HomeMy WebLinkAbout04-03-2023 Board of AppealsCITY OF IOWA CITY
NOTICE OF PUBLIC MEETING
BOARD OF APPEALS
Monday, April 3, 2023
5:00 PM
Emma J. Harvat Hall
410 E. Washington St., Iowa City, Iowa
AGENDA
1. Call to order
2. Roll Call
2. Elect Officers for 2023 (Chair and Vice Chair)
3. Appeal of Building Official's decision to approve project at 319 N. Van
Buren St.
4. Adjournment
Next meeting schedule date: Monday May 1, 2023
If you will need disability -related accommodations to participate m this meeting, please contact Tim
Hennes, Building Inspection Services, at 319-356-5122 or thennes@iowa-cityoig. Early requests are
strongly encouraged to allow sufficient time to meet your access needs.
Permit Type Board of Appeals
Project:
Apo Date:
0211512023
Work Class: Appeal the Decision of the Building Official
District: City of Iowa City
Exp Date:
NOT AVAILABLE
Status: Submitted -Online
Square Feet: 0.00
Completed:
NOT COMPLETED
Valuation: $0.00
Assigned To: Hennes, Tim
Approval
Description: The proposed project at 319 INVan Buren Street, which has been approved by the building official, Expire Date:
violates current setback and other technical requirements.
Parcel: 1010162004 Main
Address:
319 N Van Buren St Main
Zone: OCD(Conservation District Overlay (OCD
Iowa City, IA 52245
RNS12(Neighborhood Stabilization Resid
319 N Van Buren St
Iowa City, IA 52245
Applicant Property Owner
Applicant
Dave Moore Dave Moore
Dave Moore
425 E Davenport ST Home: (319) 351-6838
Home: (319) 351-6838
Iowa City, IA 52245 Mobile: (319) 400-9184
Mobile: (319) 400-9184
Permit Custom Fields
Decision Being Issuance of a Building Date
of Decision Feb 3 2022 12:DOAM
Code Section Cited in
unknown
Appealed Permit
Officials Decision
Reason for Appeal Material, Practical Remedy Desired Revoke Building Permit
Describe the Practical
Unknown
Difficulty
Difficulty of Carrying
Out:
Acres 0
Attachment File Name Added On
Added By Attachment Group
Notes
Signature_ Dave_Moore_2116/2023.jpg 02/15/2023 21:50 Moore, Dave
Uploaded via CBS
Invoice No. Fee
Fee Amount
Amount Paid
INV-00017128 Filing Fee
$100.00
$100.00
Total for Invoice INV 00017123
$100.00
$100.00
Grand Total for Permit $100.00
$100.00
Workflow Step I Action Name
Action Type
Start Date
End Date
Generic Action
Generic Action
Generic Action
Generic Action
Generic Action
Generic Action
Generic Action
March 01, 2023 410 E. Washington Street. Iowa City, Iowa 52240 Page 1 of 1
2
Tim Hennes
Subject: FW: 319 N. Van Buren St.
Attachments: We sent you safe versions of your files; Moore Letter from City re Board of Appeals.pdf;
Moore 319 N. Van Buren January 2023 permit extension emails_106_0 (1) (2).pdf
From: Gregg Geerdes <geerdeslaw@peoplepc.com>
Sent: Wednesday, March 29, 2023 11:11 AM
To: Sue Dulek <SDulek@iowa-city.org>
Subject: RE: 319 N. Van Buren St.
iI
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Hello Sue. As a supplement to my original correspondence to you, please include the attached and
this email.
One of the issues we have is the apparent second granting of an extension of the building permit for
this property without a timely inspection having first been done. The first attachment states that this
appeal would need to go to the Board of Appeals. The ordinance provisions regarding the same are
referenced in this document. The second document contains further reference and citations to the
facts and other ordinance references.
We will be using these documents and ordinance sections in our appeal. Please upload this email
and attachments to the appropriate appropriate location(s)..
If you have any questions please let me know. Thanks. Gregg
This message Is Intended only for the use of the person to wham it is addressed and may contain Informatton that is coddentiol and prlvlleged. Ifyou received this message and are not the intended reciplent, please noth
the sender and des troy your copy and attachments. Messages sent over the internet are not secure. Please notify us If you prefernot to use email to Lnmmunlaate with this offl,,. Gregg Geerde; Attorney at Law, 105 town
Avenue, Suite 234, Iowa City, lawn 52240. Telephone (319)341-3304
-----Original Message -----
From: Sue Dulek <SDulek@iowa-city.org>
Sent: Mar 28, 2023 10:39 AM
To:'Gregg Geerdes' <geerdeslaw@peoplepc.com>
3
Cc: 'David L. Ginger' <DLGinser@belinmccormick.com>
Subject: RE: 319 N. Van Buren St.
Gregg:
I'm following up on my email from last week.
It's unclear to me how the Board of Appeals has jurisdiction to hear an appeal. The meeting is scheduled for next
Monday. Do you want me to have staff include this supplement to the Board of Appeals matter or is your client going to
dismiss the appeal to the Board of Appeals?
Please note the supplement has been added to the Board of Adjustment appeal.
Sue
From: Sue Dulek
Sent: Thursday, March 23, 2023 11:43 AM
To:'Gregg Geerdes' <geerdeslaw@peoplepc.com>
Subject: RE: 319 N. Van Buren St.
Gregg:
This appears to be limited to the Zoning Code, and appeals regarding the Zoning Code go to the Board of Adjustment.
The Board of Appeals hears appeals of the Building Code and Fire Code, which can be found in Sections 17-1 and 7-1 of
the Iowa City Code respectively.
The Zoning Code is found in Title 14. The attachment provided only cites Section 14-2A-4, a Zoning Code provision.
My question is —Is your client appealing a provision of the Building Code or Fire Code? If not, will your client dismiss the
appeal to the Board of Appeals?
Sue
From: Gregg Geerdes <geerdeslaw@peoplepc.com>
Sent: Thursday, March 23, 2023 10:43 AM
To: Sue Dulek <SDulek@iowa-city.org>
Subject: RE: 319 N. Van Buren St.
fl LK
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Mimecast Attachment Pr9tection has deemed this file to be safe, but always exercise caution when opening files.
Sue, the approved plans and building permit/extension for 319 N Van Buren are being appealled
because the front staircase protrudes approximately 8 feet into the required 10 foot front
setback. Please see the attached.
Let me know if you want to discuss and/or need more information. Thanks, Gregg
This message Is Intended onlyfor the use of the person to whom It is addressed and may contala Informaton that Is conffdentlol and privileged. If you received this message and are not the Intended recipient, please notify
the sender and destroy your copy and attachments. Messages sent over the Internet are not secure. Please notify us ifyog prefer not to use email to communicate with this office. Gregg Geerdes, Attorney at Law, 1051own
Avenge, Suite 234, Iowa City, lows 52240, Telephone (319)3413304
-----Original Message -----
From: Sue Dulek <SDulek@iowa-city.org>
Sent: Mar 22, 2023 9:26 AM
To: 'geerdeslaw' <geerdeslaw@peoplepc.com>
Subject: RE: 319 N. Van Buren St.
G regg:
5
I am sorry to hear that. Of course, tomorrow is fine.
Sue
From: geerdeslaw <geerdeslaw@peoplepc.com>
Sent: Wednesday, March 22, 2023 9:09 AM
To: Sue Dulek <SDulek@iowa-city.org>
Subject: RE: 319 N. Van Buren St.
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Good morning Sue. I am dealing with a family medical situation and will have your information to you tomorrow. Gregg
Sent from my Verizon, Samsung Galaxy smartphone
-------- Original message --------
From: Sue Dulek <SDulel<@iowa-citV.org>
Date: 3/21/23 11:42 AM (GMT-06:00)
To:'Gregg Geerdes' <geerdeslaw@people cp com>
Cc: "'David L. Ginger"' <DLGinger@belinmccormick.com>, Danielle Sitzman <dsitzman@iowa-city.org>
Subject: RE: 319 N. Van Buren St.
