HomeMy WebLinkAbout2024-04-10 BOA Agenda PacketIOWA CITY BOARD OF ADJUSTMENT
Wednesday, April 10, 2024 – 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
Agenda:
1. Call to Order
2. Roll Call
3. Special Exception Item
a. EXC24-0002: An application submitted by Casey Kohrt requesting a historic
preservation exemption to 1) reduce the minimum onsite parking required for a
three bedroom single family home from two to one space and 2) waive the standard
that parking spaces within the front setback must be located behind another parking
space for the property at 435 Rundell Street.
4. Consideration of Meeting Minutes: March 13, 2023
5. Board of Adjustment Information
6. Adjournment
If you need disability-related accommodations in order to participate in this meeting, please
contact Parker Walsh, Urban Planning at 319-356-5238 or at pwalsh@iowa-city.org. Early
requests are strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Board of Adjustment Meetings
Formal: May 8 / June 12 / July 10
Informal: Scheduled as needed.
April 10, 2024
Board of Adjustment Meeting
EXC24-0002
ITEM 3A ON THE AGENDA
Staff Report
Prepared by Staff
1
STAFF REPORT
To: Board of Adjustment
Item: EXC24-0002 435 Rundell Street
Prepared by: Melanie Comer, Planning Intern and
Parker Walsh, Associate Planner
Date: April 10, 2024
GENERAL INFORMATION:
Applicant/Owner/Contact Person: Casey Kohrt
cjkohrt@gmail.com
Requested Action: Reduce the minimum on-site parking and waive the
standard that parking spaces within the front
setback must be located behind another parking
space
Purpose: To convert a single car garage into living space
Location: 435 Rundell Street
Location Map:
Size: 6,250 square feet
Existing Land Use and Zoning:
Residential; Medium Density Single Family
Residential with a Historic District Overlay (RS-
8/OHD)
Surrounding Land Use and Zoning North: Residential; Medium Density Single Family
Residential (RS-8)
Residential; Historic Overlay District (OHD)
East: Residential; Medium Density Single Family
Residential (RS-8)
Residential; Historic Overlay District (OHD)
South: Residential; Medium Density Single Family
Residential (RS-8)
Residential; Historic Overlay District (OHD)
West: Residential; Medium Density Single Family
Residential (RS-8)
2
Residential; Historic Overlay District (OHD)
Applicable Code Sections: 14-4B-3A: General Approval Criteria
14-2A-7B: Historic Preservation Exception
File Date: March 6, 2024
BACKGROUND:
The applicant, Casey Kohrt, is requesting a Historic Preservation Exception to reduce the minimum
parking requirements for a single family home located at 435 Rundell Street in order to convert the
existing attached single car garage into living space. The property is zoned Medium Density Single
Family Residential with a Historic District Overlay (OHD/RS-8) and was built c. 1937. The house is
a key contributing structure in the Longfellow Historic District. Attachments 1 and 2 include an aerial
image and zoning exhibit of the subject property.
The applicant is seeking a Historic Preservation Exception to modify two standards:
1. The property is a three bedroom single family home, which would require a minimum of two
parking spaces (14-5A-4 Table 5A-2: Minimum Parking Requirements). The applicant is
seeking a parking reduction from two spaces to one in order to convert the existing attached
single car garage into living space and first floor bathroom. The conversion will assist the
property owner’s ability to live in the home long term.
2. With the conversion of the single stall garage to habitable living space, the applicant also is
requesting a waiver from an additional single family parking standard to allow one parking
space to remain on-site in the existing driveway. This waiver is needed due to the removal
of the garage, which leaves the existing surface parking space in the front setback no longer
leading directly to another parking space (14-2A-6C-3).
The applicant submitted a Historic Review application for the garage alteration and a rear addition.
The purpose of Historic Review is to ensure that the modifications proposed to the exterior of
buildings meet the Historic Preservation guidelines and do not compromise the historic character of
the building. Staff recommended approval and the application went to the Historic Preservation
Commission on March 21, 2024. The Commission approved a Certificate of Appropriateness by a
vote of 9-0 subject to the following condition:
1. Window and Door product is approved by staff.
The City Historic Preservation Planner will review and approve the products used as part of the
building permit. The Certificate of Appropriateness also acknowledges that the project will need a
Historic Preservation Exception from the Board of Adjustment to reduce or waive the parking
requirements.
ANALYSIS:
The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare;
to conserve and protect the value of property throughout the city; and to encourage the most
appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of
property in a manner that does not intrude upon adjacent property. The Board may grant the
requested historic preservation exception if the requested action is found to be in accordance with
the specific criteria included in Section 14-2A-7B, pertaining to Historic Preservation Exceptions,
which allows the waiver or modification from any dimensional or site development standards listed
in 14-2A or in chapter 5 of this title or any approval criteria listed in chapter 4, article B of this title
3
that would prevent use or occupancy of a property located in a Historic District Overlay (OHD) or
registered on the national register of historic places.
The general approval criteria in Section 14-4B-3A must also be met.
For the Board of Adjustment to grant this historic preservation exception request, each of the
following criterion below must be met. The burden of proof is on the applicant, and their comments
regarding each criterion may be found on the attached application. Staff comments regarding
each criterion are set below.
Specific Standards: 14-2A-7B: Historic Preservation Exception:
1. The modification or waiver will help preserve the historic, aesthetic, or cultural
attributes of the property.
FINDINGS:
• The existing historic character will be preserved as the remodel will maintain the
appearance of a permanent single car garage with a garage door, which is original to
the house. Attachment 3.
• The historic façade will not be altered.
