HomeMy WebLinkAbout2023-04-12 UPDATED BOA Agenda PacketIOWA CITY BOARD OF ADJUSTMENT
Wednesday, April 12, 2023 –5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
Agenda:
Call to Order
Roll Call
Appeal Item
DAPL23-0002: An appeal submitted by David Moore to overturn a decision of the
Building Official to extend Dbuilding 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.>PDWHULDOVXSGDWHG$SULO@
Special Exception Item
DEXC23-0003: An application submitted by Mark Holtkamp (A Latte Buzzness)
requesting special exceptions to allow a drive-through facility associated with an
eating establishment and D drive-through facility associated with an Automated
Teller Machine (ATM) in a Community Commercial (CC-2) zone for property south
of N. Dodge Street and west of N. Scott Boulevard.
Consideration of Meeting Minutes: March 8, 2023
Board of Adjustment Announcements
Adjournment
If you need disability-related accommodations in order to participate in this meeting, please
contact Kirk Lehmann, Urban Planning at 319-356-5247 or at klehmann@iowa-city.org.
Early requests are strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Board of Adjustment Meetings
Formal: May 10 / June 14 / July 12
Informal: Scheduled as needed.
1
$3/23-000
ITEM A ON THE AGENDA
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Prepared by Staff
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To: Board of Adjustment
Item: APL23-0002
Parcel Number: 1010162004
GENERAL INFORMATION:
Applicant(s)/Contact:
Property Owner(s):
Requested Action:
Purpose:
Location:
Prepared by: Kirk Lehmann, Associate Planner
Date: April 12, 2023 XSGDWHG
David Moore
425 E. Davenport Street
Iowa City, IA 52245
david_lysa@yahoo.com
smshullaw@gmail.com
Michael Oliveira
Prestige Properties Development, LLC
329 E. Court Street, Suite 2
Iowa City, IA 52240
To overturn a decision of the Building Official to
extend a building permit for a single-family home
To revoke the permit extension.
319 N. Van Buren Street
Location Map:
Size:2,800 square feet
3
Existing Land Use and Zoning:Vacant;Neighborhood Stabilization Residential
(RNS-12)
Surrounding Land Use and Zoning North:Residential;Neighborhood Stabilization
Residential with a Conservation District
Overlay (OCD/RNS-12)
East:Residential; Neighborhood Stabilization
Residential (RNS-12)
South:Residential; Commercial Office (CO-1)
West:Residential; Neighborhood Stabilization
Residential with a Conservation District
Overlay (OCD/RNS-12)
Applicable Code Sections:14-2A-4B-4: Building Features Permitted Within
Required Setback Area
File Date:February 15, 2023
ATTACHMENTS:
Location & Zoning Maps
Staff Materials
Owner Materials>2ZQHUUHTXHVWVWKHLUPDWHULDOVEHGLVUHJDUGHG@
8SGDWHGCorrespondence
Application Materials
4
April 12, 2023
Board of Adjustment Meeting
APL23-0002
ATTACHMENT 1
Location & Zoning Maps
Prepared by Staff
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April 12, 2023
Board of Adjustment Meeting
APL23-0002
ATTACHMENT 2
Staff Materials
Prepared by Staff
8
Date:April 7, 2023
To:Board of Adjustment
From:Danielle Sitzman, Development Services Coordinator, Building Official
Re:Case APL23-0002- An appeal of a decision of the Building Official regarding front
setbacks at 319 N. Van Buren Street.
Introduction
This memo is to provide the Board information regarding the evaluation of front setbacks at the
subject property. The subject property is zoned Neighborhood Stabilization Residential Zone
“RNS-12” and a building permit for the construction of a detached single-family dwelling has been
issued by the City.
Issue
City staff’s understanding of the appeal is the appellant maintains a stairway extends into the
front setback area in violation of the Zoning Code.
Zoning Code Provisions
The key Zoning Code provision at issue is Section 14-2A-4B-2d, which is set forth below. Other
Code provisions cited in this memo and relevant definitions can be found at the end of the
memo.
4. Building Features Permitted Within Required Setback Area:The following
building features may extend into the required principal building setback area, subject to the
conditions indicated and provided that location of such a feature does not violate the provisions
of chapter 5, article D, "Intersection Visibility Standards", of this title.
d. 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.