G regg:
4
A
I am following up on this matter. No additional detail for either appeal has not been provided. If not provided by 5:00
pm on March 22, 1 will reach out to the attorney for the Boards.
Sue
Susan Dulek
Assistant City Attorney
410 East Washington Street
Iowa City, IA 52240
319-356-5030
319-356-5008 Fax
SDulek iowa-city.org
Notice:
Since e-mail messages sent between you and the City Attorney's Office and Its employees are transmitted over the internet, the City Attorney's
Office cannot assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you
consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to communicate with the City Attorney's Office.
Without written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication, the City Attorney's
office will assume you assent to such communication. This message is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections
2510-2515, is intended only for the use of the person to whom it Is addressed and may contain information that Is confidential and subject to the
attorney -client privilege, It should not be forwarded to anyone else without consultation with the originating attorney. If you received this message
and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank
you.
From: Gregg Geerdes <geerdeslaw@i3eoDie pc.com>
Sent: Tuesday, March 7, 2023 11:06 AM
To: Sue Dulek <SDulek Iowa-citv.org>
Subject: RE: 319 N. Van Buren St.
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Thanks, will do.
This message Is IntendedonlYfor the use of the person to whom it Is addressed and may contala Information that is confidential and privileged. If you received this message and are not the intended recipient, please notify
the sender and destroy your copy and attachments. Messages sent over the Internet are not secure. Please notify as I/Yav prefer not to use email to communicate with this orylce. Gregg Geerdes, Attomey at Law, 105 lowo
Avenue, Spite 234, Iowa City, Iowa 52240, Telephone (319)341-3304
-----Original Message -----
From: Sue Dulek <SDulek Iowa-city.o[g>
Sent: Mar 7, 2023 10:57 AM
To: 'Gregg Geerdes' <geerdeslaw@Peoplepc.com>
Cc: 'David L. Ginger' <DLGinger@belinmccormicl<.com>, Danielle Sitzman <dsitzmanC@iowa-citV.org>
Subject: RE: 319 N. Van Buren St.
Gregg:
Either is fine, but the online system is not always user friendly.
My suggestion is you email me (or Tim Hennes as the Secretary of the Board of Appeals and Kirk Lehmann as Secretary
of the Board of Adjustment). The email will then get uploaded by staff.
Sue
Susan Dulek
Assistant City Attorney
410 East Washington Street
Iowa City, IA 52240
319-356-5030
319-356-5008 Fax
SDulek@iowa-city.ors
Notice:
Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet, the City Attorney's
Office cannot assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you
consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mailto communicate with the City Attorney's Office.
Without written notification that you do not wish to communicate with the City Attorney's Office via a -mail communication, the City Attorney's
Office will assume you assent to such communication. This message is covered by the Eiectronic Communication Privacy Act, 18 U.S.C. Sections
2510-2515, is Intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the
attorney -client privilege. It should not be forwarded to anyone else without consultation with the originating attorney. If you received this message
and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank
you.
From: Gregg Geerdes <geerdeslaw@peoplepc com>
Sent: Tuesday, March 7, 2023 9:53 AM
To: Sue Dulek <SDulek@iowa-city.org>
Cc:'David L. Ginger' <DLGineer@belinmccormick.com>; Danielle Sitzman <dsitzman@iowa-city.org>
Subject: Re: 319 N. Van Buren St.
CJ
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Thats fine. Do you want this filed on the online system or would an email suffice? Gregg
This message Is intended only! r the use of the person to whom it is addressed and may contain information that Is confidential and privileged If you received this message and are not the Intended reclplen please notify
the senderand destroy yaurtopy and attachments. Messages sent aver the mmornetare noraname. please notify us If you prefer not to use email to communicate with this of/Ice. Gregg Geerdes Atmrneyat Low, 3051owa
Avenue, Suite 234, Iowa City, Iowa 52240. Telephone (319)341-3304
-----Original Message -----
From: Sue Dulek <SDulek@iowa-city.org>
Sent: Mar 6, 2023 3:30 PM
E
To:'geerdeslaw@peoplepc.com' <geerdeslaw@peoplepc.com>
Cc: 'David L. Ginger' <DLGinger@belinmccormick.com>, Danielle Sitzman <dsitzman@iowa-city.org>
Subject: 319 N. Van Buren St.
Gregg:
I am writing to request your client detail what Iowa City Code sections the City is allegedly violating.
Board of Appeals
As I said in my Memo to the Board, it is unclear how the Board of Appeals has jurisdiction. The
authority of the Board of Appeals is set forth in Section 17-12-2A of the Iowa City Code, which
states:
A. Jurisdiction: Any person aggrieved by a decision of the building official or the fire chief with
reaard to the building code or fire code may file an appeal to the board of appeals within thirty
(30) days of said decision. "Decision" means any decision, determination, direction, notice,
finding, or order of the building official or the fire chief. (emphasis added)
All your client has stated is: The proposed project at 319 N Van Buren Street, which has been
approved by the building official, violates current setback and other technical requirements. Setbacks
are a function of the Zoning Code, not the Building Code or the Fire Code.
Section 17-12-213 of the Iowa City Code requires your client to "state all code provisions applicable to
the appeal, attach relevant supporting documentation, and explain the basis for the appeal." Your
client has not done so.
City staff had anticipated either the Board dismissing the appeal at the meeting today or requiring
your client provide details. Given the hearing will be rescheduled for a month from now, the City is
requesting your client comply with the requirements of the City Code by March 17. This will allow City
staff adequate time to prepare for the April 3 hearing.
Board of Adjustment
10
The City makes a similar request with respect to the Board of Adjustment. Section 14-8C-3131
provides the appeal is to "specif[] the grounds of the appeal." Your client's appeal merely states the
building permit "does not meet setback and other requirements of the city code." What are the "other
requirements" of the City Code the City is alleged to have violated?
In order to prepare for the April 12 Board of Adjustment meeting, the City requests your client specify
the grounds of the appeal also by March 17.
Conclusion
If your client does not provide the code sections supporting his appeal to the Board of Appeals and
specifying the grounds of the appeal to the Board of Adjustment by March 17, 1 will email the attorney
for the Board seeking relief.
Please note I've copied in David Gringer, the attorney for Prestige Properties.
I look forward to your response.
Sue
Susan Dulek
Assistant City Attorney
410 East Washington Street
Iowa City,1A 52240
319-356-5030
319-356-5008 Fax
SDulek@iowa-city
Notice:
Since a -mail messages sent between you and the City Attorney's Office and its employees are transmitted overt he internet, the City Attorney's
Office cannot assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you
consider confidential. If you are uncomfortable with such risks, you may decide not to use a-maiIto communicate with the City Attorney's Office.
Without written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication, the City Attorney's
Office will assume you assent to such communication. This message is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections
2510-2515, is intended only for the use of the person to whom it is addressed and may contain Information that is confidential and subject to the
attorney -client privilege. It should not be forwarded to anyone else without consultation with the originating attorney. If you received this message
and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank
you.
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and
others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or
taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
10
I
From: David L. Ginaer
To: Danielle Sitzman; Tim Hennes; Terry Goerdt
Cc: Michael Oliveira
Subject: RE: 319 N. Van Buren
Date: Tuesday, January 17, 2023 3:15:56 PM
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Thanks everybody. This is appreciated.
David L. Ginger
Attorney
666 Walnut Street, Suite 2000
Des Moines, Iowa 50309-3989
Direct Dial: (515) 283-4668
Direct Fax: (515) 558-0668
BELINMCCOR.\1 ICE
ATTORNEYS AT LAW
Confidentiality Notice: THE EMAIL AND ANY ATTACHED DOCUMENTS CONTAIN INFORMATION FROM THE LAW FIRM OF
BELIN MCCORMICK, P.C., WHICH MAY BE CONFIDENTIAL AND/OR LEGALLY PRIVILEGED. THESE MATERIALS ARE INTENDED
ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE ADDRESSEE IDENTIFIED ABOVE. IF YOU ARE NOT THE
INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING THESE MATERIALS TO THE INTENDED RECIPIENT,
YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN
RELIANCE ON THE CONTENTS OF THIS TRANSMITTED INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED
THIS EMAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER OF THIS MESSAGE.