2. The applicant must obtain a certificate of appropriateness from the Historic
Preservation Commission.
FINDINGS:
• The Historic Preservation Commission approved a certificate of appropriateness on
March 21, 2024.
General Standards: 14-4B-3: Special Exception Review Requirements:
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
• The use and intensity of the property will not change due to the garage converting to
living space, nor will access to the property and surrounding properties be affected.
• Access to surrounding properties will not be affected.
2. The specific proposed exception will not be injurious to the use and enjoyment of
other property in the immediate vicinity and will not substantially diminish or impair
property values in the neighborhood.
FINDINGS:
• The proposed alteration will not impact the ability of neighbors to utilize and enjoy their
properties, nor will it negatively impact property values in the neighborhood.
3. Establishment of the specific proposed exception will not impede the normal and
orderly development and improvement of the surrounding property for uses
permitted in the district in which such property is located.
4
FINDINGS:
• The surrounding neighborhood is already fully developed with residential uses.
• The proposed garage alteration will not enlarge the building footprint and will not
substantially impact the development or improvement of surrounding property.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
• The subject property is already developed, and all utilities access roads, drainage and
necessary facilities are established for this neighborhood.
• Pedestrian access is provided by a sidewalk along both sides of Rundell Street.
• Green space will continue to surround the property addition which allows the
absorption of any stormwater runoff.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• No changes are being proposed to the existing driveway, sidewalk, or street.
• One parking space will continue to be provided onsite with the existing driveway being
unaltered.
• Traffic is mostly limited to residents, and street parking will continue to be available
along both sides of Rundell Street.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
FINDINGS:
• Outside of the specific waivers being requested, the property meets all applicable code
standards.
7. The proposed exception will be consistent with the Comprehensive Plan of the
City, as amended.
FINDINGS:
• The Future Land Use Map of the Comprehensive Plan designated this area for
Residential (2-8 Dwelling Units Per Acre). The Future Land Use Map of the Central
District Plan designated this area for Single Family/Duplex Residential. The current
land use of this property is consistent with the Comprehensive and District Plans and
will not change because of the proposed historic preservation exception.
• The Comprehensive Plan’s vision includes to “Preserve Historic Resources…in
Established Neighborhoods” (p.21) which is carried out through the strategy of
supporting the goals of the Historic Preservation Commission and supporting
reinvestment in housing in existing neighborhoods” (p.29). The Plan also notes that in
order to “protect our community’s historical…assets” the City should “Continue support
for the Iowa City Historic Preservation Plan” (p. 26)
5
• The Central District Plan includes the goal to “Work to achieve a healthy balance of
rental and owner occupied housing in the district’s older neighborhoods to promote
long-term investment, affordable housing opportunities, and preservation of historic
homes and neighborhood” (p.20). The goal goes on to list strategies such as “examine
existing zoning rules to ensure that they support housing goals and neighborhood
stabilization efforts” (p. 21).
• The single family property is located within a historic district. Although the Board is not
revising the Zoning Code, the Board has the opportunity to examine and modify the
standards related to the garage conversion in order to support long-term investment
in the home and the neighborhood.
• The Historic Preservation Commission has reviewed the project and approved it due
to the property owner’s ability to maintain the existing historic character.
CORRESPONDENCE:
Staff has received one piece of correspondence in support of this application.
STAFF RECOMMENDATION:
Staff recommends approval of EXC24-0002, to 1) reduce the minimum onsite parking required
for a three bedroom single family home from two to one space and 2) waive the standard that
parking spaces within the front setback must be located behind another parking space.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Application Materials
4. Correspondence
Approved by: _________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
April 10, 2024
Board of Adjustment Meeting
EXC24-0002
ATTACHMENT 1
Location Map
Prepared by Staff
April 10, 2024
Board of Adjustment Meeting
EXC24-0002
ATTACHMENT 2
Zoning Map
Prepared by Staff
April 10, 2024
Board of Adjustment Meeting
EXC24-0002
ATTACHMENT 3
Special Exception Application
Submitted by the Applicant
covered porch
garage
garage door
DH window
Existing Plan
435 Rundell St, Iowa City
Scale: 1/4" = 1'-0"
DW
living room
kitchen
N
front entry
DH windows
wood porch, stairs &
structure to be removed
Proposed Plan
435 Rundell St, Iowa City
Scale: 1/4" = 1'-0"
living room
kitchen
Replace garage door with exterior
panel assembly to match
appearance of garage door
DW
N
front entry
addition
New double-hung
window
Replace 2 DH
New stairs
0'-6"
DH window
New landing
and stairs
to match existing
windows Down
Specific Approval Criteria14-2A-7B-1
1.The modification or waiver will help preserve the historic, aesthetic, or cultural attributes of the
property
This remodel of the garage into living space will help preserve the historic attributes of this
house by stabilizing the outer garage wall, which has sunk a bit on one side due to inadequate
original garage floor foundation depth. It will also preserve the historic and aesthetic look by
creating a permanent “garage door” historic look built into the existing opening with
improved concrete base, and repaired masonry to avoid moisture from rotting the “door”.
This exception will preserve the cultural attributes of the property by allowing us to age in the
house longer and maintain an owner-occupied, single-family home in an affordable
neighborhood, as was the intent of Howard Moffit when building these houses.
2.The applicant must obtain a certificate of appropriateness from the historic preservation
commission.
A certificate has been applied for.
1.The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort, or general welfare.
The exception will not be detrimental or endanger the public health, safety, comfort, or
general welfare.
2.The specific proposed exception will not be injurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish and impair property values
in the neighborhood.
