HomeMy WebLinkAbout09.10.25 BOA Agenda PacketIOWA CITY BOARD OF ADJUSTMENT
Wednesday, September 10, 2025 – 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
Agenda:
1. Call to Order
2. Roll Call
3. Special Exception Item
EXC25-0005: An application submitted by the Iowa City Bike Library requesting a special
exception to allow a parking reduction in an Intensive Commercial (CI -1) zone for the
property located at 1222 Gilbert Court.
4. Consideration of Meeting Minutes: July 9, 2025
5. Adjournment
If you need disability-related accommodations in order to participate in this meeting, please
contact Anne Russett, Urban Planning at 319-356-5251 or at arussett@iowa-city.org. Early
requests are strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Board of Adjustment Meetings
Formal: October 8 / November 12 / December 10
Informal: Scheduled as needed.
EXC25-0005
Item 3 on the Agenda
1
STAFF REPORT
To: Board of Adjustment
Item: EXC25-0005
1222 Gilbert Ct
Prepared by: Anne Russett, Senior Planner
Date: September 10, 2025
GENERAL INFORMATION:
Owner: Bike Library, Inc.
Applicant: Audrey Wiedemeier
Bike Library
audrey@bikelibrary.org
Contact Person: James Kincade
Axiom Consultants
jkincade@axiom-con.com
Requested Action: Special exception to allow a 50% reduction in
required parking
Purpose: To allow a 50% parking reduction
Location: 1222 Gilbert Court
Location Map:
Size: 0.52 acres
Existing Land Use and Zoning:
Warehouse: Intensive Commercial (CI-1)
Surrounding Land Use and Zoning North: Intensive Commercial (CI-1) zone
East: Intensive Commercial (CI-1) zone
South: Intensive Commercial (CI-1) zone
West: Intensive Commercial (CI-1) zone
Applicable Code Sections: 14-4B-3A: General Approval Criteria
14-5A-4F-7: Parking Reduction For Other Unique
Circumstances
2
File Date: August 6, 2025
BACKGROUND:
The applicant, Audrey Wiedemeier with the Bike Library, has requested a special exception to
reduce the onsite parking requirement by up to 50% for a warehouse use at 1222 Gilbert Ct, which
is zoned Intensive Commercial (CI-1). The Bike Library purchased this property in 2021 and has
been operating at this location since then. The mission of the Bike Library is to “get more people on
bicycles”. Their vision is to “empower people to make bicycling a primary form of transportation our
community”. They value equity, community, sustainability, and education.
The existing land use requires 5 parking spaces. The applicant requests a special exception for a
50% parking reduction in order to provide 2 parking spaces on site and utilize the remaining space
for green space and bike parking. To further explain this, a 50% reduction results in 2.5 parking
spaces, which is rounded down per the code to 2 spaces. Staff found a plan from a 1987 building
permit application showing 6 parking spaces in front of the building. All of these spaces are currently
nonconforming and would not allow the Bike Library to remove paving for green space and bicycle
amenities. With the proposed request, green space and amenities would be added and the
requested two parking spaces would meet current standards.
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 special exception if the requested action is found to be in accordance with the specific
criteria included in Section 14-5A-4F-7 pertaining to parking reductions for unique
circumstances, as well as the general approval criteria in Section 14-4B-3A.
For the Board of Adjustment to grant this special 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.
Alternative to Minimum Parking Requirements 14-5A-4F-7:
Parking Reduction For Other Unique Circumstances: Where it can be demonstrated that
a specific use has unique characteristics such that the number of parking or stacking
spaces required is excessive or will reduce the ability to use or occupy a historic
property in a manner that will preserve or protect its historic, aesthetic, or cultural
attributes, the Board of Adjustment may grant a special exception to reduce the number
of required parking or stacking spaces by up to fifty percent (50%) (up to 100 percent for
properties designated as a local historic landmark, listed on the National Register of
Historic Places, or listed as key or contributing structures in a Historic District or
Conservation District Overlay Zone).
FINDINGS:
• The property is currently owned and operated by the Bike Library, whose vision is to
“empower people to make bicycling a primary form of transportation in our community”.
Due to the work that they do the use has unique characteristics that require fewer
vehicular parking spaces because many people travel to the Bike Library on bike. Per
3
the application, the primary patrons of the Bike Library travel to the site on bicycle to
service, trade-in, or participate in bicycling related activities.
• The plans from 1987 show the site having six parking spaces; however, those spaces
are nonconforming and are not striped. As approved in 1987, these spaces require
backing out onto Gilbert Ct, which is no longer allowed by the existing code.
• The Bike Library also needs space on their site for bicycle parking and an outdoor bike
service area.
• The current site is paved from property line to property line. The Bike Library would
like to improve their site by removing some of the paved area and replacing it with
green space.
• The reduction in parking will allow the Bike Library to provide some on-site parking
while also incorporating more green space and amenity space.
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 proposed project will improve the site by incorporating additional green space and
bike amenities.
• Without a parking reduction the property would not be able to incorporate the amount
of proposed green space. Finding space for the bike amenities would also be a
challenge.
• Access to surrounding properties will not be affected.
• Access to the subject property will remain the same, but improved with new pavement.
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 site improvements will not impact the ability of neighbors to utilize and
enjoy their properties, nor will it negatively impact property values in the neighborhood.
• The only changes to the property are changes to the site not the operations of Bike
Library; therefore, no increase in traffic to the site is anticipated.
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.
FINDINGS:
• The surrounding neighborhood is already fully developed with a variety of commercial
and semi-industrial uses.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
4
• 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 Gilbert Ct.
• The closest Iowa City Transit stop to the site is located at the intersection of Gilbert St
& Kirkwood Ave.
• Additionally, many visitors of the Bike Library utilize the City’s bicycle infrastructure.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• The project includes improvements within the public right-of-way including repaving of
the public sidewalk and adding new pavement for the access drives.
• No changes are proposed to the existing street. On-street parking is allowed on the
western side of Gilbert Ct.
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:
• The subject property meets the requirements of the base zone.
• In the 1980s, using the applicable codes at the time regarding number of spaces, size,
and location, the subject property was approved for six parking spaces. Those spaces
are now non-conforming because they do not meet current standards. With the
approval of the proposed parking reduction all parking on the site would comply with
current regulations.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
• The Comprehensive Plan Future Land Use Map shows this area as appropriate for
General Industrial land uses.
• The Comprehensive Plan has goals to “Accommodate all modes of transportation on
the street system” and “Encourage walking and bicycling.”
• A parking reduction would align with the Plan’s vision to promote bicycling.
STAFF RECOMMENDATION:
Staff recommends approval of EXC25-0005, to reduce the onsite parking requirement by 50%
(from 5 to 2 parking spaces) for the Bike Library located at 1222 Gilbert Court.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Application Materials
5
Approved by: _________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
ATTACHMENT 1
Location Map
Bo
y
r
u
m
S
t
Gi
l
b
e
r
t
C
t
Diana C
t
Highland Ave
E 3rd St
E 2nd St
Highland Ct
µ1222 Gilbert Court
EXC25-0005 Prepared By: Olivia Ziegler
Date Prepared: August 2025
0 0.02 0.040.01 Miles
An application requesting a special exception to allow
up to a 50% reduction in the required parking in an
Intensive Commercial (CI-1) zone.
ATTACHMENT 2
Zoning Map
Bo
y
r
u
m
S
t
Gi
l
b
e
r
t
C
t
Diana C
t
Highland Ave
E 3rd St
E 2nd St
Highland Ct
RS5CI1CI1
CI1
CI1
CI1
CI1
RS5CI1
CI1
CI1
CI1
CC2
CI1
CI1
CI1
CI1
CI1
CI1
CI1
CI1
RS5
RS5
RS5
CI1
CI1
RS5
RS5
CI1
CI1CI1
RS5
CI1
CI1
µ1222 Gilbert Court
EXC25-0005 Prepared By: Olivia Ziegler
Date Prepared: August 2025
0 0.02 0.040.01 Miles
An application requesting a special exception to allow
up to a 50% reduction in the required parking in an
Intensive Commercial (CI-1) zone.
ATTACHMENT 3
Application Materials
0 5 10
Aug 06, 2025 - 2:53pm C:\Users\jkincade\DC\ACCDocs\Ruekert & Mielke, Inc-\8980-10000 ICBL\Project Files\07 Design\Civil-Survey\Sheets\8980-10000 C2.00.dwg
DESCRIPTION DATE
SHEET NAME
ISSUED FOR
DETAILED BY
CHECKED BY
PROJECT NO.
DATE
DESIGNED BY
IC
B
L
IO
W
A
C
I
T
Y
B
I
K
E
L
I
B
R
A
R
Y
12
2
2
G
I
L
B
E
R
T
C
O
U
R
T
IO
W
A
C
I
T
Y
,
I
A
NO
T
F
O
R
C
O
N
S
T
R
U
C
T
I
O
N
C2.00
CITY REVIEW
08-06-2025
JDK
JDK
JDK
8980-10000
SITE PLAN EXHIBIT
EXISTING CONDITIONS AND REMOVAL PLAN PROPOSED IMPROVEMENTS PLAN
GENERAL NOTES:
1.JOINTING PLAN TO BE SUBMITTED BY PAVING CONTRACTOR
FOR ENGINEER REVIEW PRIOR TO PLACEMENT.
2.SEE SUDAS SECTION 7010 FOR ADDITIONAL CONCRETE PAVING
REQUIREMENTS
3.ASSUME STANDARD 6" PCC CURB UNLESS NOTED OTHERWISE.