From: Danielle Sitzman <dsitzman@iowa-city.org>
Sent: Tuesday, January 17, 2023 3:14 PM
To: David L. Ginger <DLGinger@belinmccormick.com>; Tim Hennes <thennes@iowa-city.org>; Terry
Goerdt <tgoerdt@iowa-city.org>
Cc: Michael Oliveira <moliveira@prestigeprop.com>
Subject: RE: 319 N. Van Buren
The request to extend permit BLDR21-0275 for 319 N Van Buren Street due to plan revisions on
behalf of the applicant and material delays is hereby granted. The permit would otherwise expire
according to Municipal Code 17-1-3 which amends the International Residential Code to state that in
no case shall the permit be effective unless the work covered by the permit has a documented
inspection every 6 months. The last documented inspection of record as of today is July 22, 2022.
The applicant's representative indicates that construction is expected to resume as soon as the
weather permits foundation work.
Danielle L. Sitzman, AICP
Development Services Coordinator
City of Iowa City
(319)356-5252
From: David L. Ginger <D ineer(@belinm ormi k om>
Sent: Tuesday, January 17, 2023 2:30 PM
To: Tim Hennes <th nnes(aliowa- i y.ore>; Terry Goerdt <teoerdt(a)iowa-ritv_org>
Cc: Danielle Sitzman <dsitzman0iowa-cityQre>; Michael Oliveira <moliveirana nrestieenroD.com>
Subject: RE: 319 N. Van Buren
(3
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Tim,
The owner would like to respectfully request an extension for another 180 days (while reserving the
right to take the position that an extension is not needed should the extension not be granted). This
project took longer than anticipated for various reasons. In addition to the material delays that were
mentioned last time, the original buyer backed out, and the plans needed to be adjusted from what
the original buyer requested to make this property work for others. I believe Mike and the city
(perhaps you?) are in agreement on the last version of the plans. If the extension is granted, the plan
is to start footings and foundation as soon as the weather permits.
Please let me know if you need anything else from the owner.
Thanks,
David L. Ginger
Attorney
666 Walnut Street, Suite 2000
Des Moines, Iowa 50309-3989
Direct Dial: (515) 283-4668
Direct Fax: (515) 558-0668
BELINMCCOR:•I IC K
ATTORNEYS AT LAW
Confidentiality Notice: THE EMAIL AND ANY ATTACHED DOCUMENTS CONTAIN INFORMATION FROM THE LAW FIRM OF
BELIN MCCORMICK, P.C., WHICH MAY BE CONFIDENTIAL AND/OR LEGALLY PRIVILEGED. THESE MATERIALS ARE INTENDED
ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE ADDRESSEE IDENTIFIED ABOVE. IF YOU ARE NOT THE
INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING THESE MATERIALS TO THE INTENDED RECIPIENT,
YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN
RELIANCE ON THE CONTENTS OF THIS TRANSMITTED INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED
THIS EMAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER OF THIS MESSAGE.
From: Tim Hennes <th nnesg na iowa-city.ore>
Sent: Tuesday, January 17, 2023 1:41 PM
To: David L. Ginger<DLGinger(cDbelinmccormick.com>; Terry Goerdt <teoerdt0iowa-city.ore>
Cc: Danielle Sitzman <dsitzmank@iowa-city.ore>; Michael Oliveira <moliveira ftrestigeprop.com>
Subject: RE: 319 N. Van Buren
Hi David,
Our records show there was a Temporary Electrical Service inspection on July 22, 2022. Since there
are no documented inspections after that, the permit would expire 180 days after July 22, 2022.
The building official is authorized to grant one or more extensions of time, for periods not more than
180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
Let me know if you have additional questions.
Tim Hennes
Senior Building Inspector
City of Iowa City of Iowa City
319-356-5122
Tim-hennesil@iowa-city.org
From: David L. Ginger <D inger(n)belinmccormick.com>
Sent: Thursday, January 12, 2023 11:56 AM
To: Tim Hennes <thennes(a)iowa-citv.ore>; Terry Goerdt <tyoerdtfi9iowa-c0ty.org>
N
Subje t RL 319 N V Bu
** This email originated outside of the ity of Iowa ity email system. Please take extra are opening
any links or atta hments. **
I u T T o f ff u Tu
T :A u b ?
David L. Ginger
Attomey
666 Walnut Street, Suite 2000
Des Moines, Iowa 50309-3989
Direct Dial: (515) 283-4668
Direct Fax: (515) 558-0668
dlginaer(a).belinmccormick com
BELINAIcCoitm iC: F
ATTORNEYS AT LAW
-- �n Fidentiality Notice: THE EMAIL AND ANY ATTACHED DOCUMENTS CONTAIN INFORMATION FROM THE LAW FIRM OF
BELIN MCCORMICK, P.C., WHICH MAY BE CONFIDENTIAL ANDIOR LEGALLY PRIVILEGED. THESE MATERIALS ARE INTENDED
ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE ADDRESSEE IDENTIFIED ABOVE. IF YOU ARE NOT THE
INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING THESE MATERIALS TO THE INTENDED RECIPIENT,
YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN
RELIANCE ON THE CONTENTS OF THIS TRANSMITTED INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED
THIS EMAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER OF THIS MESSAGE.
From L G
Sent T u , J u 12, 2023 11:53 A
To T H
Sub) e t 319 N V Bu
T .
k k u u x f 319 N V Bu I Ju f
x u x
f U b 6 ( ) I
u ?
L k T k
David L. Ginger
Attorney
666 Walnut Street, Suite 2000
Des Moines, Iowa 50309-3989
Direct Dial: (515) 283-4668
Direct Fax: (515) 558-0668
dlgi naer@belinmccormick.com
BELINAICCOR]tlCK
ATTORNEYS AT LAW
Confidentiality Notice: THE EMAIL AND ANY ATTACHED DOCUMENTS CONTAIN INFORMATION FROM THE LAW FIRM OF
BELIN MCCORMICK, P.C., WHICH MAY BE CONFIDENTIAL AND/OR LEGALLY PRIVILEGED. THESE MATERIALS ARE INTENDED
ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE ADDRESSEE IDENTIFIED ABOVE. IF YOU ARE NOT THE
INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING THESE MATERIALS TO THE INTENDED RECIPIENT,
YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN
RELIANCE ON THE CONTENTS OF THIS TRANSMITTED INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED
THIS EMAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER OF THIS MESSAGE.
Disclaimer
15
p g, b k g
b w
I (e
have:
Filing an appeal would halt construction pursuant to Section 414.11 of the Iowa Code.
Appealing an extension of the building permit would go to the Board of
Appeals. However, since we talked, I have learned the building permit never had to be
extended. I have pasted in below Section 105.5 of the International Residential Code
(IRC) and a "local amendment" to the IRC, which adds a sentence to the end of Section
105.5 of the IRC.
Here is why an extension was not required. The building permit was issued on 2/3/22
and would have expired in 6 months unless an inspection was completed. On 7/22/22
an inspection was done for the temporary electrical service thus automatically extending
the building permit for 180 days after the issuance date.
IRC1 05.5 Expiration. Every permit issued shall become invalid unless the work
authorized by such permit is commenced within 180 days after its issuance or after
commencement of work if more than 180 days pass between inspections. The building
official is authorized to grant, in writing, one or more extensions of time, for periods not
more than 180 days each. The extension shall be requested in writing and justifiable
cause demonstrated.
