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HomeMy WebLinkAbout2022-04-13 BOA Agenda PacketIOWA CITY BOARD OF ADJUSTMENT Wednesday, April 13, 2022 – 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall Agenda: 1. Call to Order 2. Roll Call 3. Special Exception Items a. EXC22-0002: An application submitted by Mike Oliveira (Prestige Properties LLC) and David Ginger requesting to convert a two-family (duplex) use to a detached single-family use in a Central Business Service (CB-2) zone at 311 N. Gilbert Street. b. EXC22-0003: An application submitted by Mike Oliveira (Prestige Properties LLC) and David Ginger requesting to convert a two-family (duplex) use to a detached single-family use in a Central Business Service (CB-2) zone at 315 N. Gilbert Street. 4. Consideration of Meeting Minutes: March 9, 2022 5. Adjournment If you need disability-related accommodations in order to participate in this meeting, please contact Kirk Lehmann, Urban Planning at 319-356-5230 or at kirk-lehmann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Board of Adjustment Meetings Formal: May 11 / June 8 / July 13 Informal: Scheduled as needed. April 13, 2022 Board of Adjustment Meeting EXC22-0002 ITEM 3A ON THE AGENDA Staff Report Prepared by Staff 1 STAFF REPORT To: Board of Adjustment Item: EXC22-0002 Parcel Number: 1010163009 Prepared by: Emani Brinkman, Planning Intern and Kirk Lehmann, Associate Planner Date: April 13, 2022 GENERAL INFORMATION: Applicant: Mike Oliveira and David Ginger Prestige Properties V, LLC 329 East Court, Suite 2 Iowa City, Iowa 52240 admin@prestigeprop.com dlginger@belinmccormick.com Contact Person: Mike Oliveira Prestige Properties V, LLC 329 East Court, Suite 2 Iowa City, Iowa 52240 (319) 512-7616, Extension 5 admin@prestigeprop.com Property Owner(s): Prestige Properties V, LLC 329 East Court, Suite 2 Iowa City, Iowa 52240 Requested Action: A special exception allowing conversion of a non-conforming use, located in a structure designed for a use that is prohibited in the zone, to another non-conforming use of a lesser intensity. Purpose: To allow a duplex conversion to revert to a single-family home and rehabilitate the property Location: 311 N. Gilbert Street Location Map: 2 Size: Existing Land Use; Zoning: 3,040 square feet Commercial; Central Business Service (CB-2) Surrounding Land Use; Zoning North: Residential; Central Business Service (CB-2) Applicable Code Sections: File Date: East: Residential & Commercial; Commercial Office (CO-1) South: Commercial; Central Business Service (CB-2) West: Residential; Central Business Service (CB-2) 14-4B-3A: General Approval Criteria 14-4E-5B-2: Special Exception of nonconforming use February 23, 2022 BACKGROUND: The applicant, Michael Oliveira of Prestige Properties, is requesting to convert a two-family use (duplex) back into a detached single-family use at 311 N. Gilbert Street. The property was originally built as a detached single-family home more than 100 years ago but was converted into a duplex in 1977. The duplex currently has a one-bedroom unit on the main floor and a two-bedroom unit on the second floor. Each unit has a rental occupancy of 4 (for a total rental occupancy of 8) based on a review from the early 2000’s when staff used square footage and historical occupancy to determine occupancy for all rental properties with nonconforming parking. The property has 2 conforming parking spaces. The subject property is zoned Central Business Service (CB-2), which does not allow detached single-family or duplex uses. However, a non-conforming use may be granted a special exception to convert to a different nonconforming use of the same or lesser intensity, provided all approval criteria are met. Following the conversion, the applicant desires to transition the second-floor kitchen and living room back into bedrooms, which would increase the number of bedrooms to 5. However, the maximum adult occupancy for the structure would be 3 because the property has 2 conforming parking spaces. The applicant has also requested to use 2 off-site parking spaces to allow an additional 2 adult occupants per Section 14-5A-4F-1 of City Code, which could be approved by the Director of Neighborhood and Development Services. Staff is waiting on documentation to review whether all applicable approval criteria are met. The potential for additional occupancy is a decision independent of the special exception and does not affect staff’s recommendation regarding a conversion from a duplex to a detached single-family use. 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 14-4E-5B-2, pertaining to changes of use for a structure not designed for a use allowed in the zone, 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 are set below. 3 Specific Standards: 14-4E-5B-2: Change of Nonconforming Use: a.The proposed use will be located in a structure that was designed for a use that is currently not allowed in the zone, for example a storefront commercial building located in a single- family residential zone. FINDINGS: •311 N. Gilbert Street was constructed as a detached single-family use more than 100 years ago and was subsequently converted into a duplex use in 1977. •CB-2 zones do not allow two-family (duplex) or detached single-family uses, but the use is legal non-conforming. b.The proposed use is of the same or lesser level of intensity and impact than the existing use. The Board of Adjustment will make a determination regarding the relative intensity of the proposed use by weighing evidence presented by the applicant with regard to such factors as anticipated traffic generation, parking demand, hours of operation, residential occupancy, noise, dust, and customer and/or resident activity. The Board of Adjustment may also consider qualitative factors such as whether a proposed use will serve an identified need in the surrounding neighborhood. FINDINGS: •A detached single-family use (1 dwelling unit) is of a lesser intensity than a duplex use (2 dwelling units). •Currently, the two dwelling units in the duplex have a combined rental occupancy of 8 with 4 occupants in each unit. •With the conversion to single-family, the structure will only be able to have 3 adult occupants due to the property only