TS =TOP OF SLAB
GT =GUTTER
EX =EXISTING GRADE
FG =FINISHED GRADE
TC =TOP OF CURB
LEGEND
SIDEWALK PCC PAVEMENT
PROPOSED PCC PAVEMENT
PROPOSED OPEN AREA
S
G
I
L
B
E
R
T
C
T
S
G
I
L
B
E
R
T
C
T
PURPOSE OF DEVELOPMENT
PROPOSED ROW PAVEMENT IMPROVEMENTS
AND PARKING PAVEMENT REMOVAL AND REPLACEMENT
CITY, COUNTY, STATE:IOWA CITY, JOHNSON, IOWA
ADDRESS:1222 GILBERT COURT
PARCEL ID:0624134001
CURRENT ZONING:CI1 - INTENSIVE COMMERCIAL ZONE
PROPOSED ZONING:CI1 - INTENSIVE COMMERCIAL ZONE
LOT SIZE:.52 ACRES - 22,650 SF
LEGAL DESCRIPTION:HIGHLAND PARK ADDITIONS 70' LOT 12
PROPOSED USE:IOWA CITY BIKE LIBRARY
EXISTING BUILDING: 7,850 SF
TOTAL DISTURBED AREA: 0.06 AC
ZONING INFORMATION
CI1 - INTENSIVE COMMERCIAL ZONE
BUILDING SETBACK INFORMATION
FRONT SETBACK 10'
SIDE SETBACK 0'
REAR SETBACK 0'
PARKING
GENERAL COMMUNITY SERVICE
1 STALL / 300 SQUARE FEET OF FLOOR AREA
10% BICYCLE PARKING REQUIRED
TOTAL REQUIRED PARKING 5 STALLS
TOTAL PROVIDED PARKING 2 STALLS
SPECIAL EXCEPTION FOR PARKING REDUCTION TO 2 PARKING STALLS.
10'
FRONT
SETBACK
2
5'
22'
15'
REMOVE ±521 SF
OF EXISTING ASPHALT
PAVEMENT
REMOVE ±470 SF
OF EXISTING ASPHALT
PAVEMENT
REMOVE ±500 SF
OF EXISTING
PCC SIDEWALK AND
DRIVEWAY.±71' OF
SAWCUT
EXISTING
CURB AND
GUTTER 9'
18'
18'
8'
OPEN AREA ADJACENT TO PARKING STALL
TO BE PLANTED TO CITY OF IOWA CITY S2
SCREENING REQUIREMENTS.
CONTRACTOR TO REMOVE EXISTING
SIDEWALK TO NEAREST JOINT.
TRANSITION WIDTH FROM PROPOSED 5'
TO EXISTING PANEL WIDTH AT JOINT.
CONNECT TO EXISTING PANEL VIA IOWA CITY
SUPPLEMENTAL FIGURE 7030.301.
CONTRACTOR TO REMOVE EXISTING
SIDEWALK TO NEAREST JOINT.
TRANSITION WIDTH FROM PROPOSED 5'
TO EXISTING PANEL WIDTH AT JOINT.
CONNECT TO EXISTING PANEL VIA IOWA CITY
SUPPLEMENTAL FIGURE 7030.301.
PROPOSED STANDARD
6" CURB AND PCC RIBBON.
DROP CURB AT DRIVEWAY
LOCATIONS (TYP.).
PROPOSED IMPERVIOUS PAD
FOR COVERED BICYCLE PARKING
AND OUTDOOR BICYCLE
SERVICE AREA.
A DIVISION OF RUEKERT-MIELKE, INC.
CIVIL STRUCTURAL MECHANICAL ELECTRICAL SURVEY SPECIALTY
300 South Clinton Street #200, Iowa City, IA 52240 | 319.519.6220 www.axiom-con.com
2330 12th Street SW, Cedar Rapids, IA 52404 | 319.519.6220 Page | 1
August 06, 2025
City of Iowa City
410 E Washington Street
Iowa City, IA 52240
Re: Special Exception Application – 1222 S Gilbert Ct
Ms. Cynthia Marx,
14-5A-4
7. Parking Reduction For Other Unique Circumstances: Where it can be demonstrated that a specific use has
unique characteristics such that the number of parking or stacking spaces required is excessive or will reduce the ability to
use or occupy a historic property in a manner that will preserve or protect its historic, aesthetic, or cultural attributes, the
Board of Adjustment may grant a special exception to reduce the number of required parking or stacking spaces by up to
fifty percent (50%) (up to 100 percent for properties designated as a local historic landmark, listed on the National
Register of Historic Places, or listed as key or contributing structures in a Historic District or Conservation District Overlay
Zone).
Due to existing site conditions, and historical use case of the Iowa City Bike Library we are seeking approval for the
reduction of required parking stalls from 5 to a proposed 2 stalls. The Iowa City Bike Library focuses on being a
community hub for bicyclists, their primary patrons travel to this location via bicycle to come service, trade-in, or
participate in bicycle related activities. Current conditions of the site plan are delinquent from original development plans
and cannot support nor has the current use case necessitated the required 5 parking stalls. Iowa City Bike Library
ownership has expressed interest in rehabilitating the frontage along S Gilbert Court with updated site improvements
including delineation of the 2 parking stalls, additional greenspace, and a covered bicycle parking/service area. Site
constraints prohibit site layouts that would safely include 5 parking stalls. This is primarily due to existing access location
to the structure, as well as not including parking stalls that would require reverse movements onto S Gilbert to exit the
parking stalls. The pavement area located in the interior and south of the building will be used for community events and
will be painted with a bike loop for learning courses.
Sincerely,
James Kincade, PE
A DIVISION OF RUEKERT-MIELKE, INC.
CIVIL STRUCTURAL MECHANICAL ELECTRICAL SURVEY SPECIALTY
300 South Clinton Street #200, Iowa City, IA 52240 | 319.519.6220 www.axiom-con.com
2330 12th Street SW, Cedar Rapids, IA 52404 | 319.519.6220 Page | 1
August 06, 2025
City of Iowa City
410 E Washington Street
Iowa City, IA 52240
Re: Special Exception Application – 1222 S Gilbert Ct
Ms. Cynthia Marx,
General Approval Criteria
1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general
welfare.
The special exception for reduction in parking stalls will not lead to conditions that will endanger public health.
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.
The special exception for reduction in parking stalls will not diminish the community access to the existing
business. The proposed site plan establishes safer parking stall movements as well as provides additional
bicycle parking and accessibility immediately adjacent to public sidewalk access.
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.
The special exception for reduction in parking stalls will not alter the current use of the Iowa City Bike Library.
Surrounding properties and their business operation will remain unaltered by this special exception and
associated site improvements.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
Existing utility and building access will be unchanged due to the proposed site improvements associated with
this special exception. Overall drainage scheme will be unchanged, the proposed site improvements, including
removal and replacement of South Gilbert Court curb and gutter, will revitalize drainage pathways that have
deteriorated over time (i.e., damaged pavement, settled concrete panels).
5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic
congestion on public streets.
Existing traffic patterns will not be altered due to the proposed site improvements associated with this special
exception. Proposed site improvements increase the safe movement of ingress and egress by eliminating the
need for reversing from parking stalls into South Gilbert Court, instead vehicles parked in the proposed stalls are
able to pull through and safely exit the auxiliary existing south drive.
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
300 South Clinton Street #200, Iowa City, IA 52240 | 319.519.6220 www.axiom-con.com
2330 12th Street SW, Cedar Rapids, IA 52404 | 319.519.6220 Page | 2
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).]
Except for the parking reduction, the proposed site improvements are compliant with all applicable regulations
and standards for the CI-1 zoning.
7. The proposed use will be consistent with the Comprehensive Plan of the City.
Existing use will not be changed and will continue to consistent with the Comprehensive Plan.
Sincerely,
James Kincade, PE
Preliminary Meeting Minutes
Item 4 on the Agenda
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
FORMAL MEETING
EMMA HARVAT HALL
JULY 9, 2025 – 5:15 PM
MEMBERS PRESENT: Larry Baker, Nancy Carlson, Paula Swygard, Julie Tallman
MEMBERS ABSENT: Mark Russo
STAFF PRESENT: Sue Dulek, Anne Russett
OTHERS PRESENT: Jeff Clark, John Beasley, Mike Vandermeir, Mike Welch, Bob
Downer, Jessie Singerman, Robin Christianson, Kim Miller
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.
SPECIAL EXCEPTION ITEM EXC25-0003:
An application submitted by Jeff Clark requesting two special exceptions to allow ground floor
residential in a commercial zone and a parking reduction in a Central Business Zone (CB-10) for
the property located at 17 and 23 South Gilbert Street.
Baker opened the public hearing.
Russett began the staff report showing an aerial map of the subject property along with the
zoning map noting the property is zoned CB-10, which is Central Business District zone. The
property is a mixed use structure, there's ground floor commercial on the Washington Street
side of the building, and then there's residential on the upper floors. The City's parking
regulations state that for buildings built on or before December 31, 2008, parking is required for
residential uses after the first 10 bedrooms and 0.5 parking spaces are required for each
additional bedroom beyond 10. So although this building has no parking on the site, the building
is built from property line to property line, it does have credit for one parking space and the
additional residential units would require two additional parking spaces, but they are requesting
that that be reduced to zero. Russett noted that the CB-10 zone is the downtown zoning district
and is meant to allow intense mixed use development. Service parking is not allowed and
commercial uses do not require parking in this zone.