This exception will not be injurious, nor will it impair property values.
3.Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the district in
which such property is located. City of Iowa City Special Exception Application Guide 4 Updated
02.01.2022
This exception will not impede development and improvement of surrounding property.
4.Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided.
This exception will not affect utilities, roads or drainage.
5.Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets.
This exception will not affect traffic on public streets.
6.Except for the specific regulations and standards applicable to the special exception being
considered, the specific proposed exception in all other respects conforms to the applicable
regulations or standards of the zone in which it is to be located. Depending on the type of
special exception requested, certain specific conditions may need to be met. The applicant will
demonstrate compliance with the specific conditions required for a particular use as provided in
the City Code section 14-4B as well as requirements listed in the base zone or applicable
overlay zone and applicable site development standards (14-5A through K).]
This exception complies with city code
7.The proposed use will be consistent with the Comprehensive Plan of the City
This exception is consistent with the Comprehensive Plan.
Mailing Name1 Mailing AddressMailing AddressMailing Zip Code
RESIDENT OF 1210 GRANT CIOWA CITY, IA 52240
RORY J LOVE 1211 E COURT IOWA CITY, IA 52240
RESIDENT OF 1212 E COURT IOWA CITY, IA 52240
ZACHARY HOULAHAN & HANNAH WILS 1220 E COURT IOWA CITY, IA 52240
PEEYUSH JAIN & ANN SMITH 12658 ARROYO SARATOGA, C 95070
COMMONWEALTH HOLDINGS LLC 1275 DEERFIE IOWA CITY, IA 52246
JEFF HOGAN 1302 COURT SIOWA CITY, IA 52245
RESIDENT OF 1302 E COURT IOWA CITY, IA 52240
TYLER J FYOTEK 1330 MUSCAT IOWA CITY, IA 52240
RESIDENT OF 1331 MUSCAT IOWA CITY, IA 52240
LISABETH L KESTEL 1402 COURT SIOWA CITY, IA 52245
RESIDENT OF 1402 E COURT IOWA CITY, IA 52245
HOMEOWNERS OF RIDGEWOOD ADDITI 1409 E COURT IOWA CITY, IA 52240
AARON FRANK GREENWALD 1412 E COURT IOWA CITY, IA 52245
SATHIVEL CHINNATHAMBI 1427 MUSCAT IOWA CITY, IA 52240
LINDA A HARTFORD & MARGARET A 1502 MUSCAT IOWA CITY, IA 52240
RESIDENT OF 1506 MUSCAT IOWA CITY, IA 52240
VALERIE C MARTIN 1509 MUSCAT IOWA CITY, IA 52240
DOUGLAS C BAYNTON 1510 MUSCAT IOWA CITY, IA 52240
SETH N MICHEL & RACHEL J YODER 1514 MUSCAT IOWA CITY, IA 52240
TIMOTHY A & KAREN E WHITAKER 1515 COURT SIOWA CITY, IA 52245
RESIDENT OF 1515 E COURT IOWA CITY, IA 52245
SONYA BLOSSER 1519 E COURT IOWA CITY, IA 52245
JACQUELINE HOWARD 1519 MUSCAT IOWA CITY, IA 52240
MADELINE J HUNSICKER 1521 E COURT IOWA CITY, IA 52245
ADAM S & SERENA TARR 1522 MUSCAT IOWA CITY, IA 52240
BRIAN R HARTLEY 1524 MUSCAT IOWA CITY, IA 52240
GLENN JOSEPH MORSE 1525 E COURT IOWA CITY, IA 52245
LUCAS D KUHLMANN 1526 MUSCAT IOWA CITY, IA 52240
MINNETTA V GARDINIER 1527 MUSCAT IOWA CITY, IA 52240
BENJAMIN E & NICOLE N UPCHURCH 1530 MUSCAT IOWA CITY, IA 52240
RESIDENT OF 1601 E COURT IOWA CITY, IA 52245
RESIDENT OF 1602 MUSCAT IOWA CITY, IA 52240
RESIDENT OF 1603 MUSCAT IOWA CITY, IA 52240
ROBERT O GLASGOW 1606 MORNING IOWA CITY, IA 52245
RESIDENT OF 1606 MUSCAT IOWA CITY, IA 52240
DAWN M BOWLUS & JAMES P EDELEN 1609 E COURT IOWA CITY, IA 52245
JERRY LEE SIEGEL 21152 467TH ABROOKINGS, S 57007
G & L RENTALS LLC 2520 ROCHES IOWA CITY, IA 52240
MICHAEL P & GAIL L MAHER 2608 BLUFFWO IOWA CITY, IA 52245
TIGERHAWK PROPERTIES LLC 3 LINDER LN NIOWA CITY, IA 52240
GINGER M WALSH 323 FAIRVIEW IOWA CITY, IA 52240
RESIDENT OF 325 COLLEGE IOWA CITY, IA 52245
STEVEN L & DEBRA J DROLL 3312 ARBOR DIOWA CITY, IA 52245
RACHEL VANDERWERFF 334 NEWTON OAKLAND, CA 94606
DEAN H EBERLY 404 OAKLAND IOWA CITY, IA 52240
JASON T & NATALIE A TAYLOR 406 GRANT STIOWA CITY, IA 52240
LEONARD A SANDLER 409 GRANT STIOWA CITY, IA 52240
CITY OF IOWA CITY 410 E WASHIH IOWA CITY, IA 52240
KATIE GOERING 410 GRANT STIOWA CITY, IA 52240
RESIDENT OF 416 GRANT STIOWA CITY, IA 52240
JOSEPH P SEXTON 416 OAKLAND IOWA CITY, IA 52240
