-3A:
December 5, 2018
Page 2
A. Approval Criteria: In order to grant a special exception, the board must find that the applicant
meets the speoifio approval criteria set faith In this title with respect to the specific proposed
excepton. The board must also find that the applicant meets the following general approval
crrteda or that the following criteria do not apply, -
I. The spectfto proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare.
The specryic proposed exception will not be injurious to the use and enjoyment of other
property In the lmmedlate vicinity and wdl not substantially diminish or/mpair property values
in the neighborhood
3. Establishment of the specffic proposed exception will not Impede the normal and orderly
development and improvement of the surrounding proparly for uses permitted In the district in
which such property is located
4. Adequate utilities, access roads, drainage and/or necessary fedIfties have been or are being
Provided,
5. Adequate measures have been or will be taken to provide ingress or agress designed to
minimize haft congestion on public streets.
5. Except for the speofc regulations and standards applicable to the exception being
considered, the specific proposed exception, In all other tespects conforms to the applicable
regulations or standards of the zone in which it is to be located.
7. The proposed exception will be consistent with the Comprehensive Plan of the CO,
amended
A special exception requires review and approval by the Board of Adjustment. The application
fee is $450, which the City will waive In this instance, and requires notification of neighbors, In
terns of the process, staff will work with the applicant, develop a staff report, and make a public
presentation to the Board of Adjustment. The Board discusses Via application and either votes
to approve, approve with conditions, or deny the application. Staff will likely recommend a
condition that will require a build -to line to ensure that any home built or, the lot will have a
similar setback to the homes in the immediate vicinity. In addition, approvals by the Board of
Adjustment lapse in 5-months; however, the Board may extend this period or review a request
for an extension. If the special exception is granted, the lot will be a buildable lot.
2. Re -Platting
Another option is to submit an application for a Final Plat. In this case, the Final Plat process
would allow for the re -subdivision of the land. This process would allow for the re -drawing of lot
lines. In addition, this process would require coordination with the property owners at 415
Kimbell Road since a portion of the property at 415 Kimball Road would need to be conveyed to
the lot in question.
Prior to submitting this application, the applicant would need to work with a consulting fine to
conduct a survey to ensure that the new lot boundaries meet the dimensional requirements of
the zoning code and that the existing home at 415 Kimball Road meet other zoning regulations
(e.g. open space requirements, driveway spacing distances, setbacks).
December 5, 2018
Page 3
The Final Plat process requires review and approval by the City Council. Upon receipt of a Final
Plat application, staff distributes the plat to a variety of different departments for review, After
the staff review, a staff report is prepared and submitted to the City Council, The application fee
for a Final Plat is $775, which the City will waive. Upon approval by the City Council the Final
Plat would be recorded with the Johnson County Recorder's Office. Approval of a Final Plat
results in an official, recorded plat that identifies the legal of lot of record.
3. Boundary Line Adjustment
A third
option Is a boundary line adjustment where the property owner requests re -drawing of
existingthe parcel lines. In this instance, the current owner, Ms. Annis, would need to work with
the property owners at 415 Kimball Road since a portion of the property at 415 Kimball Road
would need to be conveyed to the vacant parcel in order for it to be buildable.
Similar to the re -platting option, approval of a boundary line adjustment depends on ensuring
that both parcels meet the minimum dimensional requirements of the zoning code. In addition,
the existing home on 415 Kimball Road would need to most all other zoning regulations (e.g.,
minimum open space, driveway spacing distances, setbacks). Again, working with a consulting
firm would be required.
A boundary line adjustment is an administrative process that does not require a public process.
After review and approval by City staff, the boundary line adjustment is recorded with the
Johnson County Recorder's Office. Unlike the re -platting process, a boundary line adjustment
does not result in the creation of an official, recorded plat, but would result in a buildable parcel
of land.
Options for a Future Buyer:
1, Special Exception
The special exception process outlined above Is only an option if the property owner at 415
Kimball Avenue or the future owner of 409 Kimball Avenue purchnses the property, since a
requirement of this process is that "(2) or more abutting lots of record have become in single
ownership and are deemed a single parcel-
2. Re -Platting
The re -platting. process outlined above is only an option if the new property owner is able to
coordinate with the property owners at 415 Kimball Road. This is necessary since a portion of
the property at 415 Kimball Road must be conveyed to the vacant lot.
3. Boundary Line Adjustment
The boundary line adjustment process outlined above is only an option if the new property
owner is able to coordinate with the property owners at 415 Kimball Road, This is necessary
since a portion of the property at 415 Kimball Road must be conveyed to the vacant lot.