For some background, the property was built in 1899 as a factory and then converted to a hotel
in 1922 and is significant for its role in the history of Iowa City education, industry and
pharmacy. It's a contributing structure in the Iowa City Downtown Historic District, which was
listed in the National Register of Historic Places in 2021, the property is also eligible to be
designated as a local historic landmark. The property was developed prior to the existing
Board of Adjustment
July 9, 2025
Page 2 of 23
zoning, which is the CB-10 zone. The applicant is seeking to allow two ground floor residential
units and a 100% parking reduction to protect the building's historic character. The proposed
residential uses would be on the Gilbert Street side of the building, on the ground floor.
The role of the Board of Adjustment is to approve, approve with conditions or deny the
application based on the specific standards and general standards to be considered.
First is the exception for residential uses on the ground floor in a commercial zone. The first
finding is related to whether the property is located in an existing Historic District Overlay zone,
which it is not and therefore this criteria is not applicable.
Second criteria is that the proposed dwellings will not significantly alter the overall commercial
character of the subject zone. Russett explained the CB-10 zone is intended to accommodate a
wide range of retail, service and residential uses and private off street parking is strictly
regulated in this zone in order to preserve valuable land for active building uses and to maintain
a pedestrian oriented streetscape. The ground floor residential uses will fill the commercial
spaces located on the Gilbert Street side of the building as these existing commercial spaces
have remained largely vacant over the past 10 years. The commercial use and storefront at the
corner of Washington Street and Gilbert Street will remain unaltered, so there will still be an
active commercial presence on that corner, which will help activate that pedestrian streetscape.
The conversion to residential requires the addition of two parking spaces.
The third criteria is also related to whether the property is in a Historic District Overlay zone,
which it is not so this criteria is also not applicable.
Russett then moved on to the second request, which is the parking reduction for unique
circumstances. The criteria here is that where it can be demonstrated that a specific use has
unique characteristics, such that the number of parking or stacking spaces required is excessive
or will reduce the ability to use or occupy a historic property in a manner that will preserve or
protect its historic esthetic or cultural attributes, the Board may grant a special exception to
reduce the number of required parking spaces up to 50% and for properties that are listed in the
National Register up to 100%, which is the request here. Staff findings note this property is
listed in the National Register and a contributing property to the Downtown Historic District and
eligible for being designated as a local historic landmark. The building was constructed in 1899
and it takes up the entire property so no parking is provided on the property. The property
currently has 12 bedrooms, which would require one parking space today, and that parking is a
legal non-conforming situation, so they can continue to operate as is with that legal non-
conforming situation. There are four new bedrooms that are being proposed on the ground
floor, which requires two parking spaces. Surface parking, again, is not permitted in this zone,
and accommodating parking would require significant alterations to this historically significant
structure, which would diminish or remove all historic integrity. A 100% parking reduction will
help preserve and protect the property's historic attributes, because providing parking will
require significant alterations to the structure and finally, the parking reduction will also allow the
current vacant space to be utilized, which has been vacant for around 10 years.
Russett next reviewed the general criteria that must be met for all special exceptions. The first
criteria is that the specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare. Staff finds that the existing development will not be
altered as all work will be interior renovations. Without a parking reduction redevelopment of
Board of Adjustment
July 9, 2025
Page 3 of 23
the vacant commercial space to residential will require the property to accommodate parking
which would not be possible on site or within the street. The addition of residential units will
further the intent of this zone by converting currently unused space into residential units,
increasing density and encouraging pedestrian interaction in the vibrant downtown. Without a
parking reduction, providing parking for the residential use would again require structural
alterations which would damage the historic building. Access to the surrounding properties will
not be affected.
The second criteria is that the exception will not be injurious to the use and enjoyment of other
property in the immediate vicinity or substantially impair property values. Staff finds 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. Additional traffic is not likely
to be generated by the proposed conversion to residential as they will utilize vacant commercial
spaces which do not require parking and are proposing to reduce the parking requirement from
two to zero, aligning with the existing conditions on the site today. The proposed renovations
would reinvest in underutilized, vacant commercial spaces to provide housing for the
community.
Third, the establishment of the special exception will not impede the normal and orderly
development of the surrounding property. Again, the surrounding property is already fully
developed with a mix of commercial and residential uses. The residential units proposed will
occupy the existing structure that has been in the neighborhood since 1899 and will provide
services that will not substantially impact the development or improvement of surrounding
properties. Again, the site currently does not have any parking, so the existing conditions will not
change with this request.
The fourth criteria is that adequate utilities, roads, drainage and/or necessary facilities have
been or are being provided. Russett reiterated the subject property is already developed so all
utilities, streets, drainage have already been established within this neighborhood. There's
pedestrian access along the sidewalk on East Washington Street and South Gilbert Street and
the site is also within walking distance of transit.
The fifth criteria is that adequate measures have been or will be taken to provide ingress or
egress designed to minimize traffic congestion. The existing site does not have any vehicular
access and none is being proposed so no impacts on vehicular traffic congestion are proposed
as part of this exception. Also, no changes are being proposed to the existing sidewalk or street
and additional parking would impact traffic flow for surrounding developments at a busy
intersection. Parking reduction would ensure existing conditions are met and limit potential
traffic impacts.
Criteria six is that except for the specific regulations and standards applicable to the exception
being considered, the project complies with zoning regulations. Staff finds that the subject
property meets the requirements of the base zone, with the exception of open space, and that is
a legal non-conforming issue that may remain and with this proposed exception that legal non-
conforming situation will not be expanded.
The seventh criteria is that the exception is consistent with the City's Comprehensive Plan.
Russett stated the Comprehensive Plan Future Land Use Map shows this area as general
commercial. The property is also located in the Downtown District, which has master plan
Board of Adjustment
July 9, 2025
Page 4 of 23
objectives to protect historic character and key buildings, maintain a balance of uses and
provide residential uses. The Comprehensive Plan’s vision includes investing in the
neighborhoods that are closest to major employers in the City, to preserve opportunities for
people to live close to work, school, shopping, promoting walking and bicycling and reducing
vehicle miles traveled. Additionally, the proposed exception would provide downtown housing
and opportunities for people to live close to work and the reduction in parking would align with
the Plan's vision for maintaining historic resources and promoting alternative modes of
transportation.
Staff recommends approval of EXC25-0003 to:
1. Allow ground floor residential along South Gilbert Street in a commercial zone while
maintaining the commercial space along East Washington Street, and
2. Allow a 100% parking reduction in a Central Business (CB-10) zone for the property located
at 17 and 23 South Gilbert Street in order to accommodate two additional residential units.
Carlson wanted to confirm there are currently 12 bedrooms in the building with no parking for
any of them. Russett confirmed that is correct.
Baker asked if this is the first such application to convert commercial to residential downtown.
Russett is unsure but they do have commercial buildings that are occupied by residential uses
that may have received a special exception before her time with the City.
Baker asked if downtown currently has ground floor residential properties. Russett replied yes,
there is the one up the street across from Ecumenical Towers, the old Press Citizen building,
that entire building is residential. Baker noted that was converted as all residential and is
wondering if there is anything comparable to this application where it's an existing commercial
that’s underutilized or vacant and converted to ground floor residential. Russett stated the other
building that she is aware of is the old Carnegie Library, which is across the street from the
public library on Linn Street, that has ground floor residential uses in it.
Baker asked if this building had ever been used by the City for offices. Dulek replied that yes, at
one time The Housing Authority had used the building, in the 1990’s. Baker also wondered
about commercial versus residential tax rates and if this change would affect the taxation.
Baker noted they are talking about a special exception here, which is permitted and the City
may grant the special exception but are there any clear guidelines for denial of a special
exception request. Russett replied for this case it's the terms of the specific criteria and that it
would degrade the commercial character of the neighborhood or of the district and what staff
has found is that they're maintaining commercial uses within the building.
Baker stated on page three of the report it says the properties have remained largely empty
over the last 10 years and on page four the report says the commercial space has been vacant
for around 10 years, do those two things mean the same thing and what are the uses that
they're looking at here to justify the change. Is it how long has it been vacant intermittently or
has it been consistently vacant, what's the history of the property that would justify changing the
use. Is there a guideline because what if some other downtown commercial property wants to
say they’ve been vacant a year so they want to go to residential, what are the other possibilities
here. Dulek stated that is what the Board has to consider is whether that standard has been
met. Russett added which is not about number of days, weeks or years it has been vacant but
Board of Adjustment
July 9, 2025
Page 5 of 23
rather the criteria is that the proposed dwellings will not significantly alter the overall commercial
character of the subject zone. Baker is concerned if other applicants wanted to also go from
commercial to residential. Dulek stated those applicants would also have to come forth with
whatever facts are applicable to that applicant and prove to the Board that the proposed
dwellings will not significantly alter the overall commercial character of that subject property in
that subject zone. Each application the Board has to consider independently and granting one is
not precedential to granting one in the future.
Baker still feels the long term justification opening up all sorts of things in the future. He asked if
there has been any research done, any patterns or any guidelines, for what's the vacancy rate
for downtown commercial properties. Russett is unsure, just walking downtown one can see
that there are some vacancies, but some have also been recently filled.
Baker asked why commercial on ground level is mandated in the zoning code as opposed to
being an option. Russett stated it isn’t mandated, residential is allowed on the ground floor, but
just through a special process, which is the special exception. The reason that in commercial
zones they want to see commercial, especially in the downtown, is because they want a vibrant
streetscape with large windows that people can see into for shops and that's harder to do with
residential uses.
Baker wondered that in downtown Iowa City would developers rather put in residential but just
puts in commercial on the ground level because the City is going to force them to. Russett
replied this is something that property owners could do now, they could approach the City and
ask for residential uses in the ground floor, it was asked earlier how often has that happened
and she could only think of two instances, they are just not seeing a lot of requests to convert
commercial space to residential, but it is an option for property owners that has to be evaluated
by this Board.
