HomeMy WebLinkAboutBOA Appeal Application.2017
APPLICATION TO THE
BOARD OF ADJUSTMENT
APPEAL
DATE: _____________________ PROPERTY PARCEL NO. ________________________
APPEAL PROPERTY ADDRESS: ______________________________________________
APPEAL PROPERTY ZONE: ____________ APPEAL PROPERTY LOT SIZE: _______
APPLICANT: Name: ____________________________________
Address: __________________________________
Phone: ____________________________________
CONTACT PERSON: Name: ____________________________________
Address: __________________________________
Phone: ____________________________________
PROPERTY OWNER: Name: ____________________________________
Address: __________________________________
Phone: ____________________________________
The Board of Adjustment is empowered to hear and decide appeals where it is alleged there is an
error in any order, requirement, decision, or determination made by the City Manager or designee in
the enforcement of the Zoning Code or of any ordinance adopted pursuant thereto.
Please see 14-8C-3 in the Zoning Code for detailed information on the appeal procedure. Planning
staff are available to assist applicants with questions about the appeal process or regulations and
standards in the code.
Appeals to the Board of Adjustment shall be filed with the City Clerk within a reasonable time period, not to
exceed 30 calendar days after the action appealed from. An appeal from a decision by the Building Inspector
to issue a permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more
than ten (10) business days after construction work pursuant to such permit is observable from adjacent
properties of the public right of way or ten (10) days after an alleged violation of the zoning code is similarly
observable. [Applicants may appeal an approval or denial of a Certificate of Appropriateness from the Historic
Preservation Commission within a conservation district by filing a letter with the City Clerk within ten(10)
business days after a resolution is filed by the Commission.]
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Decision being appealed: The applicant alleges that an error has been made by the
following administrative official (list title) ______________________________________
on (date) ____________________________________ in enforcing the Zoning Ordinance in
relation to the property listed above.
Please indicate the section of the Zoning Ordinance cited in the official’s decision:
____________________________________________________________________________
Purpose of the Appeal: The applicant wishes to challenge the above decision based on the
interpretation of the following section(s) of the Iowa City Zoning Ordinance. (This section
of the code may or may not be different from the section cited in the decision being
challenged.)
__________________________________________________________________________
Summary: In the space provided below or on a separate sheet, summarize the basis for
your appeal referring to the code sections listed above and providing sound reason(s) for
overturning the decision. (Provide evidence demonstrating that the decision was based on
an improper or erroneous interpretation of the Zoning Code.
Remedy desired:
What is the Board of Adjustment?
The Board of Adjustment is panel made
up of Iowa City citizens appointed by
the City Council. The board reviews
and grants special exceptions and
variances and also considers appeals
when there is a disagreement about an
administrative zoning decision made by
the City. Members of the board act like
judges, making decisions about
individual properties and uses that may
have difficulty meeting a specific
zoning regulation or to resolve disputes
about administrative zoning decisions.
The actions and decisions of the Board
of Adjustment are binding upon all
parties unless overturned upon appeal
to District Court. What is a special exception?
There are two types of special
exceptions.
1. Within the zoning code a number
of land uses are set apart as special
exceptions that may be permitted
in certain zones. Rather than
permitting these uses outright,
each is reviewed on a case-by-case
basis to ensure that they do not
negatively affect surrounding
properties. For example, daycare
centers are permitted in residential
zones by special exception. The
same is true of churches and
private schools. All may be
appropriate uses in residential
zones, if certain criteria such as
parking, screening, and other
requirements are met.
2. Adjustments to specific zoning
requirements in cases where there
are unique circumstances. Again,
the opportunity to adjust these
requirements and the criteria for
allowing such adjustments are
described in the Zoning Code. For
example, a homeowner may apply
for a reduction in a building
setback in order to accommodate
an addition or other improvement
to their property.
The Zoning Code lists explicitly each
use and standard for which a special
exception may be considered. In other
words, you can’t request a special
exception for everything—only those
things called out as special exceptions
in the Code. The Code also provides
criteria specific to each request.
Applicants must provide evidence that
they satisfy each of these criteria, and
the Board must consider these criteria
when making a determination as to
whether to grant a special exception.
What is a variance?
A variance grants a legal right to an
owner to develop property in a manner
that deviates from a specific provision
of the Zoning Code and for which a
special exception is not expressly
allowed. In seeking relief from the
restrictions in the Zoning Code, the
property owner applying for the
variance must show that the strict
application of the Zoning Code would
cause and unnecessary hardship such
that the property in question is
unusable or that a literal
interpretation of the ordinance would
deprive the applicant of rights
commonly enjoyed by other properties
in the zoning district. In addition the
circumstances that create this
hardship must be unique to the
property in question and must not be
of the property owner’s own making. What is an appeal?