December 5, 2018
Page 4
Verification on utilities
Additionally, you requested verification that public water and sewer are available and accessible
to the vacant, currently unbuildable lot. Public Works staff confirmed that the lot has access to
public water and sanitary sewer. There is 6-foot diameter cast iron watermain and 8-foot
diameter V.S.P. sanitary sewer in the Kimball Road right-of-way adJacent to the property.
Thank you again for your time. Please feel free to contact me should you have any questions or
require additional information. I can be reached at either sue-dulekQ-10wa-city oro or at (319)
356-5030. If you would like to pursue any of the options listed above, please contact Anne
Russett at anne-russAtr90lowa-city cm or at (319) 366-5251. Anyone needing legal advice
should consult with his or her attorney.
Sincerely,
Susan Duiek
Assistant City Attorney
Copy to: Tracy Hightshce, Director NDS
Anne Russett, Senior Planner
Danielle Sitzman, Development Services Coordinator
Summary of Facts:
1) Kimball Road is not "fully developed" as there are 8 vacant lots (not including
the Annis lot) that have "Kimball Road" as an address, 3 of which have direct street
access and are currently buildable as per current city code.
Please see page 2 for the parcel information for the 8 other vacant lots.
2) There are a wide range of house types on Kimball Road including rental units.
A majority of these homes (as per the Johnson County Web Site) have assessed
valuations that are under $195,000 (including both house and land values).
Please see page 3 for the details.
3) The Annis lot has plenty of room to build a very nice, modestly priced house (under
$199,000) that would be completely within the City's mission of creating more owner
occupied "affordable housing." This lot is compliant with city code with one exception:
the 15' rule. Furthermore, the residents (owners and renters) would not be harmed
in any way, in fact, a new house will often helps inflate adjacent property values.
Please see page 4 for the anticipated impact to the street and adjacent house.
Please see page 5 and 6 for photographs of the Annis lot
Please see page 7 for conformation of the City's earlier safety approval
4) Ms. Annis has spoken with several experienced builders (including Mike Hodge and
Kevin Hanick) regarding the modest (2 bedroom, 2 bath house with an unfinished
basement and an attached garage) she would like to build for herself and has
confirmed this can be done within her limited budget.
Please see page 8 for an example of a new listing of a new house built in 2019 in
this price range.
5) One of the vacant lots referenced on page 2 originally had a house located on it.
It was demolished by the new owner, resulting in a loss of property taxes derived
from Kimball Road. This potential new house could replace that property tax loss and
have a positive effect to all the beneficiaries of our real estate tax dollars.
6) There has been significant property sales on Kimball Road only 1 from "death of owner"
Please see pages 9- 11 for the details.
7) And last, the denial of this request would result in hardship for Ms. Annis both
financially (for surveys, consulting and legal fee, etc.) as well as emotional
damage. Ms. Annis is a single, elderly woman (63 years old) that has numerous
medical issues. She has worked at the University of Iowa for over 40 years and
always dreamed of building an energy efficient ranch on a wooden lot, close to
campus and UIHC for her retirement years in a safe area within walking distance
of amenities (groceries, medications, gas etc.) for which this property is perfect.
Please also note that Ms. Annis is a safe, cautious, conservative, and considerate
driver that has never been in a traffic accident and drives a small car (2017 Spark).
She has spent thousands of dollars landscaping her current property (409
Kimball Road) and would do the same at her new house. Furthermore, she is a
devout tree lover and would never remove a tree unless it was absolutely necessary.