Jeff Clark (414 East Market Street) is the property owner and stated this property has been
vacant over the last 10 years about 95% of the time, there's been some short term rentals in
there, which are usually political groups, but other than that it sits empty. He noted it has short
ceilings, roughly 8’, in it so it's not very desirable inside and it faces Gilbert Street instead of
facing in towards downtown, which does not make it as desirable. Clark stated they are just
trying to figure out something to fill it up and make it look used again and they’ve had no real
success in the last 10 years with having any long term tenants come take a look and want it.
Carlson asked if office space was the only type of commercial use ever in the space. Clark
replied in the last 10 years there's a political group that went into the bigger space in the middle,
but there used to be a tanning salon that was in there for a year or two also, but that was about
10 years ago. As far as interest in the property, there has been some people that have looked at
it for office space, but nobody ever seems to be interested in it, so it just sits empty. Carlson
asked if he thinks they would be more successful in running it as residential space. Clark
confirmed yes, there's a much more likely chance to occupy it.
Baker asked Clark how long he has has owned the property. Clark stated he has owned the
property 25 years. Baker asked about the commercial business in the corner, the tattoo parlor,
how long has that been there. Clark replied roughly five years, and they have a lease so they're
going to be there longer hopefully. Baker asked what the rate is he is charging the commercial
space and noted he asks this in the context of the empty properties right now, the rates that
Board of Adjustment
July 9, 2025
Page 6 of 23
they're currently paying for the tattoo parlor versus what they would be charging for the property
right next to it. Clark is unsure of the exact dollar, he is assuming that the tattoo parlor is
probably at the $20 per square foot range. Baker asked then what would Clark be charging for
a one bedroom apartment down there, or what is the current residential occupancy rate for that
building. Clark stated they are at 100% in that building currently. Baker asked how does Clark
market those spaces. Clark explained most of it's signage, there's some online venues that
they use, but for the most part their hits come off of signage. Baker asked if someone were to
come in today and want that space as office space what would they be charging them. Clark
explained the corner space is much more expensive, they were probably offering the center
spaces in the $10 to $13 per square foot range.
Baker asked about the difference between commercial versus residential taxation and which is
higher. Clark noted there would not be a difference because the building's currently being taxed
as commercial because it's multifamily, it’s taxed as one structure at the commercial rate.
Baker noted they are planning one of the residential units to have three bedrooms but the plans
make it appear to be about the size of a closet so how big are these rooms in the units. Clark
stated they all qualify by code to be a bedroom.
Baker closed the public hearing.
Carlson moved to recommend approval of EXC25-0003 to:
1. Allow ground floor residential along South Gilbert Street in a commercial zone
while maintaining the commercial space along E. Washington Street, and
2. Allow a 100% parking reduction in a Central Business (CB-10) zone for the
property located at 17 and 23 South Gilbert Street in order to accommodate two
additional residential units.
Tallman seconded the motion.
Swygard noted the one thing that she’s considered in looking at this is the location of the
property, it is in a commercial zone but it’s towards the north end of Gilbert before it transitions
to a lot of residential and she doesn’t see a lot of foot traffic whenever she drives by there. As
far as people looking for offices or buildings she just thinks that it's not going to significantly
make a big change in the commercial spaces to approve it.
Tallman agrees it's not a very pedestrian friendly place to be, she remembers when the Housing
Authority was there it sort of felt like if the door opened you were going to be pushed backwards
out onto Gilbert Street so this just makes sense.
Carlson is wondering who's going to want to live there, because the same conditions that they're
talking about that don't make it very appropriate for commercial may also apply to a residential
unit because when they walk outside their door Gilbert Street is six feet away. She
acknowledged it is a very difficult piece of property.
Baker stated he is going to vote no as he has general concerns about the process of converting
commercial to residential on the ground floor downtown. He doesn’t see any compelling reason
and is not comfortable letting this change over.
Board of Adjustment
July 9, 2025
Page 7 of 23
Dulek reminded the Board that they have to determine whether or not the criteria are met so the
question is do they find that the proposed dwelling will not significantly alter the overall
commercial character or one of the other standards, that's the question they have to answer.
Baker replied for the purposes of this vote he does do find that there's significant damage.
Carlson stated regarding agenda item EXC25-0003 she does concur with the findings and
conditions set forth in the staff report of July 9, 2025, 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 and conditions in the staff report for the approval
of this exception.
Carlson wanted to add special things from the findings that surface parking is not permitted in
the CB-10 zone and accommodating parking would require significant alterations to a
historically significant structure, which would diminish or remove all historic integrity. This
exception will help preserve and protect the property's historic aesthetic and cultural attributes,
and the reduction will allow the current vacant space to be utilized.
A vote was taken and the motion passed 3-1 (Baker dissenting).
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.
SPECIAL EXCEPTION ITEM EXC25-0004:
An application submitted by Mike Vandermeir of Evans Scholar Foundation requesting a special
exception to allow a parking reduction in a High Density Multi-Family Residential Zone (RM-44)
for the property located at 729 North Dubuque Street.
Baker opened the public hearing.
Russett began the staff report noting the property is located just east of the Iowa River and
south of the Park Road Bridge. The corridor along North Dubuque Street is all zoned multifamily
with multifamily uses as well as some fraternal group living uses. In terms of background, the
Evans Scholar House intends to purchase the property and renovate the space from 19 rooming
units to 46 rooming units. Without a parking reduction, the property must accommodate a
minimum of 34 onsite parking spaces and the applicant has requested a special exception for a
50% parking reduction in order to provide 17 parking spaces onsite to preserve the unique
historic character of the site. The property was built in 1923 and it's known as Phi Delta Theta.
The property is eligible to be placed in the National Register of Historic Places for both its
architectural and historic significance. The property was constructed prior to the current
multifamily zoning designation. Russett noted also the loss of several historically significant
fraternity houses over the years increases the importance of those that remain and a parking
reduction would reduce the impact to the historic property and maintain its important location
along the east bank of the Iowa River.
Russett next shared the site plan that was submitted with the application showing the location of
the 17 parking spaces as well as the access to the site off of North Dubuque Street. She
explained this is a parking reduction for unique circumstances, which can be approved where it
can be demonstrated that a specific use has unique characteristics, such that the number of
Board of Adjustment
July 9, 2025
Page 8 of 23
parking spaces required is excessive or will reduce the ability to use or occupy a historic
property in a manner that will preserve or protect its historic aesthetic or cultural attributes. In
these cases, the Board may grant a special exception to reduce the number of required parking
spaces by up to 50% and that's the request before them this evening.
In terms of findings, this property is not currently listed in the National Register of Historic
Places and also is not locally designated, but according to the State Historical Society the
property maintains architectural and historical significance that's eligible for listing in the
National Register. In 2012 the City completed a study that noted the potential for nine remaining
fraternity houses within the 700 and 800 North Dubuque Street block that could be placed within
a local conservation district in order to preserve these historic properties, but no district has
been established to protect these sites. The property is currently vacant based on the City's
rental inspection data and has not been occupied since March 2022. The property previously
housed 19 roomers and provided 17 parking spaces. In order to accommodate the 46 roomers,
the property would require 34 parking spaces.
Russett noted the site is significantly sloped, the eastern portion of the site is at an elevation of
672’ and the western portion along the river is at 644’ and this change in grade makes it
challenging to add additional parking to the site. In addition, parking would be required to be
located behind the building and along the riverbank, which would not only diminish the historical
riverfront character, but also impact the stream corridor and protected sensitive features in that
area. Altering the structure to accommodate additional parking would diminish the historically
significant architectural character as well as the historic riverfront integrity that has remained
largely unchanged since the fraternity was constructed in 1923. Russett reiterated that over the
years several of the existing fraternity and sorority houses in this area have been demolished or
negatively impacted so a parking reduction would preserve the site for one of the few remaining
historically significant fraternity houses in the City, provide the opportunity for more housing in
the community and allow a building that has been vacant for several years to be reused.
In terms of the general standards, the first is that the specific proposed exception will not be
detrimental or endanger the public health, safety and welfare. Russett stated the existing
development will not be altered if granted the special exception, all work would be interior, and
the existing parking area would accommodate the parking. Without a parking reduction the
property would need to enlarge the parking area which would alter the riverfront view, the open
space and the historic character of the site. She noted access to the surrounding properties will
not be affected. In addition, the parking reduction would use and maintain the existing 17
spaces, which would generally maintain the existing conditions for access to the site. If the
additional 17 parking spaces were required it would increase the vehicles required to use North
Dubuque Street, which is a major arterial street. Russett noted there is no onsite parking along
North Dubuque Street and the added roomers would not lead to further street congestion.
The second criteria is that the exception will not be injurious to the use and enjoyment of other
properties in the immediate vicinity, or diminished property values. The proposed renovations
and the parking reduction will not impact the ability of neighbors to utilize and enjoy the
properties, nor will it negatively impact property values. Additional traffic generated may be
minor due to the proposed renovation from 19 roomers to 46 however if a 50% parking
reduction is approved, the existing parking lot and 17 parking spaces would remain in use so
those existing conditions would remain. Again, Russett noted there is no on street parking along
Dubuque Street so the additional roomers would not lead to further congestion due to off street
Board of Adjustment
July 9, 2025
Page 9 of 23
parking. The renovations would provide additional student housing and provide the Evans
Scholar Foundation with space to further serve the University and the community. The property
does not have neighbors to the north, it abuts the Iowa River to the west, there is multifamily
residential located to the south and to the east, and the uses in the immediate vicinity are similar
in intensity.
The third criteria is that establishment of the exception will not impede the normal and orderly
development and improvement of the surrounding properties for uses permitted in the district.