City’s Analysis and Decision
The City’s decision to issue a building permit is based on the following.
The building plans show a detached single-family dwelling with 3-stories. The subject property
qualified for “setback averaging,” which results in the minimum front setback as 9.8’. The required
front yard setback area is the area between the street-side lot line(s) along North Van Buren
Street and a line drawn parallel to the street and west 9.8’ from the street. Within this required
front “setback area” principal buildings are not allowed, except for certain building features as
specified in Section 14-2A-4B-4 of the Iowa City Code.
9
The lowermost story of the proposed building is considered the ground floor/first floor of the
building by the zoning code and is labeled “Lower Level” on the building plan set, sheet 5, which
is attached to this memo.
The plans show an entry door to be located on the building façade adjacent to North Van Buren
Street on the ground/first floor. The entry door is oriented south and opens into the ground
floor/first floor living space (“south facing entry door”).The ground floor/first floor is connected
to the rest of the habitable space of the dwelling. The south facing entry door is the principal
means of access to the single dwelling unit proposed on the property.
A second door is to be located on the building façade adjacent to North Van Buren Street on the
next story above the ground floor/first floor which is labeled “Main Level” on the building plan
set, sheet 5. This door is oriented east and accessed via a stairway (“east facing entry door”).
Stairways are an allowed building feature which may extend into the required principal building
setback areas subject to the conditions indicated in 14-2A-4B-4d. The stairway, while it does
access the level of the building above the ground floor/first floor, is not the principal means of
access to the building The principal means of access to the building as stated above is the
south facing entry door on the building façade adjacent to North Van Buren Street.
Therefore, the stairway can extend without limit into the front setback area.
City Code Provisions
Title 14 Zoning Code, Chapter 9 Definitions (14-9A-1)
ABUT/ABUTTING: Contiguous; having a common boundary, wall, or property line.
ALLEY: An open public way intended for use as a means of vehicular access to abutting property.
BASEMENT: A portion of a building located partially underground but having three and one-half
feet (3.5') or more of its floor to ceiling height above grade. A "basement" is counted as a story
for the purpose of height and setback regulations.
BUILDING: Any structure with a roof and designed or intended to support, enclose, shelter or
protect persons, animals or property.
BUILDING FACADE: The exterior wall of a building adjacent to a street, the front or side along a
private street, or civic space.
DWELLING: A building wholly or partially used or intended to be used for residential occupancy.
DWELLING, DETACHED SINGLE-FAMILY: A single-family use that is not attached to any other
dwelling unit.
DWELLING UNIT: Any habitable room or group of adjoining habitable rooms located within a
dwelling and forming a single unit with facilities used or intended to be used by one household for
living, sleeping, cooking and eating meals. Multiple dwelling units exist if there is more than one
meter for any utility, more than one address to the property, more than one kitchen, and/or if there
is a lockable, physical separation between rooms within the dwelling unit such that a room or
rooms on each side of the separation could be used as a dwelling unit.
FRONTAGE: The distance as measured along a right of way line from one intersecting street to
another, from one intersecting street to the end of a dead end street or from one intersecting
street to the end of a cul-de-sac.
10
GRADE (Adjacent Ground Elevation): The average point of elevation of the finished surface of
the ground, paving or sidewalk within the area between the building and the property line or,
when the property line is more than five feet (5') from the building, between the building and a
line five feet (5') from the building. When the finished surface of the ground has been raised by
adding fill to create a higher grade around a building, the slope of the fill within twenty feet (20')
of the building shall not exceed four (4) horizontal to one vertical or twenty five percent (25%).
GROUND FLOOR/FIRST FLOOR: The lowest floor of a building having its floor to ceiling height
at or above the grade.
LOT, CORNER: A lot located at the intersection of two (2) or more streets.
LOT, INTERIOR: A lot bounded by a street on only one side.
LOT LINE, STREET-SIDE: Any lot line that separates a lot from a public or private street (not
including alleys or private rear lanes).
PUBLIC RIGHT OF WAY: Property dedicated to public use and intended for the movement of the
public.
STREET, LOCAL: A street used primarily for access to abutting property and for moving local
traffic.
PROJECTIONS (INTO SETBACKS): Parts of buildings, such as architectural features, which
protrude into required setback areas.