RESIDENT OF 417 GRANT STIOWA CITY, IA 52240
RESIDENT OF 419 GRANT STIOWA CITY, IA 52240
FRED E CLARK 420 OAKLAND IOWA CITY, IA 52240
ELIZABETH CONLEY 421 RUNDELL IOWA CITY, IA 52240
CELSIANA WARWICK & JUSTIN VORH 422 GRANT STIOWA CITY, IA 52240
THOMAS L & KAREN L CASAVANT 423 GRANT STIOWA CITY, IA 52240
HARVEY P & KATHLEEN M RUNDELL 423 HIGHLANDIOWA CITY, IA 52240
MAUREEN A RICH 424 OAKLAND IOWA CITY, IA 52240
DAVID MCMAHON 425 RUNDELL IOWA CITY, IA 52240
MARCUS E ECKHARDT 426 GRANT STIOWA CITY, IA 52240
CLARISSA T WATT 429 S 7TH AVEIOWA CITY, IA 52245
JOSEPH B LANG & KAREN V HEIMER 430 OAKLAND IOWA CITY, IA 52240
JEFFRY SCHABILION 431 RUNDELL IOWA CITY, IA 52240
KIMBERLY ANN HANRAHAN 435 GRANT STIOWA CITY, IA 52240
CASEY KOHRT 435 RUNDELL IOWA CITY, IA 52240
GERALD L & SHERRY L FLANAGAN R 436 GRANT STIOWA CITY, IA 52240
DUSTIN V GWEE & RILEY O CLARK 451 RUNDELL IOWA CITY, IA 52240
RANDY L & LUANNE G FERDIG 461 E GOLDFINTIFFIN, IA 52340
GARY J & AMY R SCHMIT 4766 INVERNEIOWA CITY, IA 52245
RESIDENT OF 501 RUNDELL IOWA CITY, IA 52240
NATALIE & STEPHEN MATICS 502 GRANT STIOWA CITY, IA 52240
ZACHARY T & KRISTEN J EASTLUND 503 GRANT STIOWA CITY, IA 52240
JULIAN M TRACHSEL & HALEY M JE 504 OAKLAND IOWA CITY, IA 52240
LINDA J BAYLISS 505 RUNDELL IOWA CITY, IA 52240
MARK A STECKEL 507 GRANT STIOWA CITY, IA 52240
JENNIFER A COOK 508 RUNDELL IOWA CITY, IA 52240
SARA JENNINE TAYLOR 509 RUNDELL IOWA CITY, IA 52240
JANN REAM & RONALD HERMAN 510 GRANT STIOWA CITY, IA 52240
PATRICIA SCHRODER 510 OAKLAND IOWA CITY, IA 52240
CHARITY K POOLE & DANIEL J POO 512 RUNDELL IOWA CITY, IA 52240
RESIDENT OF 513 DEARBOR IOWA CITY, IA 52240
BRIAN R EKDALE & MELISSA A TUL 513 GRANT STIOWA CITY, IA 52240
PATRICK K & KAYLENE F CARNEY 514 OAKLAND IOWA CITY, IA 52240
LEA J BOLDT 515 RUNDELL IOWA CITY, IA 52240
WILLIAM W THOMSON 516 GRANT STIOWA CITY, IA 52240
KELLY M KADERA 517 DEARBOR IOWA CITY, IA 52240
MARIA A DUARTE 517 GRANT STIOWA CITY, IA 52240
AMY E PARKER 518 OAKLAND IOWA CITY, IA 52240
STAFANI V KARAKAS 519 RUNDELL IOWA CITY, IA 52240
BUFFY QUINTERO 520 GRANT STIOWA CITY, IA 52240
RESIDENT OF 520 RUNDELL IOWA CITY, IA 52240
PETER KRISHEN PERSAUD 522 RUNDELL IOWA CITY, IA 52240
RESIDENT OF 523 DEARBOR IOWA CITY, IA 52240
TIMOTHY S WEITZEL 523 GRANT STIOWA CITY, IA 52240
LAUREN ROSCIZEWSKI 523 RUNDELL IOWA CITY, IA 52240
JAMES C & SHIRLEY A KNAPP 528 RUNDELL IOWA CITY, IA 52240
DONNA TOWERS BEHLKE 5544 280TH STIOWA CITY, IA 52240
CHIHAWK PROPERTIES LLC 558 FRANKLIN RIVER FORES 60305
EVAN & ERIN HARTLEY 602 OAKLAND IOWA CITY, IA 52240
LAURA J STULKEN 602 RUNDELL IOWA CITY, IA 52240
JOHN H FREEMAN 603 GRANT STIOWA CITY, IA 52240
RESIDENT OF 603 RUNDELL IOWA CITY, IA 52240
HEIDI L ANDERSON 604 GRANT STIOWA CITY, IA 52240
DANIEL J & JENNIFER J HENNAGER 606 OAKLAND IOWA CITY, IA 52240
BOBBY J & KAREN K ROREX 607 GRANT STIOWA CITY, IA 52240
RESIDENT OF 607 RUNDELL IOWA CITY, IA 52240
JAY GEISEN 608 GRANT STIOWA CITY, IA 52240
REBECCA B ENTEL 608 RUNDELL IOWA CITY, IA 52240
JULIE B WEEKS 613 GRANT STIOWA CITY, IA 52240
RESIDENT OF 613 RUNDELL IOWA CITY, IA 52240
JOYCE K ROSSIE 614 GRANT STIOWA CITY, IA 52240
BENJAMIN T SCHMIDT 614 RUNDELL IOWA CITY, IA 52240
LOIS A BAILEY 615 DEARBOR IOWA CITY, IA 52240
RESIDENT OF 616 RUNDELL IOWA CITY, IA 52240
DOUGLAS M WARD 617 DEARBOR IOWA CITY, IA 52240
BART D YATES 617 RUNDELL IOWA CITY, IA 52240
MARC A HINES 618 GRANT STIOWA CITY, IA 52240
CARLYN A HAAS 619 DEARBOR IOWA CITY, IA 52240
RHONDA SPENCER & MICHAEL SPENC 730 N SWALLOGILBERT, AZ 85234
AUDITOR'S OFFICE 913 S DUBUQUIOWA CITY, IA 52240
LINDA S LOVIK 928 WESTSIDE IOWA CITY, IA 52246
April 10, 2024
Board of Adjustment Meeting
EXC24-0002
ATTACHMENT 4
Correspondence
Submitted by the Identified Party
From:Tim Weitzel
To:Parker Walsh
Subject:Re: Historic Preservation Exception for 435 Rundell St
Date:Monday, April 1, 2024 12:13:41 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Yes, please file this comment:
I fully support increasing the livable space of the historic home at 435 Rundell Street,
including the reduction in required parking spaces to one.