tea s
65' X 188'
100' X 220'
12,220 SF
22,000 SF
Sold 1112000 for $110,000
Owner demoslished
the house in 2003
Parcel Number: 1 D03404003
1003404003
Property
KIMBALL RD
Address: 535 KIMBALL RD
(next door to 311)
PDF Name:
Residential
Class:
RESIDENTIAL
Map Area:
20100-Res
2 Acres
87,991 SF
1003453002
KIMBALL RD
(next door to 330)
Residential
Residential
RESIDENTIAL
RESIDENTIAL
20100-Res
20100-Res
323' X 86'
60' X 130'
1.72 Acres
.17 Acres
1.77 Acres
.64 Acres
.179 Acres
74.923 SF
7,418 SF
76,927 SF
Sold 9/2014
Sold 12/17
for $250,000
for $156,000
Parcel
Number:
1003453013
1003403021
1003403014
1003403014
1003479002
PDF Name:
Residential
Residential
Residential
Residential
Residential
Class:
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
Map Area:
20100-Res
20100-Res
20100-Res
20100-Res
20100-Res
=1,
TR"
Sec'�(Con Johnson County, IA Valuation
HOUSES with Valuations less than $200,000
(including land): 34
1003405013 $ 106,380 530 KIMBALL RD
1003405011 $ 108,090 536 KIMBALL RD
1003479003 $ 115,820 506 KIMBALL RD
1003405010 $ 116,670 538 KIMBALL RD
1003481010 $ 116,950 428 KIMBALL RD
1003479004 $ 126,040 502 KIMBALL RD
1003451005 $ 126,870 311 KIMBALL RD
1003405009 $ 127,920 540 KIMBALL RD
1003479001 $ 131,830 508 KIMBALL RD
1003402006 $ 139,100 800 KIMBALL RD
1003403019 $ 139,710 507 KIMBALL RD
1003403011 $ 140,380 701 KIMBALL RD
1003402014 $ 148,010 624 KIMBALL RD
1003481011 $ 149,630 420 KIMBALL RD
1003451011 $ 152,500 409 KIMBALL RD
1003402015 $ 153,490 620 KIMBALL RD
1003481026 $ 155,110 440 KIMBALL RD 34
1003405012 $ 157,970 532 KIMBALL RD
1003402007 $ 159,370 724 KIMBALL RD
1003451004 $ 160,160 315 KIMBALL RD
1003481027 $ 161,420 432 KIMBALL RD
1003403002 $ 162,570 721 KIMBALL RD
1003453008 $ 164,500 302 KIMBALL RD
1003481015 $ 165,550 412 KIMBALL RD
1003403003 $ 167,540 711 KIMBALL RD
1003405014 $ 173,190 520 KIMBALL RD
1003480004 $ 174,590 417 KIMBALL RD
1003404002 $ 176,820 539 KIMBALL RD
1003453005 $ 177,600 312 KIMBALL RD
1003453001 $ 183,090 402 KIMBALL RD
1003404005 $ 183,940 525 KIMBALL RD
1003403017 $ 188,840 505 KIMBALL RD
1003481014 $ 189,550 418 KIMBALL RD
1003453007 $ 193,490 304 KIMBALL RD
HOUSES with Valuations between $201,000 and
299 00D (including land): 17
1003453006 $ 209,100 368 KIMBALL RD
1003403012 $ 209,370 631 KIMBALL RD
1003451001 $ 214,410 401 KIMBALL RD
1003481016 $ 215,840 406 KIMBALL RD
1003480001 $ 216,520 435 KIMBALL RD
1003480002 $ 216,800 431 KIMBALL RD
1003453003 $ 221,500 330 KIMBALL RD
1003481005 $ 222,690 500 KIMBALL RD
1003403001 $ 228,740 729 KIMBALL RD 17
1003402009 $ 229,610 700 KIMBALL RD
1003402008 $ 232,360 712 KIMBALL RD
1003480003 $ 253,740 421 KIMBALL RD
1003453009 $ 255,120 300 KIMBALL RD
1003453004 $ 264,950 316 KIMBALL RD
1003402021 $ 265,970 632 KIMBALL RD
1003404004 $ 273,960 531 KIMBALL RD
1003403022 $ 291,120 501 KIMBALL RD
HOUSES with Valuations between $300,000 and
$360,000 (includin land): 5
1003453010 $ 300,290 250 KIMBALL RD
1003403013 $ 318,460 621 KIMBALL RD
1003402020 $ 325,950 686 KIMBALL RD 5
1003404001 $ 346,720 609 KIMBALL RD
1003480005 $ 351,690 415 KIMBALL RD
HOUSES with Valuations between $400,000 and
$500,000(including land):1
1003403015 $ 469,560 445 KIMBALL RD 1
HOUSES with Valuations between $700,000 and
$750,000 (including land): 1
1003451009 $ 706,830 7 KIMBALL RD 1
HOUSES with Valuations over
$1,000,000(1ncludin land):1
1003376006 $ 1,235,440 5 KIMBALL RD 1
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Thaal. you.
Jim rhrogrnorton
District C. rowa-City City Council
Please ing e: 'l correspondence (including emails) to CityCoumcil is Confidential. All correspondence
(includingetnail0 to Inc as a City Co+,tncii member about City issues i a public record.
