HomeMy WebLinkAbout2023 BOA Decision April 19, 2023 Prepared by:Kirk Lehmann,Associate Planner,410 E.Washington, Iowa City, IA 52240; 319-356-5230
DECISION 11111111111111111
IOWA CITY BOARD OF ADJUSTMENT Doc ID: 032073870002 Type: GEN
Kind: DECISION
WEDNESDAY, APRIL 19, 2023 Recorded:Amt: $05 /001/2023 0 Page ato09:25:32 AM
ROOM 302, IOWA CITY SENIOR CENTER, 28 S. LINN STREET Johnson countv Iowa
Kim Painter County Recorder
MEMBERS PRESENT: Nancy Carlson, Mark Russo, Paula Swygard BK6474 PG834-835
MEMBERS ABSENT: Larry Baker, Bryce Parker
STAFF PRESENT: Sue Dulek, Kirk Lehmann, Grant Lientz [independent legal representation
for the Board], Danielle Sitzman,
OTHERS PRESENT: Gregg Geerdes, Bruce Ayati, Sharon DeGraw, Thomas Agran, Jim
Throgmorton, Jake Vardaman, Dorothy Fowles
APPEAL ITEMS:
1. APL23-0002: A public hearing regarding an appeal submitted by David Moore to overturn a
decision of the Building Official to extend a building permit for a single-family home at 319 N,.
Van Buren Street: alleging that the proposed building does not meet setback and other
requirements of City Code. The Board concludes that the Building Official extended the
permit in error because the proposed building does not meet the front setback requirement
based on the following findings:
• The door that faces east towards North Van Buren Street on the second story of the
building is the principal means of access as evidenced by prior plans for the proposed
building which show only that door along the east fagade, by elements of the approved
plans representing that door as leading into a foyer with a coat closet, and by elements
of that door including its color and form.
• The door that faces south towards the alley on the ground floor/first floor of the building
is not the principal means of access as evidenced by prior plans for the proposed
building not including that door, by elements of the approved plans including that door
leading to an office that can be closed from the rest of the living space, and by elements
of that door including its color and form.
• Stairways that function as the principal means of access to dwelling units located above
the ground or first floor of a building may not extend into any required setback.
• The approved plans show a stairway within the required setback area, that stairway is
the principal means of access to the dwelling unit, and that primary means of access is
above the ground or first floor of the building.
• Because the standard is not met, the Building Official issued the building permit in error.
DISPOSITON: By a vote of 3-0, the Board approved the appeal to overturn a decision of the
Building Official to extend a building permit for a single-family home at 319 N. Van len
Street because the proposed building does not meet the front setback requir m !nt.Z' he
decision of the Building Official is overturned, and the building permit is termrp, td. ..
TIME LIMITATIONS: -�a+ ;
All orders of the Board, which do not set a specific time limitation on Applicant action, shall
expire six (6) months from the date they were filed with the City Clerk, unless the application
shall have taken action within such time period to establish the use or construct the
improvement authorized under the terms of the Board's decision. City Code Section 14-8C-
1 E, City of Iowa City, Iowa.
.., Approved by:
Y
Nancy Carl on, Chairperson
City Attorney's Office
STATE OF IOWA )
JOHNSON COUNTY )
I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of
Adjustment Decision herein is a true and correct copy of the Decision that was passed by the
Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 19th day of April, 2023 as
the same appears of record in my Office.
Dated at Iowa City, thisday ofm _ 20
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- Kellie K. Fruehling, C�hby Clerk
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