PRIMARY BUILDING: The building that serves all activities related to the principal use of the
design site.
PRIMARY STREET FRONTAGE: The frontage of a lot to which the address is assigned.
PRINCIPAL BUILDING: A building containing the principal use.
PRINCIPAL USE: The primary use of land or a structure as distinguished from an accessory
use, e.g., a dwelling is a principal use on a lot in a residential zone, while a garage or pool is an
accessory use.
SETBACK: The distance between a specified object, such as a building, and another point.
"Setbacks" are usually measured from lot lines to a specified object. Unless otherwise indicated,
an unspecified setback refers to a building setback.
SETBACK AREA: A required area on a lot unoccupied by structures above grade, except for
projections and specific accessory uses or structures allowed in such area under the provisions
of this title. A "setback area" extends from the grade upward.
SETBACK (AREA), FRONT: The area on a lot between the street-side lot line(s) and the front
setback line.
SETBACK LINE: The line beyond which a specified use, object, building or structure shall not
project, except as specified in this title.
SETBACK LINE, FRONT: A line drawn parallel to the street and as far back from the street as
specified for the principal building, front setback.
11
STREET, PUBLIC: A right of way, dedicated to and accepted for public use, which affords a
means of access to abutting property and a means of vehicular travel. A public street is owned or
controlled by a government entity.
Title 14 Zoning Code, Chapter 2A Dimensional Requirements Single-Family Residential
Zones (14-2A-4):
The dimensional requirements for the single-family residential zones are stated in table 2A-2,
located at the end of this section and described in more detail in subsections A through E.
Subsection B is entirely about setbacks for principal buildings.
2. General Setback Requirements: Generally, the minimum required setbacks for
principal buildings in residential zones are stated in table 2A-2, located at the end of this
section. The minimum setbacks for principal buildings create required setback areas within
which principal buildings are not allowed, except for certain building features as specified in this
subsection.
The table states the Minimum Front Setbacks for principal structures in the RNS-12 zone is
fifteen (15) feet.
e. Setback Averaging:
(2) Where at least fifty percent (50%) of the lots along a frontage are occupied by principal
buildings that are located closer to the street than the required front setback, the front setback
may be reduced to the average of the respective setbacks on the abutting lots. Only the
setbacks on the lots that abut each side of the subject property along the same street may be
used to calculate the average. Setbacks across the street or along a different street frontage
may not be used. When one abutting lot is vacant or if the lot is a corner lot, then the average is
based on the setback of the nonvacant lot and the required setback for the zone in which the lot
is located.
The subject property qualified for setback averaging, therefore the minimum front setback as is
9.8’.
4. Building Features Permitted Within Required Setback Area:The following building
features may extend into the required principal building setback area, subject to the conditions
indicated and provided that location of such a feature does not violate the provisions of chapter
5, article D, "Intersection Visibility Standards", of this title.
d. 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.
Attachments:
Approved Building Plans
Full Code of 14-2A-4
Setback Averaging Calculation
12
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Title 14 Zoning Code
Chapter 2 Base Zones
A. Single-Family Residential Zones
4. Dimensional Requirements
B. Minimum Setback Requirements for Principal Buildings
3. Specific Setback Requirements
e. Setback Averaging:
(2) Where at least fifty percent (50%) of the lots along a frontage are occupied
by principal buildings that are located closer to the street than the required front
setback, the front setback may be reduced to the average of the respective setbacks on
the abutting lots. Only the setbacks on the lots that abut each side of the subject
property along the same street may be used to calculate the average. Setbacks across
the street or along a different street frontage may not be used. When one abutting lot is
vacant or if the lot is a corner lot, then the average is based on the setback of the
nonvacant lot and the required setback for the zone in which the lot is located.
(See figure 2A.2 of this section.)
Figure 2A.2 - Setback Averaging (2)
26
Staff Analysis-Front Setback Distance:
This lot qualifies for setback averaging as 4 out of 5 lots (80%) along this frontage are
occupied with buildings closer than the 15’ base zone front setback. The subject lot is
not a corner lot as it is only bounded by one street. While streets and alleys are both
public rights-of-way, only streets are used in the setback averaging calculation. Only
the highlighted abutting lot’s measurement is used for calculation.