Tim Weitzel
On Mon, Apr 1, 2024 at 11:44 AM Parker Walsh <PWalsh@iowa-city.org> wrote:
Tim,
As you mentioned, the exception is requested to reduce parking for the home at 435 Rundell
St from two spaces to one. By doing so, they would convert the garage into habitable space
to increase the long term livability of the home. The historic character of the home would
not be altered, as from the exterior, the appearance of the garage will remain. The property
would still have the one parking space within the existing driveway.
Please let me know if you have any more questions or any official comment you would like
shared with the Board at its April 10 meeting.
Thanks,
Parker
WWW.ICGOV.ORG
Parker Walsh
Associate Planner
April 10, 2024
Board of Adjustment Meeting
PRELIMINARY MEETING MINUTES
ITEM 4 ON THE AGENDA
March 13, 2024
Prepared by Staff
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
FORMAL MEETING
EMMA HARVAT HALL
MARCH 13, 2024 – 5:15 PM
MEMBERS PRESENT: Larry Baker, Nancy Carlson, Bryce Parker (via zoom), Mark Russo
MEMBERS ABSENT: Paula Swygard
STAFF PRESENT: Sue Dulek, Parker Walsh
OTHERS PRESENT: Thomas Heineman, Adelaide Subtil
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Baker outlining the role and purpose of the Board and
the procedures that would be followed in the meeting.
ELECTION OF OFFICERS:
Dulek noted first they would take nominations for chairperson. Russo nominated Baker. A vote
was taken for Baker to be chair and it passed 4-0.
Dulek next requested nomination for vice-chairperson. Baker nominated Swygard. A vote was
taken for Swygard to be vice-chair and it passed 4-0.
SPECIAL EXCEPTION ITEM EXC24-0001:
An application submitted by Adelaide Subtil and Thomas Heineman requesting a commercial
reuse exception to reduce the minimum on-site parking requirements in a Central Business
Service Zone (CB-2) to accommodate the reuse of the vacant building at 215 N Linn Street.
Baker opened the public hearing.
Walsh began the staff report showing an aerial map of the property, he stated the zoning along
most of N Linn Street is CB-2 with some bordering properties CB-5. Regarding background, the
property was built in 1880 and although not a locally or nationally recognized property it does
contribute to the historic character of the Northside Marketplace. The property was developed
prior to the current Zoning Code and its current zoning designation of Central Business Service
Zone (CB-2). The principal building was constructed to fit the entirety of the lot size, leaving no
room for additional development. The last known approved uses on the property were office on
the first floor and storage on the second floor. The office use would have required five parking
spaces, and the property can be given credit for these five spaces according to 14-4E-8 of the
Zoning Code which outlines nonconforming development situations. The reuse of the building
would require five spaces for retail, which would be on the first floor, and nine spaces for an
eating establishment to be located on the second story. The applicant is seeking to reuse the
vacant commercial building and reduce the minimum required on site parking spaces from 14 to
0, requiring a Commercial Reuse Exception. Walsh next showed a concept of the layout with
Board of Adjustment
March 13, 2024
Page 2 of 9
the retail on the first floor and the eating establishment on the second story. He stated the lot
size is about 21.5’ x 70’ and the building size is about 19.6’ x 70’ so it does take up the entirety
of the lot size, each floor is about 1,365 square feet for a total of 2,730 square feet. The parking
requirements would be one space for every 300 square feet of retail, which would be five
required parking spaces, for the eating establishment it is one space for every 150 square feet
of eating establishment floor area or 1/3 of the occupant load of the seating area, whichever is
less, and in this case that would be nine required parking spaces for the floor area.
The role of the Board of Adjustment is to approve, approve with conditions or deny the
application based on the facts presented. To approve the special exception the Board must find
that is meets all applicable approval criteria.
The specific criteria for this special exception can be found at 14-2C-11D-4: Commercial Reuse
Exception. Criteria one is that the exception is necessary due to existing building or site
constraints that make it difficult to meet that standard. Staff found that the subject property was
constructed in 1880 and established before current zoning standards. The retail use can meet
minimum parking requirements through the five credited spaces; however, the eating
establishment would not be able to meet the standard. The building was constructed to fit the
entirety of the lot size, leaving no remaining development area remaining and the renovation is
proposed to convert an existing vacant first floor into retail and the vcant second floor into an
eating establishment. If the vacant space is to be reutilized it will trigger current code
compliance, which the site was not constructed to meet in 1880.