Section 105.5 of both the IBC and IRC. Modify Section 105.5 of both the IBC and IRC
by adding a sentence to the end as follows:
In no case shall the permit be effective unless the work covered by the permit has a
documented inspection every 6 months minimum and is completed within 24 months of
the date on which the original permit was issued.
Sue
l7
CITY OF 1®WA CITY
MEMORANDUM
Date:
March 30, 2023
To:
Board of Appeals
From:
Danielle Sitzman,
c� \
Building Official 1
Re: 319 N. Van Buren Street/appeal of extension of building permit
Introduction
This Memo is to provide the Board information on the building permit extension process and my
decision to extend the building permit for 319 N. Van Buren St. which was issued to the owner,
Prestige Properties Development, LLC.
Chronoloav of the Buildina Permit
2/3/22 City issued a building permit to Prestige Properties
7/22/22 City inspection (temporary electrical service); building permit is automatically
extended for 180 days
1/17/23 Prestige Properties requests an extension of the building permit
Building Official grants an extension for 180 days
2/15/23 Dave Moore submits an appeal of the Building Official's decision extending the
permit
City Code Provisions/Extensions of Building Permits
The City has adopted the 2018 International Residential Code (IRC) along with "local
amendments." Section R105 of the IRC governs permits, and in particular, Section R105.5
governs the expiration of building permits. Section 17-1-3 of the Iowa City Code is a local
amendment adding a sentence to the IRC provision. These code provisions are attached to the
Memo along with the IRC's definition of Building Official and IRC Section R104 titled "Duties and
Powers of the Building Official."
Therefore, building permits are extended automatically for 180 days if there is a documented
inspection. (Section R105.5) Additionally, even if there is no documented inspection, the
Building Official has the authority to grant "one or more extensions of time, for periods not more
than 180 days" if a written request is submitted and "justifiable cause demonstrated." (R105.5)
Building Official's Decision to Extent the Building Permit
My decision to extend the permit is contained in an email dated January 17, 2023, which is
attached to this Memo. As I stated in the email, the "request to extend permit BLDR21-0275 for
319 N Van Buren Street due to plan revisions on behalf of the applicant and material delays is
hereby granted." Plan revisions and material delay is justifiable cause to extend the permit.
Attachments:
Email string containing Building Official's Decision
IRC Sections R202 (excerpt); R104; and R105 (excerpt)
Iowa City Code Section 17-1-3 (excerpt)
n
Tim Hennes
From: David L. Ginger <DLGinger@belinmccormick.com>
Sent: Tuesday, January 17, 2023 3:16 PM
To: Danielle Sitzman; Tim Hennes; Terry Goerdt
Cc: Michael Oliveira
Subject: RE: 319 N. Van Buren
ARIQ
* * This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Thanks everybody. This is appreciated.
David L. Ginger
Attorney
666 Walnut Street, Suite 2000
Des Moines, Iowa 50309-3989
Direct Dial: (515) 2834668
Direct Fax: (515) 558-0668
dlginger@belinmccormick com
BELIN1N1CC0K.l1ICK
ATTORNEYS AT LAW
Conridentlalltv Notice: THE EMAIL AND ANY ATTACHED DOCUMENTS CONTAIN INFORMATION FROM THE LAW FIRM OF BELIN MCCORMICK, P.C.,
WHICH MAYBE CONFIDENTIAL ANDIOR LEGALLY PRIVILEGED. THESE MATERIALS ARE INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL
USE OF THE ADDRESSEE IDENTIFIED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING THESE
MATERIALS TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, DISCLOSURE, COPYING, DISTRIBUTION OR THE
TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS TRANSMITTED INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE
RECEIVED THIS EMAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER OF THIS MESSAGE.
From: Danielle Sitzman <dsitzman@iowa-city.org>
Sent: Tuesday, January 17, 2023 3:14 PM
To: David L. Ginger <DLGinger@belinmccormick.com>; Tim Hennes <then nes @ iowa-city.o rg>; Terry Goerdt
<tgoerdt@iowa-city.o rg>
Cc: Michael Oliveira <moliveira@prestigeprop.com>
Subject: RE: 319 N. Van Buren
The request to extend permit BLDR21-0275 for 319 N Van Buren Street due to plan revisions on behalf of the applicant
and material delays is hereby granted. The permit would otherwise expire according to Municipal Code 17-1-3 which
amends the International Residential Code to state that in no case shall the permit be effective unless the work covered
by the permit has a documented inspection every 6 months. The last documented inspection of record as of today is July
22, 2022. The applicant's representative indicates that construction is expected to resume as soon as the weather
permits foundation work.
Danielle L. Sitzman, AICP
Development Services Coordinator
City of Iowa City
(319) 356-5252
From: David L. Ginger <DLGinger@belinmccormick.com>
Sent: Tuesday, January 17, 2023 2:30 PM
To: Tim Hennes <thennes@iowa-city.org>; Terry Goerdt <tgoerdt@iowa-citv.org>
Cc: Danielle Sitzman <dsitzman@iowa-city.org>; Michael Oliveira <moliveira@DrestigearoD.com>
Subject: RE: 319 N. Van Buren
19
A
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Tim,
The owner would like to respectfully request an extension for another 180 days (while reserving the right to take the
position that an extension is not needed should the extension not be granted). This project took longer than anticipated
for various reasons. In addition to the material delays that were mentioned last time, the original buyer backed out, and
the plans needed to be adjusted from what the original buyer requested to make this property work for others. I believe
Mike and the city (perhaps you?) are in agreement on the last version of the plans. If the extension is granted, the plan is
to start footings and foundation as soon as the weather permits.
Please let me know if you need anything else from the owner.
Thanks,
David L. Ginger
Attorney
666 Walnut Street, Suite 2000
Des Moines, Iowa 50309-3989
Direct Dial: (515) 283-4668
Direct Fax: (515) 558-0668
d to inae r(afbel inmccorm ick.com
BELINIVICCOtimic t,
ATTORNEYS AT LAW
Confidentiality Notice: THE EMAIL AND ANY ATTACHED DOCUMENTS CONTAIN INFORMATION FROM THE LAW FIRM OF BELIN MCCORMICK, P.C.,
WHICH MAY BE CONFIDENTIAL AND/OR LEGALLY PRIVILEGED. THESE MATERIALS ARE INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL
USE OF THE ADDRESSEE IDENTIFIED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING THESE
MATERIALS TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, DISCLOSURE, COPYING, DISTRIBUTION OR THE
TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS TRANSMITTED INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE
RECEIVED THIS EMAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER OF THIS MESSAGE.
From: Tim Hennes <thennes@iowa-city.org>
Sent: Tuesday, January 17, 20231:41 PM
To: David L. Ginger <DLGinger@belinmccormick.com>; Terry Goerdt <tgoerdt@iowa-city.org>
Cc: Danielle Sitzman <dsitzman@iowa-citv.org>; Michael Oliveira <moliveira@prestigeprop.com>
Subject: RE: 319 N. Van Buren
Hi David,
Our records show there was a Temporary Electrical Service inspection on July 22, 2022. Since there are no documented
inspections after that, the permit would expire 180 days after July 22, 2022,
The building official is authorized to grant one or more extensions of time, for periods not more than 180 days each. The
extension shall be requested in writing and justifiable cause demonstrated.
Let me know if you have additional questions.
Tim Hennes
Senior Building Inspector
City of Iowa City of Iowa City
319-356-5122
Tim-hennes@ iowa-citV.org
From: David L. Ginger <DLGinger@belinmccormick.com>
Sent: Thursday, January 12, 2023 11:56 AM
To: Tim Hennes <thennes@iowa-city.org>; Terry Goerdt <tgoerdt@iowa-city.org>
Cc: Danielle Sitzman <dsitzman@iowa-citv.org>; Michael Oliveira <moliveira prestigeprop.com>
Subject: RE: 319 N. Van Buren
A
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
fE
I am including Terry as Tim and Danielle are out of office until Tuesday
Terry: Are you able to assist?