Therefore, Front setback for subject lot is:
9.8’/1 = 9.8’
27
APL23-0002 ATTACHMENT 3
Owner Materials
>2ZQHUUHTXHVWVWKHLUPDWHULDOV
EHGLVUHJDUGHG@
Prepared by Owner
28
29
30
APL23-0002 ATTACHMENT 4
8SGDWHGCorrespondence
Prepared by Identified Party
31
1
Board of Adjustment April 8, 2023
In an April 7 memo defending the decision to allow a staircase to intrude into the
required front setback, the Building Official states: “Stairways are an allowed building
feature which may extend into the required principal building setback area subject to the
condition indicated in 14-2A-4B-4d. The stairway, while it does access the level of the
building above the ground/first floor, is not the principle means of access to the building.
The principal means of access to the building as stated above is the south facing entry
door on the building facade adjacent to Van Buren Street. Therefore the stairway can
extend without limits into the front setback area.”
In making this interpretation the Building Official relies heavily on Section 14-2A-
4:B.4.d. (from now on referred to as Section d.). Section d. states, “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 presence of
this clause and its reference to “principal access” should not lead to allowing a full-story
staircase to a second access for a single-family house to intrude into the required
setback area, especially when read in context of the entire section addressing what
building features are allowed in the setback area.
The Building Official’s claim that “Stairways are an allowed building feature which may
extend into the required principal building setback area subject to the conditions
indicated in 14-2A-4B-4d….." is incorrect. Nowhere in the code (including section 14-
2A-4B-4.d.) does it say that stairways to a second floor are permitted to extend into a
required setback area for a single-family dwelling, regardless of whether it leads to a
principal or secondary access.
The portions of a building that the zoning code lists as being allowed to extend into the
setback are: awnings, uncovered balconies, bay windows, belt courses, buttresses,
canopies, chimneys, cornices, sills, and other similar features (Section 14-2A-4: B.4.a.).
The proposed full-story stairway is not similar to these items. It is, however, similar in
design and scale to porches, covered decks, and covered patios. All items that are
expressly prohibited from extending into the setback area (Section 14-2A-4: B.4.b.).
Read Section d. closely. “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 modifier “located above the ground floor” refers to dwelling
units, not principal access. In other words Section d. is saying if a building contains
dwelling units above the ground floor the building may not have a stairway (which
provides principal access to those dwelling units) extending into a setback. It does not
say if primary access is on the ground floor a stairway may lead to a second door on an
upper floor, as the Building Official misinterpreted.
Section d. refers to dwelling units above the ground floor for a reason. The use of
dwelling units plural indicates that it is referring to multiple units. This clause is not
referring to a single family dwelling. How could you have a single family dwelling above
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the ground floor? If the single family dwelling is above the ground floor, what is on the
ground floor? In reality part of the single family dwelling has to be on the ground floor.
The reason that Section d. is in the code is that in the 1990s some developers were
constructing multi-unit buildings with exterior staircases as means of access to dwelling
units located on upper floors. This style of construction allows a building to achieve a
maximum amount of leasable space with a minimum amount of interior common space
to be maintained. However, it can also result in aesthetic and safety concerns. The City
wished to discourage this type of design so Section d. was added to the code to
expressly prohibit exterior staircases in the setback area as the primary means of
access to dwellings located above the ground floor of multi-unit buildings. Other than
emphasizing that full-story exterior staircases are undesirable even on multi-family
buildings, Section d. is meaningless in the context of a single family dwelling.*
The section immediately following Section d., Section 14-2A-4B-4.e. (Section e.) applies
to single-family dwellings and other residential buildings. Section e. states: “Stoops and
wheelchair ramps that function as a means of access to the ground or first floor of a
building may extend into the rear setback, up to eight feet (8') into the required front
setback . . .” Section e. makes it clear that stairs that are allowed in the setback area
are limited to the ground or first floor. The Building Official ignored this clause in her
statement. Why would the zoning code limit stairs that are in the setback area to the
ground floor in Section e, but allow them to upper floors in Section d? When read
correctly it doesn’t.
The Building Official apparently did not take into account Section 14-4C-2: J.1.b, which
prohibits the construction of decks and platforms within 10 feet of the front property line.
The proposed staircase includes two landing platforms and decks within the prohibited
area.