Second, the exception will be compatible with and/or complementary to adjacent development
in terms of building mass and scale, relative amount of open space, traffic circulation, general
layout, and lighting. Staff found nine parking spaces would be required for the proposed eating
establishment. If the on site parking were to be reduced, the subject property and surrounding
neighborhood development would continue to be served by on street parking, public transit, and
several bike racks along N Linn St and E Market St. Additionally, nearby off-street public
parking and bus stops are also located along N Linn St., E. Market St., and N, Dubuque St.
Third is that the exception will not adversely affect views, noise, stormwater runoff, light and air,
and privacy of neighboring properties any more than would a development that satisfies the
applicable standard. Staff found the proposed project is primarily interior renovations, which will
not alter the building mass or scale and affect existing views, stormwater runoff, light and air, or
the privacy of neighboring properties. The site is currently fully built out and the reduction will
not impact stormwater runoff. The eating establishment will close by midnight as it is not
considered a drinking establishment, which can be open until 2am.
The fourth criteria is that the exception is not contrary to the intent of the standard. Staff found
the intent of the minimum parking requirements is to ensure that enough off-street parking is
provided to accommodate most of the demand for parking generated by the range of uses that
might locate at a site over time, particularly in areas where sufficient on street parking is not
available. Staff finds that sufficient on street parking, public transportation, off street public
parking, and bike parking is available.
Fifth is that the exception will be in the public interest. Staff found the exception would allow a
vacant space to be renovated into an eating establishment that can serve not only the
neighborhood, but the greater Iowa City area. Without a parking reduction the space would have
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March 13, 2024
Page 3 of 9
to remain vacant. The Comprehensive Plan neighborhood design principle, Neighborhood
Commercial Areas, also encourages off street parking and pedestrian oriented development
that promotes walkability and fosters active neighborhood focal points.
Walsh next reviewed the General Standards for all special exceptions found at 14-4B-3. First
that the specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort, or general welfare. Walsh stated the existing development will not be altered as
all work will be interior renovations. Without a parking reduction the building can only be used if
the proposed use does not exceed five required parking spaces that are already given to the
property. Without a parking reduction, redevelopment of the site will be required to
accommodate the required parking. The intent of this request and the purpose of the
Commercial Reuse Exception is to maintain and reuse existing commercial spaces. Walsh
noted that access to surrounding properties will not be affected.
The second general criteria is the specific proposed exception will not be injurious to the use
and enjoyment of other property in the immediate vicinity and will not substantially diminish or
impair property values in the neighborhood. Findings are the proposed renovations and parking
reduction will not impact the ability of neighbors to utilize and enjoy their properties, nor will it
negatively impact property values in the neighborhood. Additional traffic is likely to be generated
by the proposed uses as they will utilize a vacant commercial building. However, the existing on
street parking, bus routes, bike racks, and public parking lot in the area will help meet parking
demand and mitigate potential negative impacts. The proposed renovations would reinvest in an
underutilized and vacant commercial space to serve the community.
Third is that the establishment of the specific proposed exception will not impede the normal
and orderly development and improvement of the surrounding property for uses permitted in the
district in which such property is located. Walsh stated the surrounding neighborhood is already
fully developed with a mix of commercial and residential uses. The proposed uses will occupy
an existing structure that has been in the neighborhood since 1880 and will provide beneficial
services that will not substantially impact the development or improvement of surrounding
property.
Fourth is that adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided. Staff findings are the subject property is already developed, and all utilities
access roads, drainage and necessary facilities are established for this neighborhood.
Pedestrian access is provided by sidewalks along N Linn St.
Criteria five is adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets. Walsh stated the existing
development has been in place since 1880 and takes up the entirety of the lot. The property
does not have vehicular ingress or egress, nor is one being proposed. No impacts to vehicular
traffic congestion are proposed as part of this exception. No changes are being proposed to the
existing sidewalk or street and no additional parking is proposed that would impact traffic flow for
surrounding developments.
Sixth is that except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the applicable
regulations or standards of the zone in which it is to be located. Staff findings are the subject
property meets most standards of the CB-2 zone. Again, this property was developed in 1880
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March 13, 2024
Page 4 of 9
prior to current zoning regulations. Portions of the development that do not meet current code
would be considered legal nonconforming. No structural alterations are proposed, and all work
is interior renovations. Elements that do not meet current standards may continue as legal non-
conformities because a change of use is allowed by Article 14-4E 'Nonconforming Situations' of
the City Code where no structural alterations are being proposed. Existing legal nonconformities
on the site include:
• Doorways adjacent to a right of way must be set back so that doors do not swing into a
right of way. Similarly, stairways and ramps must not be located in a right of way.
• To encourage commercial activity at the street level, entrances to storefronts must be at
grade and the ground level floor height should be no more than one foot (1') above the
level of the abutting sidewalk or pedestrian plaza. (Entrance at 4')
Staff will ensure all new elements and any future changes comply with relevant standards
during building permit review.