David L. Ginger
Attorney
666 Walnut Street, Suite 2000
Des Moines, Iowa 50309-3989
Direct Dial: (515) 283-4668
Direct Fax: (515) 558-0668
dl�7c inger(a)belinmccormick com
BELINNICCORMICK
ATTORNEYS AT LAW
Confidentially. Notice: THE EMAIL AND ANY ATTACHED DOCUMENTS CONTAIN INFORMATION FROM THE LAW FIRM OF BELIN MCCORMICK, P.C.,
WHICH MAY BE CONFIDENTIAL ANDIOR LEGALLY PRIVILEGED. THESE MATERIALS ARE INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL
USE OF THE ADDRESSEE IDENTIFIED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING THESE
MATERIALS TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, DISCLOSURE, COPYING, DISTRIBUTION OR THE
TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS TRANSMITTED INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE
RECEIVED THIS EMAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER OF THIS MESSAGE.
From: David L. Ginger
Sent: Thursday, January 12, 2023 11:53 AM
To: Tim Hennes <thennes@iowa-citv.org>
Cc: Danielle Sitzman <dsitzman@iowa-citv.ora>; Michael Oliveira <moliveira@prestigeprop.com>
Subject:319 N. Van Buren
Tim,
Mike asked that I reach out to you to determine next steps for 319 N. Van Buren. In July of last year, the property owner
was granted an extension to the documented inspection to extend the timeline for a documented inspection by 6
months (see attached correspondence). Is that what is needed this time around as well?
Let me know. Thanks.
David L. Ginger
Attorney
666 Walnut Street, Suite 2000
Des Moines, Iowa 50309-3989
Direct Dial: (515) 283-4668
Direct Fax: (515) 558-0668
d Ig i nger0belin mccorm ick.com
BELWNIcCoitmi( K
ATTORNEYS AT LAW
Confidentiality Notice: THE EMAIL AND ANY ATTACHED DOCUMENTS CONTAIN INFORMATION FROM THE LAW FIRM OF BELIN MCCORMICK, P.C.,
WHICH MAY BE CONFIDENTIAL ANDIOR LEGALLY PRIVILEGED. THESE MATERIALS ARE INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL
USE OF THE ADDRESSEE IDENTIFIED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING THESE
MATERIALS TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, DISCLOSURE, COPYING, DISTRIBUTION OR THE
TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS TRANSMITTED INFORMATION IS STRICTLY PROHIBITED, IF YOU HAVE
RECEIVED THIS EMAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER OF THIS MESSAGE.
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and
others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or
taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
IiZC- S, crl6,� I_ZO-L- ZI
DEFINITIONS
The panel's length meets the requirements of its particular
bracing method, and contributes toward the total amount of
bracing required along its braced wall line in accordance with
Section R602.10.1.
[MP] BRANCH. Any part of the piping system other than a
riser, main or stack.
[MP] BRANCH, FIXTURE. See "Fixture branch, drain-
age."
[MP] BRANCH, HORIZONTAL. See "Horizontal branch,
drainage."
[MP] BRANCH INTERVAL. A vertical measurement of
distance, 8 feet (2438 mm) or more in developed length,
between the connections of horizontal branches to a drainage
stack. Measurements are taken down the stack from the high-
est horizontal branch connection.
[MP] BRANCH, MAIN. A water -distribution pipe that
extends horizontally off a main or riser to convey water to
branches or fixture groups.
[MP1 BRANCH, VENT. A vent connecting two or more
individual vents with a vent stack or stack vent.
[MP] BTU/H. The listed maximum capacity of an appliance,
absorption unit or burner expressed in British thermal units
input per hour.
[RBI BUILDING. Any one- or two-family dwelling or por-
tion thereof, including townhouses, used or intended to be
used for human habitation, for living, sleeping, cooking or
eating purposes, or any combination thereof, or any acces-
sory structure. For the definition applicable in Chapter 11,
see Section N 1101.6.
[MP] BUILDING DRAIN. The lowest piping that collects
the discharge from all other drainage piping inside the house
and extends 30 inches (762 mm) in developed length of pipe,
beyond the exterior walls and conveys the drainage to the
building server.
[RB] BUILDING, EXISTING. Existing building is a build-
ing erected prior to the adoption of this code, or one for which
a legal building permit has been issued.
[RB] BUILDING -INTEGRATED PHOTOVOLTAIC
PRODUCT. A building product that incorporates photovol-
taic modules and functions as a component of the building
envelope.
I[RB] BUILDING -INTEGRATED PHOTOVOLTAIC
ROOF PANEL (BIPV Roof Panel). A photovoltaic panel
that functions as a component of the building envelope.
[RBI BUILDING LINE. The line established by law,
beyond which a building shall not extend, except as specifi-
cally provided by law.
[RBI BUILDING OFFICIAL. The officer or other desig-
nated authority charged with the administration and enforce-
ment of this code, or a duly authorized representative. For the
definition applicable in Chapter 11, see Section N1101.6.
[MP] BUILDING SEWER. That part of the drainage system
that extends from the end of the building drain and conveys
its discharge to a public sewer, private sewer, individual sew-
age -disposal system or other point of disposal.
[RE] BUILDING SITE. For the definition applicable in
Chapter 11, see Section N 1101.6.
[RE] BUILDING THERMAL ENVELOPE. For the defi-
nition applicable in Chapter 11, see Section Nl 101.6.
[RB] BUILT-UP ROOF COVERING. Two or more layers
of felt cemented together and surfaced with a cap sheet, min-
eral aggregate, smooth coating or similar surfacing material.
[RB] CAP PLATE. The top plate of the double top plates
used in structural insulated panel (SIP) construction. The cap
plate is cut to match the panel thickness such that it overlaps
the wood structural panel facing on both sides.
[RB] CARBON MONOXIDE ALARM. A single- or multi-
ple -station alarm intended to detect carbon monoxide gas and
alert occupants by a distinct audible signal. It incorporates a
sensor, control components and an alarm notification appli-
ance in a single unit.
[RBI CARBON MONOXIDE DETECTOR. A device with
an integral sensor to detect carbon monoxide gas and transmit
an alarm signal to a connected alarm control unit.
[RBI CEILING HEIGHT. The clear vertical distance from
the finished floor to the finished ceiling.
[RB] CEMENT PLASTER. A mixture of portland or
blended cement, Portland cement or blended cement and
hydrated lime, masonry cement or plastic cement and aggre-
gate and other approved materials as specified in this code.
[MP1 CHIMNEY. A primary vertical structure containing
one or more flues, for the purpose of carrying gaseous prod-
ucts of combustion and air from a fuel -burning appliance to
the outside atmosphere.
[RB] CHANGE OF OCCUPANCY. A change in the use of
a building or portion of a building that involves a change in
the application of the requirements of this code.
[MP] CHIMNEY CONNECTOR. A pipe that connects a
fuel -burning appliance to a chimney.
[MP] CHIMNEY TYPES.
Residential -type appliance. An approved chimney for
removing the products of combustion from fuel -burning,
residential -type appliances producing combustion gases
not in excess of 1,000°F (538°C) under normal operating
conditions, and capable of producing combustion gases of
1,400°F (760°C) during intermittent forces firing for peri-
ods up to 1 hour. All temperatures shall be measured at the
appliance flue outlet. Residential -type appliance chim-
neys include masonry and factory -built types.
[MP] CIRCUIT VENT. A vent that connects to a horizontal
drainage branch and vents two traps to not more than eight
traps or trapped fixtures connected into a battery.
[MP] CIRCULATING HOT WATER SYSTEM. A specif-
ically designed water distribution system where one or more
pumps are operated in the service hot water piping to circu-
late heated water from the water -heating equipment to fix-
tures and back to the water -heating equipment. For the
definition applicable in Chapter 11, see Section NI 101.6.
2018 INTERNATIONAL RESIDENTIAL CODE®
13
SCOPE AND ADMINISTRATION
ZL
this code, the provisions of this code, as applicable, shall
take precedence over the provisions in the referenced code
or standard.