From: Cainer� o— n VVaUni [eaahc anni email rfiml
Sent, 5atitr 14Y, June 06. �015 9:20 AM
To; Jim Throgmorton
Subject -From C. Vanni re: Kimball Arad concerns
Dear Mr. Tbthgniorton,
-l'
We hs`c Been Kiniball Road residents for 30 y=s. It a beautiful neighborhoo
cut -through traffic, d despite the narrow road. and
This spring the 409 Kimball road properly has come 10 our attention. It etas said last summer and appears 'to
have become a rental property. This spring sun eyor pins appeared i+erwCen the ad)'acent properties. Then about
a week, ago another set of pins towards the center of the property appeared,
the word is that the curivnt property:owner has obtained permissirnt to split the properly and build another
home behind the existing home -
As Fve driven the streets of I.C. I've noticed signs reading; Special Exceptions or at least some formal
notification Of change of status with an existing property-.
1 am verY carious about:
1- Flown single property will allow for safe driveway access to the street?
V.The lot in question was divided by the nwnor to allow her to construct a single family home Kimball Ad.'s
y ' safely has been improved with the Ctty's installation ef'ltraffiv calming" measures which has reduced speeds
and 'cut through" traffic. One additional curb cut to serve one infill single family unit should not posh a safety4 low
issue P2elimimq plans by the owner show a small two bedroom home under cot9sidcration for the new :lot. "
2. Can any'of our Kimball Road properties b.coirte "stacked"'properties holding several buildings without
proper notificatiott of the city/neighbors.
ArIY property owner has the right to divide their property once without City Council approval. .HO A -ever. any
division of land that exceeds 1000sq. it, in area taunt go through a City administrative review which is dony e b
ti ` this office (Dept of Neighborhood & Del r opra0t Services). The purpose of the administrant-e renew is tp
w ensure compliance with the City's Zoning ,' Subdivision codes, An addministrativve rev few uas dine andthedivision was approved.
3. How will the Mid -American casement be treated IF sucit ebanges will occur.
The division has no bearing on the enforceability of existing easements, Any change to existing easements
z
tcly
Lest Price: $269,9M Total Sq, ft 1.492.
S UMMr.2019EW's�3 Year Bulit. 201
Gas,Forced Par
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Schools: Highland, HjDhland, Highland
103 Cherry Ln,�Riverside IA HOUSE COST:
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$ 199,900
bate �AUMMM @Fam-Usea6ae Transaction Code
LOT SIZE
n' 1%i.'.D7 3 3hl.Jitk7 34 • Vwant lot
84X 120
Sales Detail
Bf, '^ 0- LORSTRurnow, INC.
MONSU Hodapp
Send Email
Cell: 319-929-4520
Emilie Walsh
Send Email
Ceti: 319-936-2073
Oft: 3194234139
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dodoop signature verification: ddp.us/3xIC-506-Rx16
LKR RELEASE FROM PURCHASE
LEPIC- NROEG£R,REALTORS'
(This form approved by the Iowa City Area Association of REALTORS®)
This RELEASE FROM PURCHASE is entered into by and between
Linda Annis (the "Sellers") and
Cynthia M Farthing and Frederick J Boehmke (the "Buyers").
Buyers and Sellers entered into that certain Purchase Agreement dated the 28th day of
November 12018 for real estate locally known as:
409 Kimball, 18, Iowa City, IA 52245
"Purchase Agreement")
Sellers and Buyers hereby terminate the Purchase Agreement effective immediately and release
each other, the Sellers' broker, Blank & McCune, The Real Estate Co., Inc. and the Buyers' broker,
Lepic-Kroeger, REALTORS (LKR) , from any and all obligations under the Purchase Agreement.
The parties agree to hold each other, and their respective brokers, harmless from any claims of any nature
whatsoever based on any of the terms conditions or obligations contained in the Purchase Agreement.
the reason(s) this transaction Tailed includes, but is not limited to:
were not met.
The Earnest Money Buyers paid pursuant to the Purchase Agreement shall be released as follows:
$1,000.00 to Buyers
$ to Sellers
to pay the following costs incurred to date:
due to
due to
Dated this 31s day of December 20 18
BUYERS:
m oL oo1 ven m
1WT/" 12:46PM
CS
/0v- GCO1Vc1812:50 PM CST
GCOMBTOf-8414]HZH
Dated this day of . 20
SELLERS:
Rvsd 6/09
r
CITY OF I O WA CITY
MEMORANDUM
Date: March 13, 2019
To: Board of Adjustments
From: Jesi Lile, Associate Planner, Neighborhood & Development Services
Re: Late Public Comment Letter Received
On Friday February 8, 2019, the agenda packet for the Board of Adjustments meeting scheduled for
Wednesday February 13, 2019 was published online and sent to board members. This packet included a
staff report, application, and all public comment received up to that point for EXC18-00008, a special
exception to allow for a buildable, non -conforming lot between 409 and 415 Kimball Road. On
Wednesday, February 13, 2019, staff received another public comment letter about this case. This letter
is included in the packet for the March 13, 2019 meeting where EXC18-00008 will be heard by the
board.