Again, Russett noted the surrounding neighborhood is already fully developed with a mix of
residential and institutional uses. The additional roomers will occupy the existing structure that
has been in the neighborhood since 1923 and been vacant for several years. The project will
provide much needed housing that will not substantially impact the development or
improvement of surrounding properties. If a parking reduction were granted, the parking area
would remain in use and the existing conditions would not change.
The fourth criteria is that adequate utilities, access roads, drainage and/or necessary facilities
have been provided. Russett again stated the subject property is already developed, all utilities,
access and drainage and necessary facilities are already established for this neighborhood. She
also stated there's pedestrian access along the sidewalk on the west side of North Dubuque
Street and Iowa City Transit is also accessible from the subject property. There is access to the
City's bicycle infrastructure, including the Iowa River Trail, from the subject property.
The fifth criteria is that adequate measures have been or will be taken to provide ingress and
egress designed to minimize traffic congestion. Russett stated no changes are being proposed
to the existing driveway, sidewalk or street. Traffic would be mostly limited to residents. A minor
increase in traffic may be generated to accommodate the additional roomers. However, if a
parking reduction is granted, the existing parking area would not be increased. The subject
property is accessible to Iowa City Transit and the City's bike infrastructure. Additional parking
would impact traffic flow for surrounding development along a major arterial street. A parking
reduction would ensure existing conditions are maintained and limit potential traffic impacts.
The sixth criteria is that except for the specific regulations and standards applicable to the
exception, the project conforms with zoning regulations. Russett stated the subject property
meets the requirements of the base zone with the exception of parking for multifamily being
located between the street and the building. Elements that do not currently meet these
standards can continue as legal non-conforming situations. If a parking reduction were not
granted, future parking stalls would need to be located behind the building and along the Iowa
River, which would diminish the historical significance of the property's placement along the
riverbank.
The seventh criteria is that the request is consistent with the Comprehensive Plan. The
Comprehensive Plan shows this area as appropriate for higher density residential development
at 25 or more dwelling units per acre. This property is also located in the Central Planning
District, which identifies this property as appropriate for fraternity and sorority housing. The
Comprehensive Plan also supports investing in historic neighborhoods to help preserve the
culture and history, and it notes that investing in the neighborhoods that are closest to the major
employers in the City preserves opportunities for people to live close to work, school and
shopping and promotes alternative modes of transportation and reduction in vehicle miles
traveled. The proposed exception would grant the ability to provide additional student housing
Board of Adjustment
July 9, 2025
Page 10 of 23
and opportunities for people to live close to work and school and shopping, and the parking
reduction would align with the Plan's vision for maintaining historic resources and promoting
walking, biking and transit within the area.
Russett noted staff did receive two pieces of correspondence on this application, one was in
support of the request, which was included in the agenda packet, the second came in earlier
today, which was in opposition to the special exception, and provided to the Commission at this
meeting.
Staff recommends approval of EXC25-0004, to reduce the onsite parking requirement by 50%
(from 34 to 17 parking spaces) for a Fraternal Group Living use at 729 North Dubuque Street.
Swygard asked how staff arrived at there would be 46 rooming units. Russett replied that was
the request from the applicant. Swygard noted in the applicant's statement that they provided it
said they would like to provide housing for 45 to 55 individuals so would they be allowed to have
55. Russett replied they would be restricted to 46 and that would be a firm cap.
Swygard asked if any of the units are multi occupancy. Russett explained they're not technically
dwelling units, they're rooming units but that's probably a better question for the applicant on
how they plan to lay out the building.
Swygard asked if there are any bicycle parking required and if so how many spaces. Russett
replied bicycle parking is required but she is not sure of how many spaces and will look into that.
Carlson noted they do not allow parking in the front yard of a residence and they don't want
parking in the backyard, there is parking on the one side so is there any way they could get to
the other side or are there other alternatives on this piece of property to increase the parking.
Russett confirmed the multifamily site development standards which this property is subject to
does not allow parking between the building and the street but the current parking area is
located between the building and the street, and that is allowed to remain as a legal non-
conforming situation. However, they could not add additional parking in that location here and
would have to put it all in the back. There is also not really any room on the south side and
there are sensitive features to the north.
Carlson noted then basically the parking that is there is the maximum amount that can be
developed on that property. Russett noted the project’s civil engineer is here and that may be a
good question for him, but staff thinks adding additional parking on this site would be very
difficult.
Baker noted the report says the property has been shut down for a couple of years and the prior
occupancy was 19, do they know how long that occupancy was the standard, had there been
more occupants there in the past or was it always just 19. He asks because one of the
concerns of the neighborhood is the impact of an increased population so he is just trying to
figure if the property has had a history of higher population than 19. Russett is unsure, City
records available show that it's been 19 for several years but it could have been more in the
past.
Baker asked if the purchase of the property is contingent on the approval of this application and
Russett noted that's a question for the applicant.
Board of Adjustment
July 9, 2025
Page 11 of 23
Baker noticed that the current parking area is completely overrun so would be part of the
approval be based on a clear delineation of the parking lot. Russett confirmed yes, they would
need to stripe the spaces. Baker asked if they need to put that in the approval and Russett
stated they could add it as a condition if the Board feels that's justified.
Baker asked if the intended use is for another fraternity to be using the property. Russett replied
the Evans Scholars Foundation are the applicant, they're a nonprofit entity that provides
scholarships to golf caddies so they can speak more to their mission and vision.
Baker noted it would be good to know if it's more comparable to a boarding house or a rooming
house than a fraternity house, because that could change the neighbors’ concerns about the
kind of population in the space. Russett confirmed the use is classified as fraternal group living,
it’s not independent group living, which would be a boarding house, it's fraternal group living
because they have a partnership with the University and the University has sanctioned them as
a fraternity.
Baker asked for a quick clarification on a definition, under the findings they talk about additional
parking would be required to be located behind the building along the riverbank, which would
not only diminish the historical river character but also impact the stream corridor. What does
that mean to impact the stream corridor. Russett explained the City has a Sensitive Areas
Ordinance which regulates development near streams such as the Iowa River and there needs
to be separation from the river and the floodway and any development.
Carlson asked about the current parking situation, because there are 17 parking spaces but
there were 19 people living in the house, if they did not grant this exception for the reduction,
how many people would the 17 parking spaces allow. Russett stated it would be 19, which was
they were allowed previously, with the 17 parking spaces.
John Beasley (Evans Scholars Foundation) stated the Evans Scholars Foundation is out of
Chicago, they're a 501(c)3 tax exempt not for profit, they're not developers and not out to make
a profit. They've been in existence since 1930 and what they do is provide scholarships, tuition,
room and board, to young individuals who otherwise might not have the opportunity to attend
college. These individuals have limited financial resources and many of them are first
generation college students. Beasley noted he hadn't heard of the Evans Scholars Foundation
until he got involved and since 1930 the Foundation has awarded young people of limited
financial means 12,300 scholarships. Last year they gave approximately 340 scholarships.
These are scholarships for freshmen, sophomores, junior or seniors, and are full scholarships.
He noted there's a selection process, and it's quite unique as they meet these young kids
because they have relationships with golf courses, young kids working as caddies at golf
courses, and they get to know individuals. As part of that process they are then permitted to
apply for a scholarship and there is a very strict selection process that involves academics,
need and character. Once the individual gets a scholarship they have expectations from the
Evans group, not only in the house, but in the community. Evans has 20 plus locations
throughout the country that they own, properties in 17 major universities throughout the country
such as University of Illinois, University of Indiana, Michigan, Michigan State, Minnesota,
Missouri, Northwestern, Notre Dame, Ohio State, Oregon, Penn State, Purdue, Wisconsin,
University of Washington in Seattle, and they just opened a house in Kansas. Beasley
reiterated they have expectations for these young kids, to maintain that scholarship their GPA
Board of Adjustment
July 9, 2025
Page 12 of 23
has to be 3.0 or better and the average currently is 3.2. Historically, they have had a 98%
graduation rate in four years with a GPA average of 3.3. 95% of their graduates are employed
or in graduate school once they complete their undergraduate work. Beasley thinks Iowa City is
privileged that Evans has selected Iowa City for a site to put up their scholars. There are
currently 20 Evans scholars at the University of Iowa and the goal is to get a bigger facility that
they can have all these young scholars under one roof and also would like to get that number up
to 40 to 45, 46. He stated it is a fantastic program that’s been around nearly 100 years,
providing scholarships and opportunities for young kids. Regarding the staff report, Beasley
supports their analysis in the recommendations. The one question that's come up and Mr.
Downer, who represents the owner of the property, can address it as well is where the 19
roomers number came from. Historically, going back to the 1960s this building has had 40-45
young people in the fraternity, with the 17 parking spots. He doesn’t know if the 19 is a result of
the fact that it's been vacant but historically, as far back as they could find to the early 1960’s,
it's been that 40 to 45 range occupancy with the current parking. Evan’s intent is to use and
occupy that property consistent with what it had been used for since the 1960s and they’re lucky
that this group wants to be here and wants to maintain that historically significant property.
Regarding Commissioner Carlson’s question on how they came up with 46 is that for each
roomer they have to have 0.7 parking spots so if they have 46 people that would be 34 spots
and then with the reduction of 50% they get to 17. Beasley also answered Chairperson Baker’s
question and the purchase agreement is conditioned on getting the parking reduced, they would
like to put 46 people in the house.
Swygard asked if these individual rooming units or will more than one person be housed in a
room. Beasley stated there are not 46 separate rooming units in this this house, there's spaces
that can accommodate several roomers in one room.