Finally, the seventh criteria is the proposed exception will be consistent with the Comprehensive
Plan of the City, as amended. Walsh explained the Future Land Use Map of the
Comprehensive Plan designated this area for Mixed Use and the Central District Plan
designated this area for General Commercial; Office; Mixed Use. The property is currently
vacant however, the proposed land uses are consistent with the Comprehensive and District
Plans and will not change because of the proposed commercial reuse exception. The
Comprehensive Plan also has a vision that includes "Preserve Historic Resources...in
Established Neighborhoods" which is carried out through supporting reinvestment in existing
neighborhoods. Although the property is not a locally or nationally recognized historic property,
it was constructed in 1880 and contributes to the historic character of the Northside
Marketplace. The Central District Plan has goals to "Encourage development and
redevelopment that will maintain the character and economic vitality of the Northside
Marketplace". The Central District Plan includes a section on the Northside Marketplace, which
is defined as the historic commercial neighborhood bounded by Bloomington and Jefferson
Streets and North Gilbert and Dubuque Streets. The subject property is located in this area.
Although this area is close to downtown, the plan notes that it maintains a distinct identity and
scale. There is a strong desire to maintain the historic Mainstreet character. Many community
members also indicated that the historic character of the Northside Marketplace is one of its
greatest assets and a parking reduction will allow the reuse of this building and help to achieve
the vision outlined in the plan to maintain the historic character of this commercial area. The
Central District Plan also emphasizes the goal to "Support the use of alternative modes of
transportation" and the neighborhood is currently served by on street parking, public
transportation, a public parking lot, and bike friendly transportation.
Staff has received one piece of correspondence in support of this application which was included
in the agenda packet.
Staff recommends approval of EXC24-0001, to reduce the required minimum on-site parking
requirements from 14 to 0 for the existing building located at 215 N Linn St, Iowa City, Iowa.
Carlson asked if it is under the Board’s purview to worry about what goes into the right-of-way.
Walsh confirmed that is not part of this review and stated Public Works has acknowledged it and
is okay with it as well.
Carlson asked where the five current parking spaces are located. Walsh stated when this
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March 13, 2024
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building was built, the Code then stated if they had an approved use, which the last known use
for this building was office, but no parking spaces were ever physically located onsite, the site is
still given credit for what would have been required for that use. Additionally, the office use has
the same parking requirements as the proposed retail use, five spaces, however those five
spaces are not physical they are considered “ghost” parking spaces, but the site can be given
credit for them.
Carlson noted concern that there are no parking spaces for any employee that would work in
that building, she stated there are plenty of parking options or other transportation options for
people who would be visiting the building but is concerned for workers. Walsh confirmed that
was correct, anyone that worked in the building prior to it being vacant did not have any
dedicated parking spaces.
Russo asked what adjacent businesses do for parking. Walsh stated there is a newer building
to the north that was built in recent years and they have parking underneath their building, the
buildings to the south and east have likely been in existence long enough that they are given
credit for parking or have been granted reductions or other modes to reduce their parking
requirements. Russo noted his concern is for everyone to be treated equal for the businesses
to the south (Brix, Goosetown, etc.). Walsh stated if any of those came forward with new
developments similar to this situation at that time staff would look into their parking and see if
they have been credited or provided in some way. Walsh is not sure what their current parking
situations are. Russo noted that seems like information they should take into consideration for
all the businesses on that street to be treated equally. Walsh assumes since these businesses
along Linn Street have been there for so long they are likely grandfathered in as well and can
operate as is without required parking unless they wanted to make changes to their building.
This particular situation was only triggered because this building is currently vacant. If one of
the current restaurants along Linn Street wanted to make some minor renovations and a
building permit came in they do not look at parking, only if a total reconstruction, demolition, or
change in use is when parking is looked at.
Russo asked about the parking lot to the west of the subject building. Walsh explained that
parking lot was for the residential buildings to the west and south.
Baker asked also about the parking on the west noting concern that if this new building opens a
restaurant who monitors that parking. Walsh stated that would be the responsibility of that
property owner or the residents notifying that their spaces have been taken, the City does not
have any enforcement that would ensure those spaces aren’t being used by people that they
should not be. Baker asked if they are marked private parking in any way. Walsh is not sure.
Thomas Heineman (611 River St) stated he and his wife Adelaide have been thinking about this
project for some time and waiting for the right property to come up, they bought this property from
Jesse Allen but have always been in love with North Linn Street, it is their favorite part of the City
and they spend a lot of time there so to have one of these building become available and for them to
have the opportunity to turn it into something they’ve always wanted to do is very exciting.
Heineman noted his wife is from France and they are trying to bring a little bit of French culture so
the retail store will focus on French home goods and the upstairs will be a 1920’s style French café.
He noted they are focusing on the parking so he wanted to note that behind the building there is
signage that states it is private parking so if they had customers that chose to try to park there, they
would be at risk of tow and that’s their prerogative and not something he can control. In terms of the
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March 13, 2024
Page 6 of 9
parking situation for Goosetown, it is actually CB-5 with a historic overlay and does not have a
minimum parking requirement, so the former Goosetown building is exempt from minimum parking
requirements. Heineman stated the building next to theirs was a retail space but is becoming
vacant, but then there is Brix and the flower shop and neither of those have designated parking. He
also noted since their building is an older building they do have to invest significant resources into
rehabilitating the building on the interior and some exterior work, they do want to restore the building
to what it looked like in 1880, they are working with a historian to have the building restored by
adding back in the cornice to the top, adding a third window which it had at the top and just liven it
up at bit, they do feel this building adds unique character to the area and to Iowa City. Heineman
reiterated the parking question really comes down to cultural energy Iowa City has and this block is
closed during spring, summer and fall so that it can become a ped mall where families and people
come to enjoy the neighborhood. So if parking was really an issue, he doesn’t feel the City would
choose to close that street and theoretically lose 10 or so parking spaces but realize this
neighborhood is so much more than just parking spaces.
Russo asked on a busy night what do they anticipate the load to be. Heineman replied around 30
people.