Attachments:
1. Letter from 406 Kimball Rd
406 Kimball Rd
Iowa City IA 52245
February 13, 2019
To: Board of Adjustment
City of Iowa City
To Whom It May Concern:
I am owner and 25-year resident at 406 Kimball Road. My
neighbor across the street at 409 Kimball Rd has requested a
special exemption as follows:
Special Exception Item 1. EXC18-00008: An application submitted by Linda Annis
for a special exception to allow for a buildable, non -conforming lot in the Low
Density Single -Family (RS-5) zone single-family zone located between 409 & 415
Kimball Road in order to build a single family home.
I strongly oppose the proposed exemption for the following
reasons:
- SAFETY a new build would require a driveway crowded
between the existing drives at 409 and 415. Three drives so
close together create a traffic hazard on a street on which
residents ongoingly petition the city for speed mitigation
measures. The drive at 409 is blind to oncoming westbound
traffic; a second drive to the east would further reduce line
of sight.
- ENVIRONMENT I am concerned that digging into the hill to
improve the lot for construction will further destabilize the
soil and add to erosion. My home is in a direct line from
eroding soil and rainwater that would result from construction
at the proposed site.
-PROPERTY VALUES/ESTHETICS A newly built house on this lot
would need to be situated significantly differently from
current neighborhood norms, not to mention that the owner of
409 will not even have a full front yard. The exemption sets a
negative precedent for the city and asks too much of the
current residents.
Thank -you for considering my considerable opposition to the
proposed special exemption.
Yours truly,
Mary F Lukas
MINUTES
BOARD OF ADJUSTMENT
DECEMBER 12, 2018 — 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
PRELIMINARY
MEMBERS PRESENT: Gene Chrischilles, Connie Goeb, Ryan Hall, Tim Weitzel
MEMBERS ABSENT:
STAFF PRESENT: Susan Dulek, Sarah Walz, Jesi Lile
OTHERS PRESENT:
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
Walz announced the member Bryce Parker was deployed to Germany and therefore has
resigned his position on the Board. The City Council has selected one new member (to replace
Chrischilles), Amy Pretorius, and they will now have to select another member to replace
Parker. Walz noted in January they will do some Board training since there will be two new
members. At the January meeting they will also nominate a new Chair and Vice Chair,
traditionally they have gone with seniority which would make Goeb the new Chair and Weitzel
the Vice Chair but that can be changed and it will be discussed next month.
A brief opening statement was read by Chrischilles outlining the role and purpose of the Board
and the procedures that would be followed the meeting.
CONSIDER THE AUGUST 18, 2018 MINUTES:
Goeb moved to approve the minutes of August 18, 2018. Weitzel seconded the motion.
A vote was taken and the motion carried 4-0.
REVIEW BOARD PROCEDURES:
Walz explained that every year they review the Board procedures and noted there were some
updates that were made in 2018 like language changes (i.e. the name of the Neighborhood
Services Office). Walz handed out current Board procedures and asked the Board to review
and noted Staff are not requesting any updates or changes at this time. Walz said another
recent update had been to clarify the recusal process and how that works as well as if
somebody wanted to abstain from a vote.
Chrischilles said he reviewed the document and doesn't see anything that needs updating.
Board of Adjustment
December 12, 2018
Page 2 of 2
Weitzel agreed. Hall noted he doesn't think the document online is the updated version as it is
dated 2012 and Walz said that would be corrected. Hall said the information regarding the
temporary alternate for the Board is not in the document online. Dulek said that is not in the
Rules of the Board but rather in the City Code and was codified by ordinance.
Chrischilles noted that when his term is done he is willing to be on the alternate list when
needed. Dulek stated the language regarding the alternate that is in the City Code could be
added to the end of the Board Procedures document as well.
�3I/_1yy_1.101[o1l].Is] :4Jil:1.111 K
Walz said they have one application they are working on they believe will be ready for the
January meeting. Dulek noted the application will have a conflict with their office so the Board
will be represented by Ryan Moss who is an Assistant County attorney. Dulek stated in the past
when there was a conflict with the City Attorney's office they would hire outside council but the
decision has been made to now use the City of North Liberty attorney or Johnson County
Attorney's office.
Walz thanked Chrischilles for his service on the Board and presented him with a certificate.
Walz introduced Jessica Lile who will be the staff contact for the Board moving forward.
ADJOURNMENT:
Goeb moved to adjourn this meeting.
Weitzel seconded.
A vote was taken and the motion passed 4-0