Tallman asked where the current 20 Evans Development Foundation students at the University
of Iowa are living, are they in a fraternal setup or are they distributed throughout different
places. Beasley replied he thinks they're distributed throughout campus so the goal is to get
them all in one place.
Mike Vandermeir (Evan Scholars Foundation) stated they are out of the Chicago land area in
Illinois. His role is to oversee all facilities and construction for Evan Scholars Foundation. To
reiterate they award full tuition and housing scholarships to deserving golf caddies of modest
financial means, these will be some of the finest students on campus and some of the finest
citizens in the community. Without the scholarship, they would not be able to attend the
University of Iowa. As Beasley highlighted, they are not-for-profit student housing entity, these
students do not pay rent. They are categorized as a fraternity or Greek because universities just
don't have individual files for every type of entity out there, so they get broadly categorized as
Greek and treated as such or fraternal. They are a co-educational organization supporting both
men and women in a living and learning community with incredibly successful outcomes. As
their students are very limited financially many don't have access to cars while away at school,
only certain students are permitted to park a vehicle on the site and any students in excess of
the parking lot capabilities would have to pay for parking on campus, they would not push out
into the neighborhood. Vandermeir noted in some of the places where this has become an
issue, though many college towns have gotten away from parking altogether, they have rented
spaces on behalf of the program to put everybody at ease and they're prepared to do whatever
it takes to make sure that everybody realizes they’re serious about being good neighbors and
not congesting already congested neighborhoods. Most will just walk to class, these are golf
Board of Adjustment
July 9, 2025
Page 13 of 23
caddies and they walk a lot. Part of the criteria is certain number of qualifying caddy rounds,
obviously high academic achievement, high character and volunteerism, and then they also
have to have exhibited financial need in order to qualify. Of the kids that apply roughly 1/3 are
awarded Evan scholarships, which again are full tuition and housing scholarships, and this is life
changing for the families that receive them. Regarding relevant, realistic concerns over noise
and behavior Vandermeir stated the scholars are going to be supervised by live-in graduate
resident advisors, they police themselves and are substance free living with no alcoholic
beverages allowed on site. He stated they have had no issues with neighbors anywhere, they
don't get the police called on them, they’re not loud and rowdy and wild and crazy. These kids
go to work, they go to school, they study, they add value, and they're good citizens. This
program just won national scholarship of the year and that's the quality of the young people that
live in their houses. Vandermeir stated they have been around a long time and have never been
disciplined off campus, they’ve never been shut down at any chapter, their properties are often
award winning, and they will make this site something that the community is proud of.
Carlson asked how they select people to come into the program. Vandermeir explained
students have to apply for it and it’s something that's well known in the caddy community. These
kids will work at golf courses and country clubs where there's connections with the Evan
Scholars Foundation. They have to get applications in by a certain date in order to be
considered, they then go through the process, transcripts, financial statements, essays on why
they should have a chance to apply for the scholarship, then there's scholarship interviews,
where those that are awarded scholarships are then notified after the interview, and then they
have to also be able to get into the schools that they're applying to.
Carlson asked what the income level of most of the families who have students in the program.
Vandermeir stated that is sensitive information, but he believes last application season was
under $70,000 per household on average.
Carlson noted regarding cars and the other campuses, what has the issue been if there were
too many and they had to find rental space for them, is that written into their constitution, or how
do they assure that will be done. Vandermeir stated that's a house by house issue, there's a
couple of locations where they have enough parking for everybody but again most people don't
show up with cars and a lot of their houses have zero parking spaces. They actually prefer to
build at zero if they’re developing in a new location. But, if it were needed and they were in
excess of the 17 parking spaces, then yes, they would formalize agreements.
Tallman asked where the current University of Iowa scholarship recipients are residing.
Vandermeir replied that freshmen and sophomores are in dorms and others are in apartments in
the area, but again their goal is to have everybody under one roof because community living is a
pillar of their scholarship.
Carlson asked if someone applies for this scholarship and is accepted how do they determine
which school they go to. Vandermeir stated the student has to be able to get into that school.
Ideally, it's preferential if they're able to attend schools in-state, that give the best tuition rate,
the best bang for the buck, every dollar that they spend and invest in these communities is
donated so they’re careful about spending and try to be good stewards. When they apply for the
scholarship the kids will put down what schools they've applied to and been accepted in, and
then if there's available space in the scholarship houses at those schools then there's a much
higher chance that they'll be able to end up there.
Board of Adjustment
July 9, 2025
Page 14 of 23
Carlson asked if they would require the current students vacate the dorms and apartments and
move into the rooming house. Vandermeir replied yes, their goal has always been to have
everybody living in a community together, it's just part of who they are, and that also includes
graduate resident advisors that will live in the house and have supervisory roles.
Carlson asked if the students get their meals there also. Vandermeir explained that is a little bit
different depending on location, they don't serve food in the houses often so what they'll
typically do the scholars get meal jobs at sororities and as part of that they could make some
money and also often get free food. If they're able to purchase meal plans, they'll purchase meal
plans and if somebody can't afford that they find a way to make sure that people eat, but they
are not planning on serving food in the house at this time. Some places bring in food from the
outside, so it's more serving of food and not an operational cooking kitchen.
Tallman asked if they have 30 students currently at the University of Iowa and 10 more coming
in, how many residents to graduate resident advisors do they typically have. Vandermeir stated
they would plan on having two in the house.
Tallman noted she is concerned about deliveries more than onsite parking, with so many people
using DoorDash and 46 individuals hungry at different times, that incline on Dubuque Street,
she concerned about any negative effects of a delivery vehicle stopping on Dubuque Street for
a delivery and sitting there and waiting and causing problems. She noted there's probably a way
around that like making sure that deliveries actually come into the driveway and pull up into the
parking lot instead of just sitting on the street with lights blinking.
Tallman also asked about the floor plans and noted there are only seven toilets for 46 people.
Vandermeir explained the bathroom situation is something that they would address in interior
renovations. He stated with renovations they build things the right way that's built to last and
need to do the bulk of their renovations on the interior. They would refresh the exterior, with
respect to the neighborhood right now it's overgrown and needs some love and some
investment. They're prepared to make that investment but wouldn't radically change the outside,
they would restore it.
Vandermeir also added that with regard to individual bedrooms in the house there's some single
occupancy, but for the most part, it's double, triple occupancy.
Carlson noted regarding the student going to sororities or other places to get a job, can they get
other kinds of jobs, are they allowed to work besides going to school. Vandermeir replied they
are, their grades have to stay at a certain level or else they'll fall into probationary territory. They
are allowed to work, these are not kids that are showing up with moms and dads credit cards.
Mike Welch (Shoemaker and Holland) is the civil engineer working with Evan Scholars
Foundation on the property. Regarding the couple questions that came up earlier on the parking
feasibility on that site, everything west of the existing driveway and parking lot falls off very
quickly down to the river and then from the parking lot and the building down to the backyard of
the property, there's a couple sets of stairs there and he estimates that's a 12 to 15 foot drop off.
So if they looked at adding parking on the west side of the building, they would have to find a
way to get vehicles down there, and then back up. It is just a very challenging site parking wise.
They really tried every possible combination to expand that parking lot or find a way to squeeze
Board of Adjustment
July 9, 2025
Page 15 of 23
a few more cars in, and there just really isn't any more space in that lot, Welch also wanted to
point out looking at the aerial photography available from Johnson County over the last few
decades, in most cases there's more than 17 cars parked there. People are parked parallel on
the driveway and they're double parked and tandem parked. They're parked in spots making
others unable to get their cars out.
Carlson asked if this property flooded in 2008. Welch believes parts of the yard did but the
building does sit up quite a bit from the river.
Carlson asked if there would be assigned parking spaces, or first come, first serve. Vandermeir
replied they are assigned and would be given a house parking permit.
Welsch added with the question of deliveries, there is space with the 17 cars in the parking lot to
still turn around and get back out so deliveries will have plenty of room.
Bob Downer has some personal knowledge with respect to this property, from having lived
across the street for approximately four years from 1957 to 1961 and was in this property a
number of times because of friends that live there. The occupancy during that period of time
would have been in the 40s, that house was packed and some of the pictures showed parking
there that was somewhat irregular and likely exceeded the applicable restrictions at that time.
Downer stated there have been many more people that have lived there than the 17 or 19 that
was talked about earlier. Downer is here as the attorney for the Phi Delta Theta House
Association, the owner of this property, and have represented them for approximately two years
as they first looked toward rejuvenating the chapter that had gone off campus, in part because
of some disciplinary issues with the University of Iowa and also with some dissension
apparently within the membership. Their goal when at first started was to reactivate this chapter
and get a sufficient number of members there to occupy the house and support it financially. It
became clear during the course of reviewing this it was not something that was feasible, for a
period of time it looked like it might be but then those plans didn't come to fruition. The next
thing that they looked at after trying to reconstitute the chapter was to find some use for it that
would preserve the building and to maintain the structure roughly in its present configuration,
and not see it demolished and more apartments constructed, which was true of a fraternity that
adjoined this property on the south some years ago. So, when Evans Scholars manifested an
interest in this property this was felt to be a perfect marriage between the interests of the seller
and the buyer. It so happened that Downer had some knowledge with respect to the Evans
Scholars Foundation because that's an organization that has been supported for many years by
the Western Golf Association and he has good friend who's a lawyer in Bloomington, Indiana,
who has served on the board of the Western Golf Association and spoke to Downer a number of
years ago about the wonderful things that they were doing and wondered about the possibility of
establishing a chapter on the University of Iowa campus. He noted these chapters are largely
centered in the Midwest and in Big 10 institutions, not entirely but the vast majority of them do
have a Big 10 location. Things Downer has learned about the Evans Scholars Foundation over
the years is that they attract high quality young people who would not be able to afford a college
education otherwise, and that they go out and contribute to their communities and are solid
citizens. Downer thinks this would be an excellent addition to the University of Iowa, permitting
them to have a location where all of their scholars could be housed under one roof. He stated
the plans going forward are being developed by Evans and their team, Downer is just here on
behalf of the seller to indicate support for this and also provide a little additional background.