The Board considers and rules on
appeals from any citizen who believes
there is an error in any decision,
determination, or interpretation made
by the City or its designee in the
administration of the Zoning Code. As
with their other decisions, the Board’s
ruling is binding on all parties unless
overturned on appeal to the District
Court.
How does the review process
work?
An application requesting a special
exception, variance, or an appeal is a
request. The Board makes a decision
on whether to grant a specific request
only after City staff have provided a
review of an application and the public
has had an opportunity to make its
concerns known. The Board not only
has the right to approve or deny
requests, but may also choose to
approve request subject to certain
conditions.
In making decisions, the Board may
only consider comments and evidence
relevant to the specific standards
provided in the code. City
Development Staff provide reports to
the Board for each application on the
agenda. The Staff Report provides
background information on the
application, informs the Board of all
the criteria in the Code that a
particular application must satisfy, and
interprets whether and how an
application has satisfied these criteria.
How can I participate in the
process?
Because most applications will be
reviewed and decided upon at a single
public hearing, it is important for
interested parties to respond in a
timely and informed manner. Those
who wish to speak for or against an
application are given an opportunity to
be heard by the Board at the hearing,
but may also submit written comments
prior to the meeting.
Written comments must be delivered
to the Department of Neighborhood &
Development Services at City Hall no
later than 5 days before the hearing in
order to be included with the Staff
Report. All correspondence submitted
after that time will be delivered to the
Board at the time of the hearing.
The Board considers the application,
the recommendation of staff (in the
staff report) and any additional
information, correspondence, or
testimony provided at the hearing.
Board of Adjustment hearings are
usually held on the second Wednesday
of each month at 5:15 p.m. in Emma J.
Harvat Hall in City Hall.
The Staff Report can be very useful to
anyone who is unfamiliar with the BOA
process or with the Zoning Code and
will provide an understanding of the
criteria that the Board must consider
in rendering its decision. Staff Reports
may be obtained from the Department
of Neighborhood & Development
Services. E-mail sarah-walz@iowa-
city.org to request a copy of a report.
If you have questions about an
application or if you simply want more
information about issues related to the
Board of Adjustment, please feel free
to contact Sarah Walz at 356-5239 or
e-mail sarah-walz@iowa-city.org.
To submit comments to the Board of
Adjustment write to the Board of
Adjustment c/o the Department of
Neighborhood & Development Services,
410 E. Washington St., Iowa City IA
52240 or e-mail boa@iowa-city.org.
Board of Adjustment: Frequently Asked Questions
CITY OF IOWA CITY
Board of Adjustment
2017 Application Deadlines
______________________________________________________________________
APPLICATION DEADLINE (12:00 p.m.) MEETING DATE
December 9, 2016 .................................................................................... January 11, 2017
January 13, 2017 ...................................................................................... February 8, 2017
February 10, 2017 ........................................................................................ March 8, 2017
March 10, 2017 ............................................................................................. April 12, 2017
April 14, 2017 ................................................................................................. May 10, 2017
May 12, 2017 .................................................................................................. June 14, 2017
June 16, 2017 ................................................................................................... July 12, 2017
July 14, 2017 ................................................................................................. August 9, 2017
August 11, 2017 ................................................................................. September 13, 2017
September 15, 2017 ............................................................................... October 11, 2017
October 13, 2017 ................................................................................. November 8, 2017
November 10, 2017 ............................................................................ December 13, 2017
December 8, 2017 .................................................................................... January 10, 2018
January 12, 2018 .................................................................................... February 14, 2018
February 16, 2018 ...................................................................................... March 14, 2018
APPLICATION FEES*
Special Exception, Variance, or Appeal $425
Combination BOA Actions $495
*These fees will be updated in February 2018 to reflect changes in the rate of inflation.
Meeting time and location
Board of Adjustment meetings are scheduled at 5:15 p.m. on the second Wednesday of each month in Emma Harvat Hall, City
Hall, 410 East Washington Street. Attendees are advised to check the meeting agenda at www.icgov.org/boa or contact the
Department of Development Services at 319-356-5230 for possible change in a meeting agenda.
For more information
Contact Sarah Walz at 319-356-5239 or sarah-walz@iowa-city.org.
Submit Application by Noon to:
City Clerk’s Office, City Hall, 410 E. Washington Street