R102.5 Appendices. Provisions in the appendices shall not
apply unless specifically referenced in the adopting ordi-
nance.
R102.6 Partial Invalidity. In the event any part or provision
of this code is held to be illegal or void, this shall not have the
effect of making void or illegal any of the other parts or pro-
visions.
R102.7 Existing structures. The legal occupancy of any
structure existing on the date of adoption of this code shall be
permitted to continue without change, except as is specifi-
cally covered in this code, the International Property Mainte-
nance Code or the International Fire Code, or as is deemed
necessary by the building official for the general safety and
welfare of the occupants and the public.
R102.7.1 Additions, alterations or repairs. Additions,
alterations or repairs to any structure shall conform to the
requirements for a new structure without requiring the
existing structure to comply with the requirements of this
code, unless otherwise stated. Additions, alterations,
repairs and relocations shall not cause an existing structure
to become unsafe or adversely affect the performance of
the building.
PART 2—ADMINISTRATION AND ENFORCEMENT
SECTION R103
DEPARTMENT OF BUILDING SAFETY
R103.1 Creation of enforcement agency. The department of
building safety is hereby created and the official in charge
thereof shall be known as the building official.
R103.2 Appointment. The building official shall be
appointed by the jurisdiction.
R103.3 Deputies. In accordance with the prescribed proce-
dures of this jurisdiction and with the concurrence of the
appointing authority, the building official shall have the
authority to appoint a deputy building official, the related
technical officers, inspectors, plan examiners and other
employees. Such employees shall have powers as delegated
by the building official.
SECTION R104
DUTIES AND POWERS OF THE BUILDING OFFICIAL
R104.1 General. The building official is hereby authorized
and directed to enforce the provisions of this code. The build-
ing official shall have the authority to render interpretations
of this code and to adopt policies and procedures in order to
clarify the application of its provisions. Such interpretations,
policies and procedures shall be in compliance with the intent
and purpose of this code. Such policies and procedures shall
not have the effect of waiving requirements specifically pro-
vided for in this code.
R104.2 Applications and permits. The building official
shall receive applications, review construction documents
and issue permits for the erection and alteration of buildings
and structures, inspect the premises for which such permits
have been issued and enforce compliance with the provisions
of this code.
R104.3 Notices and orders. The building official shall issue
necessary notices or orders to ensure compliance with this
code.
R104.4 Inspections. The building official shall make the
required inspections, or the building official shall have the
authority to accept reports of inspection by approved agen-
cies or individuals. Reports of such inspections shall be in
writing and be certified by a responsible officer of such
approved agency or by the responsible individual. The build-
ing official is authorized to engage such expert opinion as
deemed necessary to report on unusual technical issues that
arise, subject to the approval of the appointing authority.
R104.5 Identification. The building official shall carry
proper identification when inspecting structures or premises
in the performance of duties under this code.
R104.6 Right of entry. Where it is necessary to make an
inspection to enforce the provisions of this code, or where the
building official has reasonable cause to believe that there
exists in a structure or upon a premises a condition that is
contrary to or in violation of this code that makes the struc-
ture or premises unsafe, dangerous or hazardous, the building
official or designee is authorized to enter the structure or
premises at reasonable times to inspect or to perform the
duties imposed by this code, provided that if such structure or
premises be occupied that credentials be presented to the
occupant and entry requested. If such structure or premises is
unoccupied, the building official shall first make a reasonable
effort to locate the owner, the owner's authorized agent, or
other person having charge or control of the structure or
premises and request entry. If entry is refused, the building
official shall have recourse to the remedies provided by law
to secure entry.
R104.7 Department records. The building official shall
keep official records of applications received, permits and
certificates issued, fees collected, reports of inspections, and
notices and orders issued. Such records shall be retained in
the official records for the period required for the retention of
public records.
R104.8 Liability. The building official, member of the board
of appeals or employee charged with the enforcement of this
code, while acting for the jurisdiction in good faith and with-
out malice in the discharge of the duties required by this code
or other pertinent law or ordinance, shall not thereby be ren-
dered civilly or criminally liable personally and is hereby
relieved from personal liability for any damage accruing to
persons or property as a result of any act or by reason of an
act or omission in the discharge of official duties.
R104.8.1 Legal defense. Any suit or criminal complaint
instituted against an officer or employee because of an act
performed by that officer or employee in the lawful dis-
charge of duties and under the provisions of this code shall
be defended by legal representatives of the jurisdiction
2018 INTERNATIONAL RESIDENTIAL CODE®
23
SCOPE AND ADMINISTRATION
until the final termination of the proceedings. The building
official or any subordinate shall not be liable for cost in
any action, suit or proceeding that is instituted in pursu-
ance of the provisions of this code.
R104.9 Approved materials and equipment. Materials,
equipment and devices approved by the building official shall
be constructed and installed in accordance with such
approval.
R104.9.1 Used materials and equipment. Used materi-
als, equipment and devices shall not be reused unless
approved by the building official.
R104.10 Modifications. Where there are practical difficul-
ties involved in carrying out the provisions of this code, the
building official shall have the authority to grant modifica-
tions for individual cases, provided the building official shall
first find that special individual reason makes the strict letter
of this code impractical and the modification is in compliance
with the intent and purpose of this code and that such modifi-
cation does not lessen health, life and fire safety or structural
requirements. The details of action granting modifications
shall be recorded and entered in the files of the department of
building safety.
R104.10.1 Flood hazard areas. The building official shall
not grant modifications to any provisions required in flood
hazard areas as established by Table R301.20) unless a
determination has been made that:
I. There is good and sufficient cause showing that the
unique characteristics of the size, configuration or
topography of the site render the elevation standards
of Section R322 inappropriate.
2. Failure to grant the modification would result in
exceptional hardship by rendering the lot undevel-
opable.
3. The granting of modification will not result in
increased flood heights, additional threats to public
safety, extraordinary public expense, cause fraud on
or victimization of the public, or conflict with exist-
ing laws or ordinances.
4. The modification is the minimum necessary to
afford relief, considering the flood hazard.
5. Written notice specifying the difference between the
design flood elevation and the elevation to which the
building is to be built, stating that the cost of flood
insurance will be commensurate with the increased
risk resulting from the reduced floor elevation and
stating that construction below the design flood ele-
vation increases risks to life and property, has been
submitted to the applicant.
R104.11 Alternative materials, design and methods of
construction and equipment. The provisions of this code
are not intended to prevent the installation of any material or
to prohibit any design or method of construction not specifi-
cally prescribed by this code. The building official shall have
the authority to approve an alternative material, design or
method of construction upon application of the owner or the
owner's authorized agent. The building official shall first find
that the proposed design is satisfactory and complies with the
intent of the provisions of this code, and that the material,
method or work offered is, for the purpose intended, not less
than the equivalent of that prescribed in this code in quality,
strength, effectiveness, fire resistance, durability and safety.
Compliance with the specific performance -based provisions
of the International Codes shall be an alternative to the spe-
cific requirements of this code. Where the alternative material,
design or method of construction is not approved, the building
official shall respond in writing, stating the reasons why the
alternative was not approved.
R104.11.1 Tests. Where there is insufficient evidence of
compliance with the provisions of this code, or evidence
that a material or method does not conform to the require-
ments of this code, or in order to substantiate claims for
alternative materials or methods, the building official shall
have the authority to require tests as evidence of compli-
ance to be made at no expense to the jurisdiction. Test
methods shall be as specified in this code or by other rec-
ognized test standards. In the absence of recognized and
accepted test methods, the building official shall approve
the testing procedures. Tests shall be performed by an
approved agency. Reports of such tests shall be retained
by the building official for the period required for retention
of public records.
SECTION R105
PERMITS
R105.1 Required. Any owner or owner's authorized agent
who intends to construct, enlarge, alter, repair, move, demol-
ish or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace
any electrical, gas, mechanical or plumbing system, the
installation of which is regulated by this code, or to cause any
such work to be performed, shall first make application to the
building official and obtain the required permit.