Even if one bought the argument that stairways to the second floor are allowed if they
are providing secondary access, it would be questionable that the plan for 319 N. Van
Buren complies with this misinterpretation. The building and site plans show that the
second-floor door to which the encroaching staircase leads, is the front door to the
house. It faces the street and provides access to the main living area. It is clearly the
principal access. The first-floor door located on the southeast corner of the building
does not face the street. It faces an alley and will be hidden behind the staircase. It is
clearly not the principal access.
It should be noted that on February 3, 2022 the Building Official approved the plan
shown on Exhibit A. That plan did not show any pedestrian doorway on the first floor of
the house. The only pedestrian access was to the second floor reached by the stairway
that intrudes into the required setback. After inquiries were raised about approval of that
plan, it was amended on December 15, 2022 to include a door on the first floor, which
the Building Official is now claiming as the principal entrance. One might conclude that
the addition of this first-floor door was an attempt to rectify the mistake of granting a
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permit for a stairway that violates the setback. But it does not solve the violations as
detailed above.
When there is a question about interpretation, good zoning practice looks to the intent
or purpose clause of the code for guidance. For setbacks, Section 14-2A-4.B.1.c. states
that the purpose is to, “Reflect the general building scale and placement of structures in
the city's neighborhoods.” The proposed plan does not reflect the general building scale
and placement of structures in the RNS-12 zone or any single-family neighborhood in
the city. If you drive or walk through the neighborhoods of Iowa City, you will not find
examples of single-family houses with full-story stairways that intrude into the front yard
setback. If you do they are non-conforming or zoning violations.
The building permit for 319 N. Van Buren Street was issued by mistake and should be
revoked.
Robert Miklo
* Section d. appears in the single-family dimensional standards of the zoning code only
because the RNS-12 zone allows construction of multi-unit buildings when they are
being built to replace existing conforming multi-unit structures and therefore standards
are necessary to guide their construction.
Exhibit A: previously approved plan with no ground floor pedestrian access shown.
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March 23, 2023
RE: Appeal regarding property at 319 N Van Buren
Dear Property Owner and/or Occupant:
The Iowa City Board of Adjustment has received an appeal submitted by David Moore.
The appeal challenges a building permit extension issued for DVLQJOHIDPLO\KRPHDW
319 N. Van Buren Street alleging that the SURSRVHGbuilding does not meet setback and
other requirements of city code.
As a neighboring property owner and/or occupant, you are being notified of this
application. If you know of any interested party who has not received a copy of this
letter, we would appreciate it if you would inform them of the pending application.
The Board of Adjustment will review this application at a public meeting tentatively
scheduled for April 12, 2023 at 5:15 p.m. Because the meeting is subject to change, you
may wish to call 319-356-5247 or check the City of Iowa City’s website,
www.icgov.org/BOA, the week of the meeting to confirm the meeting agenda.
You are welcome to attend this public meeting to present your views concerning
this application. You may also submit written information to me for consideration in
advance of the meeting, and I will include your comments in the information to be
considered by the Board.
Please do not hesitate to contact me at klehmann@iowa-city.org or 319-356-5247 if you
have any questions or comments about this application or if you would like
more information on the Board of Adjustment review process.
Sincerely,
Kirk Lehmann, AICP
Associate Planner, City of Iowa City
Department of Neighborhood and Development Services
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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. You can find
more information at the following
website: www.icgov.org/boa.
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 klehmann@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 Kirk Lehmann at 319-356-
5247 or e-mail klehmann@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 klehmann@iowa-
city.org.
Board of Adjustment: Frequently Asked Questions
35
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April 12, 2023
Board of Adjustment Meeting
APL23-0002
ATTACHMENT 5
Application Materials
Prepared by Appellant
42
Project Description:
The building official has issued a building permit extension for a project at 319 N Van Buren
Street that does not meet setback and other requirements of city code.
Decision Being Appealed: Appealing the extension of a building permit
Date of Decision: 01/17/2023
Title of Administrative Official Issuing Decision: Building Official (Development Services Coordinator)
Code Section Cited in Official’s Decision: Municipal Code 17-1-3
Purpose of Appeal:
To revoke the permit extension.
Appeal Request Summary:
The building official has issued a building permit extension for a project that does not meet
setback and other requirements of city code.
Remedy Desired:
To revoke the permit extension.
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