Board of Adjustment
July 9, 2025
Page 16 of 23
Tallman asked how Downer would compare car ownership at college in the late 1950s, early
1960s, compared to now, how many students came to college with a car. Downer replied it was
a significant number, parking has been a significant problem in Iowa City for as long as he’s
been around.
Jeff Clark (414 East Market Street) wanted to state this property is a beautiful property, he was
involved with the Phi Delta Thetas back in the 1990s and it would be good to see it revitalized
and used again. As far as the number of occupants back then, when he was involved as a
member of Phi Delta Theta there was essentially between 30 and 40 members that lived in the
house. Parking hasn't changed, it wasn't really a problem with that limited number of spaces. As
far as putting parking in the backyard, that would destroy the look. He hopes that the Board
approves this.
Jessie Singerman (219 Ronalds St.) lives a couple blocks from this property and wanted to say
a couple of things with all due respect to the people that have spoken. She knows the fraternal
orders aren't developers and they're not in it for the profit, but they’ve heard the same type of
conversation about members of other fraternities in the area, in terms of the young people who
live there and their character and so on. But truth be told the people who've spoken won't be
living in the house and there are significant problems in the north side neighborhood due to a
number of the fraternities there and the rental properties. The house might have been crowded
in the 1960s, but the whole neighborhood is now crowded in 2025 and a lot of residential
properties have been turned into rooming houses for students and so on. Singerman noted last
fall where she lives, which is in the middle of the block, in her alley there's something like 50
cars parked between the fraternities and the rooming houses. They have a serious problem with
noise. Also, with parking in particular on this property the reality is there might have been 17
parking spots there but there were way more than 17 cars in that lot, and they were double
parked in back of each other. There was no room to turn around, they were parked up the
driveway and would have to coordinate with each other to get in and out. It's a dangerous spot
to turn into or out of onto Dubuque Street and what tends to happen is not so much that cars
stop to make deliveries, but they try to make a left turn into the property and they have to stop
and wait for the traffic to be able to turn so in the meantime traffic backs up on Dubuque Street
so there will be more congestion with this issue, particularly if there are 46 people living there.
Additionally, most people have cars these days, low income people have cars, most of the
students who come to the University have a car. The cars have to go somewhere and typically if
they don't have a parking spot then they go park on the street on the north side. Singerman
noted she has had service providers that won't come to her home because there is no parking
during the day. In particular, during the school year she has people come to work on her house
and they have to park on the lawn because there is no parking. If she has guests coming she
typically has to move her car out of her parking spot onto the street so people can park at her
house where she usually parks. She is not making this up, it is a serious issue. Singerman
understands this is a worthy objective and these kids sound really, really great, however if the
developer wants to have 46 people there, they should be required to provide parking in
accordance with the code.
Robin Christianson (721 North Linn Street) lives between Ronald and Brown Streets and the
alley that goes straight down from Linn Street to Dubuque Street is a busy alley for cars coming
through. Brown Street and Ronald Street are crowded so people decide to zip down that alley to
Board of Adjustment
July 9, 2025
Page 17 of 23
get onto Dubuque Street and that's a problem. Her concern is 46 people and possibly a lot of
cars and their neighborhood is already congested with cars. Christianson noted when people
are looking for parking at night, or even during the day, there's a lot of noise, and they have
been subjected to an incredible amount of disturbances during the day and at night. The thought
of having more people without parking, parking up on Linn and beyond, and walking down on
Ronald Street or their alley, because they're probably not going to walk down Brown Street
because that's very steep, is really just very disturbing and it is a problem. Christiansen asks
that the Board take this seriously and really hopes that they do not allow 46 people to move in
there. She acknowledges that they are nice people, but the students who are around them now
have been a lot of problems, and they're trying to work it out with the University, the police, City,
the fraternity organizations, and really hopes that these people stay to 19 and not bring more
cars and congestion and disturbance to their neighborhood.
Kim Miller (721 North Linn Street) wanted to say he is impressed with the Evans Scholars and it
sounds like a pretty good organization with quality kids moving into the neighborhood. However,
having said that, that's not really the concern and it doesn't have anything to do with the
variance that they’re asking for. The reality is that there is a code for a reason. Right across the
street from this property is 702 Dubuque Street which is also a fraternity, and it's also got a
parking variance. There are 35 kids in that property and there are 10-13 parking spaces so
there's already an issue with them finding parking spots. Adding another 40 kids into that
neighborhood is going to exacerbate the problems that they see right now. Miller stated they run
a bed and breakfast and their guests don't really appreciate being woken up at 2am on
Thursday nights. It's like a clock going off, it's every Thursday night when the bars close, the
guys in the fraternity come walking home and they are not quiet. They're in a good mood and
having a good time, but they're walking down the alley and they're waking their guests up. With
additional people parking in the neighborhood Miller stated they can be pretty confident that the
problem is going to get worse and it does negatively impact the neighborhood, contrary to what
the City staff seems to have determined without talking to any of the residents in the area. Miller
asks that the Board not go along with this variance. There's the assumption that they have to
expand the number of kids in that building for it to be a viable arrangement but likely no one has
considered that the current number of people, 20, in that facility is probably totally fine. It's the
assumption that they got to go to 46 because they have an ability to do a 50% variance is kind
of a funny assumption.
Baker asked if the existing parking problem in that neighborhood is such that there really is no
parking in that neighborhood. Miller replied that there is parking at night because it’s an odd
and even neighborhood so after 5pm anybody can park anywhere until 8am and not get
ticketed. However, if a car is on the wrong side of the street at 8am, they are likely to get a
ticket. So that means those looking for parking are going to have to go further east to find
parking and probably create the problem of late night conversations and disruptions.
Vandermeir stated that nationally, with over 1200 getting close to 1300 kids in school, less than
half of their kids are coming to campus with cars. All he can say is they will have 17 cars in that
lot, permitted by their organization, and any overflow would have to be on campus or other
parking arrangements that are paid for. That is what they do nationally. He stated they have 95
kids at University of Wisconsin with zero parking spaces and they're not all parking in the street,
most of them didn't bring cars, and the few that did have paid parking arrangements elsewhere.
He empathizes with the concerns and can only reiterate that they are different. They’re in a lot
of different college towns and parking is a huge problem everywhere, but they are a different
Board of Adjustment
July 9, 2025
Page 18 of 23
type of organization.
Carlson noted one of the concerns is noise and wanting a calm and peaceful neighborhood,
does their facilities have hours or how do they deal with things like coming home at 2am on
Thursday nights. Vandermeir acknowledged college campuses come alive on Thursday nights,
their houses are supervised and have two graduate resident advisors at a minimum on each
property and then an additional person assigned to watch the help desk and front door. They
usually try to follow whatever noise ordinances in the area and make the houses quiet down,
they can't do anything about what the neighbors do, but they try to police their own and try to
play by the rules.
Carlson asked if residents are too loud do they get reprimanded. Vandermeir replied they try to
run a tight ship and he thinks they're the very best at what they do. They are in a lot of different
neighborhoods and don't typically have issues. There are penalty systems for people that don't
follow the rules, they do get fined internally and they do the best they can to police it.
Singerman reiterated again, with no disrespect to the people who've spoken, what they have
found is once these things are approved there is no accountability for the students in the
houses, it's very hard to find any entity that actually has any control or any supervision of them.
It may candidly sound good, but what actually happens is that the University has limits on what
they can and will do, the police have limits on what they can and will do and they’ve had a very
hard time finding anyone to actually hold student behavior to any level of accountability.
Baker closed the public hearing.
Carlson moved to recommend approval of EXC25-0004, to reduce the onsite parking
requirement by 50% (from 34 to 17 parking spaces) for a Fraternal Group Living use at
729 North Dubuque Street.
Swygard seconded the motion.
Tallman acknowledged she is real familiar with situations like this, where there's property that is
causing problems with the neighborhood, anything from trash delivery before seven in the
morning to garbage not being properly disposed of and she has heard many promises during
those years from developers. She wants to believe that there's a better way of doing things and
it's always the case that some landlords or entities or fraternities are more responsive than
others and some property owners have a good grip on the behavior of their tenants so that they
don't get problems called into them, but her experience at the City of Iowa City with multifamily
housing and fraternities and all that's associated with that she is familiar. Having someone who
is really, truly accountable in a circumstance where there is a negative impact on a
neighborhood is refreshing. It's not unheard of and she feels like this group is presenting at least
a different mode of operation than what they've seen in some other instances. Tallman also
acknowledged once a particular type of use is approved on a site under a condition that
subsequent uses can come in, and as long as they don't change the population or the use, they
don't always have the same entities having control over the property. Therefore, the decision
that this Board makes, the thing that they need to remember, is that they're not just approving
this for the Evans Foundation they’re approving it for use that could continue if the Evans
Foundation sells the property. She stated she is conflicted a little bit, she used to live in that
neighborhood, and lived there for a long time so is very familiar with the parking problems, noise
Board of Adjustment
July 9, 2025
Page 19 of 23
problems, that exact alley and is hoping that Dubuque Street buffers and the fact that this
property is across the street means less likely impacts to the existing situation on the east side
of Dubuque Street.