Carlson noted her concern about parking is not the customers but rather the workers who need to be
there for eight hours. Heineman acknowledged that was a concern that they will work through to
help them identify solutions, they don’t anticipate having a huge staff, probably three to four
maximum, but their manager is already onboard and lives close so they do anticipate lots of biking
and walking to work as well.
Russo asked about parking in general on the Northside, on an average day is parking tight there.
Heineman acknowledged it can be tight, he noted the Pagliai’s lot is open for people to pay for spots
there during the day and then they use it as their restaurant parking at night because they do not use
it during the day. He also noted there is street parking available and with Mercy Hospital being close
by there are sometimes employees from there using the street parking, it is an active commercial
area but with their retail store they are imagining maybe one worker at a time and maybe up to five
customers at a time during the day, the upstairs restaurant would only be open in the evening and
then only need evening parking, he also acknowledged when he is in the area in the evenings going
to The Webster or Brix there is almost always parking on that block available.
Russo asked how they will handle the grade differential in the front of the building. Heineman stated
they are grandfathered in with the stairs that are there currently. He also noted that because the
previous owner owned both buildings the exit in the back opens into the adjacent property which
needs to be changed so they would like to change the stairs to having an opening onto the alley and
then having a ramp for folks to access on the back. He noted Goosetown had done something
similar at their property due to their grade differences.
Parker appreciated the concern about the ADA requirements and looking for solutions to that.
Baker noted Heineman raised the issue of the renovations they were going to do to the exterior and
he is surprised this building is not already on the National Historic Registry and are they planning on
doing that. Heineman stated he thought it was listed or a contributing building to a historic district
when they bought the building, not that it was a deciding factor, but the building has been inventoried
multiple times (in the 40’s, 60’s and 80’s) but the Northside Commercial District is not a historic
district, it’s been talked about for some time, but it has never actually finished. The Northside
residential areas are actually a historic district but not the commercial area. The building is
considered a historic building given its time and all the inventories state that if the Northside
Commercial District became a historic district, then this building would be one of the important
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March 13, 2024
Page 7 of 9
contributing buildings which would then allow them access to the State historical tax credits and
things like that. Heineman stated they debated on whether to list it or not and although they want to
restore it to look as it once did, they did not want to deal with the complexity of listing it at this time,
they may decide to do so later. Baker acknowledged if they did list it there are advantages to them
to have it registered. Heineman agreed there are some advantages and also some limitations in
terms of having to have everything approved by the historical Board, but he wanted to reiterate this
is a passion project for them and they do want to restore the building to the best they can by adding
the cornice back to the top and adding back in the third window on the front of the second floor.
They plan to keep the façade at the first level, from the historians they have talked with they feel this
is the only building that remains with the original first level façade, most of the time while the upper
levels may stay the same the street level changes many times over the years.
Carlson asked if they feel comfortable owning a building and running two businesses in it with
no parking for the employees. Heineman stated yes and knew going into the purchase that all
the businesses along this street do not have parking and are functioning well.
Baker closed the public hearing.
Russo moved to approve EXC24-0001, to reduce the required minimum on-site parking
requirements from 14 to 0 for the existing building located at 215 N Linn St, Iowa City,
Iowa.
Carlson seconded the motion.
Russo noted if they do the math, it would be difficult to get any business in there so it would be
a shame to stop a really inventive project like this due to parking, that should not be the chief
consideration.
Baker noted he is very excited about this project.
Carlson noted she has always loved this building and has lived in trepidation that something
would happen to it, so she is excited about this project, she is concerned about parking for
employees but acknowledged she grew up where everyone needed a car but realizes that is not
how things are now and there may be people who live in the area that will now have
employment where they once may not have. She also acknowledged there are a number of bus
stops nearby and currently the City has no-fee bus services.
Parker agreed this is a great project and parking should not be an issue.
Carlson stated regarding agenda item EXC24-0001 to reduce the required minimum on-site
parking requirements from 14 to 0 for the existing building located at 215 N Linn St, Iowa City,
Iowa, she does concur with the findings set forth in the staff report of meeting date, March 13,
2024 and concludes that the general and specific criteria are satisfied, so unless amended or
opposed by another Board member she recommends that the Board adopt the findings in the
staff report for the approval of this exception. Russo seconded the findings.
A vote was taken and the motion passed 4-0.
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March 13, 2024
Page 8 of 9
Baker stated the motion declared approved, any person who wishes to appeal this decision to a
court of record may do so within 30 days after this decision is filed with the City Clerk’s Office.
CONSIDER DECEMBER 13, 2023 MINUTES:
Russo moved to approve the minutes of December 13, 2023. Parker seconded. A vote was
taken and the motion carried 4-0.
BOARD OF ADJUSTMENT INFORMATION:
Walsh noted the next meeting is scheduled for April 10 and they have received an application
for that meeting.
ADJOURNMENT:
Baker moved to adjourn this meeting, Parker seconded, a vote was taken and all approved.
Board of Adjustment
March 13, 2024
Page 9 of 9
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2023-2024
NAME
TERM
EXP.
3/8 4/12 4/19 5/10 6/14 7/12 11/8 12/13 3/13
BAKER, LARRY 12/31/2027 X X O/E X X X X X X
PARKER, BRYCE 12/31/2024 X X O/E X X X X X X
SWYGARD, PAULA 12/31/2028 X X X X X X X X O/E
CARLSON, NANCY 12/31/2025 X X X X X X O/E X X
RUSSO, MARK 12/31/2026 X X X O/E O/E X O/E X X
Key: X = Present
O = Absent
O/E = Absent/Excused
-- -- = Not a Member