R105.2 Work exempt from permit. Exemption from permit
requirements of this code shall not be deemed to grant autho-
rization for any work to be done in any manner in violation of
the provisions of this code or any other laws or ordinances of
this jurisdiction. Permits shall not be required for the follow-
ing:
Building:
1. One-story detached accessory structures, provided
that the floor area does not exceed 200 square feet
(18.58 m'-).
2. Fences not over 7 feet (2134 mm) high.
3. Retaining walls that are not over 4 feet (1219 mm)
in height measured from the bottom of the footing
to the top of the wall, unless supporting a sur-
charge.
4. Water tanks supported directly upon grade if the
capacity does not exceed 5,000 gallons (18 927 L)
and the ratio of height to diameter or width does
not exceed 2 to I.
5. Sidewalks and driveways.
2018 INTERNATIONAL RESIDENTIAL CODE*
SCOPE AND ADMINISTRATION
z Ll
6. Painting, papering, tiling, carpeting, cabinets,
counter tops and similar finish work.
7. Prefabricated swimming pools that are less than 24
inches (610 man)deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall
that do not project more than 54 inches (1372 mtn)
from the exterior wall and do not require addi-
tional support.
10. Decks not exceeding 200 square feet (18.58 m2) in
area, that are not more than 30 inches (762 mm)
above grade at any point, are not attached to a
dwelling and do not serve the exit door required by
Section R311.4.
Electrical:
1. Listed cord -and -plug connected temporary decora-
tive lighting.
2. Reinstallation of attachment plug receptacles but not
the outlets therefor.
3. Replacement of branch circuit overcurrent devices
of the required capacity in the same location.
4. Electrical wiring, devices, appliances, apparatus or
equipment operating at less than 25 volts and not
capable of supplying more than 50 watts of energy.
5. Minor repair work, including the replacement of
lamps or the connection of approved portable elec-
trical equipment to approved permanently installed
receptacles.
Gas:
1. Portable heating, cooking or clothes drying appli-
ances.
2. Replacement of any minor part that does not alter
approval of equipment or make such equipment
unsafe.
3. Portable -fuel -cell appliances that are not connected
to a fixed piping system and are not interconnected
to a power grid.
Mechanical:
1. Portable heating appliances.
2. Portable ventilation appliances.
3. Portable cooling units.
4. Steam, hot- or chilled -water piping within any heat-
ing or cooling equipment regulated by this code.
5. Replacement of any minor part that does not alter
approval of equipment or make such equipment
unsafe.
6. Portable evaporative coolers.
7. Self-contained refrigeration systems containing 10
pounds (4.54 kg) or less of refrigerant or that are
actuated by motors of 1 horsepower (746 W) or less.
8, Portable -fuel -cell appliances that are not connected
to a fixed piping system and are not interconnected
to a power grid.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or
vent pipe; provided, however, that if any concealed
trap, drainpipe, water, soil, waste or vent pipe
becomes defective and it becomes necessary to
remove and replace the same with new material,
such work shall be considered as new work and a
permit shall be obtained and inspection made as pro-
vided in this code.
2. The clearing of stoppages or the repairing of leaks in
pipes, valves or fixtures, and the removal and rein-
stallation of water closets, provided such repairs do
not involve or require the replacement or rearrange-
ment of valves, pipes or fixtures.
R105.2.1 Emergency repairs. Where equipment replace-
ments and repairs must be performed in an emergency sit-
uation, the permit application shall be submitted within the
next working business day to the building official.
R105.2.2 Repairs. Application or notice to the building
official is not required for ordinary repairs to structures,
replacement of lamps or the connection of approved porta-
ble electrical equipment to approved permanently installed
receptacles. Such repairs shall not include the cutting
away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or load -bearing support,
or the removal or change of any required means of egress,
or rearrangement of parts of a structure affecting the
egress requirements; nor shall ordinary repairs include
addition to, alteration of, replacement or relocation of any
water supply, sewer, drainage, drain leader, gas, soil,
waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
R105.2.3 Public service agencies. A permit shall not be
required for the installation, alteration or repair of genera-
tion, transmission, distribution, metering or other related
equipment that is under the ownership and control of pub-
lic service agencies by established right.
R105.3 Application for permit. To obtain a permit, the
applicant shall first file an application therefor in writing on a
form furnished by the department of building safety for that
purpose. Such application shall:
1. Identify and describe the work to be covered by the
permit for which application is made.
2. Describe the land on which the proposed work is to be
done by legal description, street address or similar
description that will readily identify and definitely
locate the proposed building or work.
3. Indicate the use and occupancy for which the proposed
work is intended.
4. Be accompanied by construction documents and other
information as required in Section RI06.1.
5. State the valuation of the proposed work.
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6. Be signed by the applicant or the applicant's authorized
agent.
7. Give such other data and information as required by the
building official.
R105.3.1 Action on application. The building official
shall examine or cause to be examined applications for
permits and amendments thereto within a reasonable time
after filing. If the application or the construction docuu-
ments do not conform to the requirements of pertinent
laws, the building official shall reject such application in
writing stating the reasons therefor. If the building official
is satisfied that the proposed work conforms to the require-
ments of this code and laws and ordinances applicable
thereto, the building official shall issue a permit therefor as
soon as practicable.
R105.3.1.1 Determination of substantially improved
or substantially damaged existing buildings in flood
hazard areas. For applications for reconstruction,
rehabilitation, addition, alteration, repair or other
improvement of existing buildings or structures located
in a flood hazard area as established by Table
R301.2(1), the building official shall examine or cause
to be examined the construction documents and shall
make a determination with regard to the value of the
proposed work. For buildings that have sustained dam-
age of any origin, the value of the proposed work shall
include the cost to repair the building or structure to its
predamaged condition. If the building official finds that
the value of proposed work equals or exceeds 50 per-
cent of the market value of the building or structure
before the damage has occurred or the improvement is
started, the proposed work is a substantial improvement
or repair of substantial damage and the building official
shall require existing portions of the entire building or
structure to meet the requirements of Section R322.
For the purpose of this determination, a substantial
improvement shall mean any repair, reconstruction,
rehabilitation, addition or improvement of a building or
structure, the cost of which equals or exceeds 50 per-
cent of the market value of the building or structure
before the improvement or repair is started. Where the
building or structure has sustained substantial damage,
repairs necessary to restore the building or structure to
its predamaged condition shall be considered substan-
tial improvements regardless of the actual repair work
performed. The tern shall not include either of the fol-
lowing:
I. Improvements to a building or structure that are
required to correct existing health, sanitary or
safety code violations identified by the building
official and that are the minimum necessary to
ensure safe living conditions.
2. Any alteration of a historic building or structure,
provided that the alteration will not preclude the
continued designation as a historic building or
structure. For the purposes of this exclusion, a
historic building shall be any of the following:
2.1. Listed or preliminarily determined to be eli.
gible for listing in the National Register of
Historic Places.
2.2. Determined by the Secretary of the U.S.
Department of Interior as contributing to the
historical significance of a registered historic
district or a district preliminarily determined
to qualify as an historic district.
2.3. Designated as historic under a state or local
historic preservation program that is
approved by the Department of Interior.
R105.3.2 Time limitation of application. An application
for a pennit for any proposed work shall be deemed to
have been abandoned 180 days after the date of filing
unless such application has been pursued in good faith or a
permit has been issued; except that the building official is
authorized to grant one or more extensions of time for
additional periods not exceeding 180 days each. The
extension shall be requested in writing and justifiable
cause demonstrated.
R105.4 Validity of permit. The issuance or granting of a
permit shall not be construed to be a permit for, or an
approval of, any violation of any of the provisions of this
code or of any other ordinance of the jurisdiction. permits
presuming to give authority to violate or cancel the provi.
sions of this code or other ordinances of the jurisdiction shall
not be valid. The issuance of a pennit based on construction
documents and other data shall not prevent the building offi-
cial from requiring the correction of errors in the construction
documents and other data. The building official is authorized
to prevent occupancy or use of a structure where in violation
of this code or of any other ordinances of this jurisdiction.