Swygard agrees about the conflict about approving the amount of parking reduction for this use
knowing in the future other owners may not be as careful with how they intend to handle the
parking. She is very sympathetic with the neighbors but because Dubuque Street is wider now
maybe it will provide some buffer. In her own part of town they are experiencing and will
experience more the pressure of multifamily parking, and people do come into other
neighborhoods to park, she knows that firsthand and experiences it, so that is a real big conflict
for her. To go up to this maximum number of people in the house, 46, seems like a big jump.
Carlson noted this was a fraternity and this is a big house, so 40 probably is an appropriate
population. The question is if they do not let this group come in with 40, who else is going to
come in and do they want to lose this building and have it torn down and another apartment
house built. There are a lot of things to be weighed here. She loves these old buildings and
wants to see them stay. She wants to see groups come into them that respect the
neighborhood. She lives on Jefferson Street and knows all about traffic and all about noise so
can understand what the neighbors are talking about. She is wondering if there is a way that
they can have this populated with a reasonable amount of people, which probably is 40, and still
answer some of the things that the neighbors are concerned about. Carlson would like to see a
rider or something put in that all people who live in the house, if they have a car, have to have it
registered and the people who own the property have to find another place for them to park their
car. This group has said that this is something that they're willing to do, but it would be a way of
protecting it if they moved out and someone else moved in to protect the neighbors. She wants
to find a compromise between the neighbors and the people here so that they can make this
building work. She is also concerned about noise and perhaps a rider can be added for that as
well. This would protect the neighborhood in the future, by adding conditions to the approval.
Tallman asked if they are supposed to focus themselves today on this application, and not
who's going to continue this particular use in the future or is that something they can be
considering with this application. Dulek replied it's about the what, not the who. So if it's granted
for tonight, it can be for any other entity so if the Board wants to put conditions on for parking
and can tie that to the special exception that would be imposed on the property so a subsequent
user would have to adhere to it as well they can.
Baker ask a question about possible language for this concern approving this condition on the
fact that the owner would be obligated to provide 17 offsite parking places through a permit
process or whatever. Carlson stated they should be required to provide designated parking
elsewhere for any number over 17.
Baker asked where would be that offsite parking be, in a parking ramp, where are they going to
find this and are they going to provide offsite parking in a ramp 10 blocks away, is that a
reasonable condition for the residents of this particular location. He stated people have a permit
to park over at x ramp but really wants to park closer so they will still cruise the streets looking
for parking so he is not sure this condition is a solution.
Swygard agreed, when she was in college and living in the dorm she had parking at the lot clear
out by the sports center but found parking on the streets.
Board of Adjustment
July 9, 2025
Page 20 of 23
Baker is very self-conscious about creating a solution that's not really a solution to the problem,
it sounds good on paper but it doesn't really solve the problem. He does not feel they can
obligate the applicant to add parking spaces as that defeats the purpose of the code. He
doesn’t want to sound unsympathetic, but he doesn’t think this application exacerbates the
current problem in any noticeable way. Allowing 46 people in this place with 17 parking places is
not going to change the problem in that neighborhood or exacerbate it in any noticeable degree.
Tallman agreed, they are all familiar with the problems of parking in Iowa City and it's not a
problem that the applicant has brought in upon themselves.
Baker stated there are advantages to approving this as presented and the advantages of that
are mitigating against the possible problems. He thinks this is the right application for this site at
this time under these conditions and these restrictions.
Tallman stated regarding agenda item EXC25-0004 she does concur with the findings and
conditions set forth in the staff report of July 9, 2025, 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. Swygard seconded the findings.
Carlson would hope that this group would be respectful of the neighborhood and thinks they
probably will be but she wants to make sure that the neighborhood has a voice and that they
know that the Board hears them and appreciates what they put up with on a daily basis. She
wants to make that known clearly that is her concern, it is not that she doesn’t want to see this
happen, because she does, and this is probably the best solution for this building, she just
doesn’t want the neighbors to be negatively affected by it.
A vote was taken and the motion passed 3-0-1 (Carlson abstained).
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.
DISCUSSION ON CITY LAND DEVELOPMENT FEES:
Russett noted this discussion item was a request that the Board made after reviewing the
application for the drive through at 21 Sturgis Corner which included a condition that staff
recommended about paying a fee for the sidewalk to be installed by the City at a later date, and
there were lots of questions about how the City accepts fees. Russett prepared a memo that
was included in the agenda packet that gives some other examples of fees that the City collects
and how they're spent. She stated some have deadlines for when the fees need to be spent,
like the neighborhood open space fee which is collected and then must be spent within five
years. Other examples, like the affordable housing in lieu fee which applies in the Riverfront
Crossings District, the City accumulates the fund but there's no deadline for when it needs to be
spent. Fees for in lieu of parking also have no deadline for when that must be spent and then
there are cost sharing fees for street upgrades, which happen at the subdivision process,
where, in certain instances staff will recommend approval of a subdivision but the applicant
must provide a fee to the City for future construction of a roadway, or share the cost of a future
Board of Adjustment
July 9, 2025
Page 21 of 23
construction of the roadway that the City will take on at a later date.
Tallman stated when she read this over the summary it was very helpful but the question that
remained was what mechanism triggered the ability to require a fee for installing a sidewalk, it
wasn't a subdivision approval, it wasn't a neighborhood open space situation, it wasn't any of
these examples specifically. Russett explained the example with 21 Sturgis Corner was a
condition of the approval of the special exception. Staff recommended the fee in that instance,
and staff could also recommend a fee as part of a condition of a rezoning.
Baker asked for clarification on the neighborhood open space fee, it says fees collected must be
spent within five years within the specific parkland district period, so what happens after five
years if it is not spent. Russett stated then the fees would be returned. Baker asked then
regarding the affordable housing in lieu of, there's no deadline by which the fees must be spent
so the money is kept in perpetuity until the City spends it. Russett confirmed that was correct.
With parking in lieu, the developer must pay a fee for each space otherwise required, he is
familiar with this because they did that a lot in planning and zoning, so that fee goes to the
parking system. Russett noted in general, it's a fee to not provide a space on site so then the
City uses that money for parking ramps but that doesn't guarantee the developer a specific spot
in the ramps, it's just contributing to the overall system.
Baker asked if Russett has any idea of the amount of money that's currently being held that's
with no deadlines. Russett is not sure what is currently being held for parking but for the
affordable housing in lieu fee it's a significant amount of money in the millions of dollars, and the
reason for that is they need to save it to spend on an affordable housing project. They will have
to buy land, construct a multifamily building and that's millions of dollars so they need to
accumulate a significant amount of money before they can actually spend. Baker doesn’t
disagree with that his original concern was based on the idea that the City was taking money in
advance for work that was to be done. So why doesn’t the City just collect the money when
they do the work. Assess that property and collect the fee. Dulek stated Iowa City just doesn’t
do special assessments like that, but Coralville does.
Baker asked when there's sidewalk repairs required in Iowa City they just send the property
owner a bill. Dulek confirmed that is correct but explained that's a type of assessment, but it's
not for the construction of new right of way or new sidewalks, it's the repair of an existing
sidewalk.
Baker noted there's a bookkeeping issue and a financial issue, the City is not spending the
money until they actually do the right of way work so they don't need the money before then, but
when the work is done somebody could be assessed the cost of their share of that work. Dulek
stated there are special assessment processes that they can go through but they are
cumbersome, they are expensive, and owners don't like it.
Baker noted there are two options, they can pay now for work that's going to be done
indefinitely in the future, or they can pay when the work is done and the City is saying the
owners prefer the pay in advance. Dulek stated that is just how the City does it, plus if the right
of way gets put in in five years, the current owner may not own the property and there's no way
to do a future lien on somebody else on a City right of way.
Tallman stated to speak from an enforcement recollection, it's a lot better guarantee to get that
Board of Adjustment
July 9, 2025
Page 22 of 23
money up front. She also noted it seems that it would behoove the City to do the work sooner,
to not delay it unnecessarily because that fee is going to be based on the 2025 cost of labor and
materials and so if it's 2030 when the work is actually done, the fee might cover half of what it
costs. She stated practically speaking it's much simpler for the City to get the money up front as
a condition of getting a building permit than it is to try to chase it down later.
Baker noted it would be better for the City to then collect the fee at the time of construction
rather than earlier if the cost of labor and materials are going to be more. Tallman said that
would work if it was as easy to collect in five years as it is to collect the fee at the time of a
building permit that might be a reasonable argument.
CONSIDER MARCH 12, 2025 MINUTES:
Carlson moved to approve the minutes of March 12, 2025. Tallman seconded. A vote was
taken and the motion carried 3-0 (Swygard not present for vote).
BOARD OF ADJUSTMENT INFORMATION:
Dulek noted the State passed a bill that requires all board and commission members to attend a
training. It'll be probably 90 minutes and the State is putting together the training so there'll be
more information forthcoming.
ADJOURNMENT:
The meeting was adjourned at 8:00 pm.
Board of Adjustment
July 9, 2025
Page 23 of 23
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2023-2025
NAME
TERM
EXP.
7/12 11/8 12/13 3/13 4/10 8/22 10/10 11/13 1/8 2/20 3/12 7/8
BAKER, LARRY 12/31/2027 X X X X X X X X X X X X
PARKER, BRYCE 12/31/2024 X X X X X X O/E O/E -- -- -- -- -- -- -- --
SWYGARD, PAULA 12/31/2028 X X X O/E X X X X X X X X
CARLSON, NANCY 12/31/2025 X O/E X X X O/E X X X X X X
RUSSO, MARK 12/31/2026 X O/E X X X X X X X O/E X O/E
TALLMAN, JULIE 12/31/2029 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X
Key: X = Present
O = Absent
O/E = Absent/Excused
-- -- = Not a Member