R105.5 Expiration. Every permit issued shall become
invalid unless the work authorized by such pennit is com-
menced within 180 days after its issuance or after commence-
ment of work if more than 180 days pass between
inspections. The building official is authorized to grant, in
writing, one or more extensions of time, for periods not more
than 180 days each. The extension shall be requested in writ-
ing and justifiable cause demonstrated.
R105.6 Suspension or revocation. The building official is
authorized to suspend or revoke a pennit issued under the
provisions of this code wherever the pennit is issued in error
or on the basis of incorrect, inaccurate or incomplete informa-
tion, or in violation of any ordinance or regulation or any of
the provisions of this code.
R105.7 Placement of permit. The building permit or a copy
shall be kept on the site of the work until the completion of
the project.
R105.8 Responsibility. It shall be the duty of every person
who performs work for the installation or repair of building,
structure, electrical, gas, mechanical or plumbing systems,
for which this code is applicable, to comply with this code.
R105.9 Preliminary inspection. Before issuing a permit, the
building official is authorized to examine or cause to be
examined buildings, structures and sites for which an applica-
tion has been filed.
2018 INTERNATIONAL RESIDENTIAL CODED
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replace the same with new material, such work shall be considered as new work and a permit shall be obtained
and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and
reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of
valves, pipes or fixtures.
3. The replacement or removal and reinstallation of any fixture or appliance, provided, however, that the
fixture or appliance is installed at the same location and it is not necessary to remove, replace, alter, or install any
piping. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any
work to be done in violation of the provisions of the Code or any other laws or ordinances of this jurisdiction.
Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to
be done in a manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction.
Section 105.5 of both the IBC and IRC. Modify Section 105.5 of both the IBC and IRC by adding a sentence to
the end as follows:
In no case shall the permit be effective unless the work covered by the permit has a documented inspection every
6 months minimum and is completed within 24 months of the date on which the original permit was issued.
Section 106.8 of the IBC and R105.10 of the IRC. Add two new Sections 105.8 and 105.8.1 to the IBC and
R105.10 and R105.10.1 to the IRC as follows:
105.8 (IBC) R105.10 (IRC) Demolition permits required. A demolition permit shall be required as follows
1. For the removal of any building or structure.
2. For the removal of any portion of a building (i.e. porch, porch railing, decorative brackets and trim,
dormers, chimneys, etc.) that is located within a Historic Preservation Overlay Zone or a Conservation District
Overlay Zone, or is an Iowa City Historic Landmark.
105.8.1 (IBC) And R105.10.1 (IRC) Requirements. The applicant for any demolition permit shall state on the
application the proposed disposal plans for all demolition materials. No demolition permit shall be issued until
seven (7) working days after the date an application has been properly filed and said demolition permit shall not
be effective until applicant has posted the premises to be demolished with a notice to be provided by the City and
as directed by the City; provided, however, that accessory buildings as defined in the Iowa City Zoning Ordinance
and dangerous buildings shall be exempt from said notice and waiting requirement.
Section 105.9 of the IBC and R105.11 of the IRC. Add two new Sections 105.9 to the IBC and R105.11 to the
IRC as follows:
105.9 (IBC) and R105.11 (IRC) Permittee:
1. An electrical, plumbing or mechanical permit may be issued to any person holding a valid master license
for the respective trade as described in Section 17-11-1 of the Iowa City Code, or to any company who employs a
duly licensed master in the respective trade on a full-time basis who supervises the work of the apprentice and or
journeymen during the company's normal business hours.
2. An electrical, plumbing or mechanical permit may be issued to the owner of an existing owner -occupied
single- family dwelling, pursuant to a valid certificate of occupancy and used exclusively for residential purposes,
to do any electrical work in connection with said dwelling and accessory buildings. The owner must personally
purchase all material and perform all labor in connection with the permit. Applicants for a homeowner's electrical
permit shall pass the designated exam before a permit may be issued.
3. The homeowner's test required in subsection 2 of this section may be waived if the applicant is a duly
licensed electrician with a minimum of a journeyman status.
Section 105.10 of the IBC and R105.12 of the IRC. Add two new Sections 105.10 to the IBC and R105.12 to the
IRC as follows:
105.10 (IBC) and R105.12 (IRC) Insurance:
Before any permit to perform electrical or plumbing work may be issued, the applicant shall have on file with the
building official a copy of a certificate of insurance stating the liability amounts of no less than three hundred
thousand dollars ($300,000.00) property damage and five hundred thousand dollars ($500,000.00) bodily injury.
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CITY OF IOWA CITY
MEMORANDUM
Date: March 30, 2023
To: Board of Appeals
From: Susan Dulek, Ass't. City Attorne
Re: 319 N. Van Buren Streetlappeal of extension of building permit
Question before the Board.
The question the Board must answer is whether the extension of the building permit was
incorrect.
City Code provision governing appeals.
Section 17-1-2C of the Iowa City Code governs appeals to the Board of Appeals, and reads as
follows:
C. Authority: The board of appeals may by majority vote reverse a decision by
the building official or the fire chief based on the building code or fire code only if
it finds that:
1. There are practical difficulties involved in carrying out the provisions of this
code. "Practical difficulties" means that: a) the strict letter of this code is
impractical; b) the modification is in conformance with the intent and purpose of
this code; and c) such modification does not lessen any fire protection
requirements or any degree of structural integrity; or
2. Any material, alternate design or method of construction not specifically
prescribed by this code is appropriate. Any material, alternate design or method
of construction is appropriate if: a) the proposed design is satisfactory and
complies with the provision of this code; and b) the material, method or work
offered is, for the purpose intended, at least the equivalent of that prescribed in
this code in suitability, strength, effectiveness, fire resistance, durability, safety
and sanitation; or
3. If the building official has incorrectly interpreted a provision of the code; or
4. If the provisions of the code do not fully apply.
(emphasis added)
Subsections 1, 2, and 4 are inapplicable to an extension of a building permit. Thus, the
question is whether the Building Official has incorrectly interpreted a provision of the City Code.
Section R105.5 of the International Residential Code, which the City adopted in Section 17-1 of
the Iowa City Code, specifically authorizes the Building Official to grant an extension if a request
is made in writing and "justifiable cause demonstrated."
Appeal should be denied.
Prestige Properties did submit a written request. As stated in the email from the Building Official
granting the extension, the "request to extend permit BLDR21-0275 for 319 N Van Buren Street
due to plan revisions on behalf of the applicant and material delays is hereby granted." Plan
revisions and material delays are justifiable cause. The Building Official did not incorrectly
interpret a provision of the code, and the appeal should be denied.
M
BELINNtCOTMICK
ATTORNEYS AT LAW
March 30, 2023
VIA ENTAIL
Board of Appeals
220 S. Gilbert Street
Iowa City, Iowa 52240
David Ginger
Direct 17ia1: (515) 283-4668
Tired Fax: (515) 559-0669
E-mail: dlgintmrCd}belinax000rmiek.com
Re: Appeal of Building Official 's Decision to Extend Building Permit
Dear Board of Appeals:
My office represents the owner of 319 N. Van. Buren Street, Iowa City, Iowa, Prestige Properties
Development, LLC ("Owner"). The Owner is in agreement with the City of Iowa City's position
regarding this appeal. Section 105.5 of the International Residential Code clearly authorizes the
building official to grant extensions to the time periods for documented inspections. The
language of Iowa City Code Section 17-1-3 that states "[i]n no case shall the peanut be effective
unless the work covered by the permit has a documented inspection every 6 months minimum . .
. " only applies if the building official chooses to not grant an extension.
I would like to also specifically note that, should the Board of Appeals grant this appeal, it would
not affect a subsequent application from the Owner for a now building permit using the same
building plans.
Respectfully,
David Ginger
(4192705, 11.n0C
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