having 2 parking spaces. •The impact of a single-family use will be of a lesser level than the impact of a duplex use based on the reduction in the legacy rental occupancy. •Once the duplex is converted to a detached single-family use, it may not be converted back to the prior nonconforming use. c.The proposed use is suitable for the subject structure and site. FINDINGS: •The structure was originally constructed as a detached single-family use and was converted into a duplex in 1977. •Returning the duplex to a detached single-family use is appropriate for the structure and site. d.The structure will not be structurally altered or enlarged in such a way as to enlarge the nonconforming use. Ordinary repair and maintenance and installation or relocation of walls, partitions, fixtures, wiring, and plumbing is allowed, as long as the use is not enlarged. FINDINGS: •No physical changes will be made to the exterior of the house as part of the conversion from a duplex to a detached single-family use. 4 • Upon approval of a special exception, the applicant has proposed changes to the interior of the house, including converting the second-floor kitchen and living room back into bedrooms and removing the permanent separation between dwelling units. • Staff recommends that the conversion of the second-floor kitchen into a legal bedroom and removal of the permanent barrier between units be conditions of approval. • An increase in the number of bedrooms in a dwelling unit is considered an enlargement which is typically not allowed for non-conforming uses. However, a non-conforming single-family use may be enlarged provided such expansion does not increase or extend any other nonconforming situation on the property. Consequently, occupancy could subsequently increase if the Board of Adjustment approves the conversion. General Standards: 14-4B-3A: 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 property is already a nonconforming use in a commercial zone and will be converted into another, less intensive nonconforming use. • There will be no physical changes to the exterior of the structure. • Currently, the two dwelling units in the duplex have a combined rental occupancy of 8 with 4 occupants in each unit. • With the conversion to single-family, the structure will be restricted to 3 adult occupants due to the property only having 2 off-street parking spaces. 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 conversion of the property from a duplex to a detached single -family is changing the property back to its original use. • The area is a mix of residential and commercial uses, including single-family homes, so property values for surrounding properties should not be affected. 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 area is already fully developed with a mix of residential and commercial uses, including established businesses in the Northside Marketplace. • There will be no physical changes to the exterior of the structure. • The property complies with setbacks in the CB-2 zone. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: 5 • 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 N. Gilbert Street to the east. • Vehicular access to parking is shared with the adjacent property to the north (315 N. Gilbert Street). Access will not change due to the proposed exception. • There will be no physical changes to the exterior of the structure, so there will be no impacts to stormwater runoff. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • No changes are being proposed to the existing driveway, sidewalk, or street. • The property has 2 conforming parking spaces but must continue to share access with 315 N. Gilbert Street to ensure access to said parking • Anticipated traffic will be similar to other single-family uses in Iowa City. 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 property meets all dimensional requirements for the CB-2 zone and all single- family site development standards, including open space requirements. • To ensure adequate access for the subject property’s two parking spaces, the subject property must continue to share access with 315 N. Gilbert Street. • Because the property would convert to a single-family use with two parking spaces, the maximum occupancy of the property would be restricted to 3 adult occupants. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • This property is shown as Mixed Use on the Comprehensive Plan Future Land Use Map and as Urban Commercial in the Central District Plan Future Land Use Map. • The zoning of the property is consistent with these future land use categories and will not change due to the proposed exception. • A nonconforming use in a structure not designed for a use allowed in the zone may be converted to a different, less intense nonconforming use. • The Central District Plan has a goal to “maintain and improve the older housing stock” and encourages “reinvestment in residential properties throughout the district”. • Returning a duplex conversion back into a single-family home better reflects the original use of the property until such time as the property is redeveloped. STAFF RECOMMENDATION: Staff recommends approval of EXC22-0002, to convert a two-family (duplex) use to a detached single-family use for the property at 311 N. Gilbert Street subject to the following conditions: 6 1. The physical, permanent separation between dwelling units within the duplex must be removed prior to the issuance of a certificate of occupancy. 2. The kitchen on the second floor must be converted to a legal bedroom prior to issuance of a rental permit. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Correspondence 4. Application Materials Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services April 13, 2022 Board of Adjustment Meeting EXC22-0002 ATTACHMENT 1 Location Map Prepared by Staff E BLOOMINGTON STN LINN STN GILBERT STEXC22-0002311 N. Gilbert Streetµ 0 0.01 0.020.005 Miles Prepared By: Emani BrinkmanDate Prepared: February 2022 An application submitted by Prestige Properties LLC for a special exception to convert a duplex to a single-family home for 3,040 square feet of property located at 311 N. Gilbert Street. April 13, 2022 Board of Adjustment Meeting EXC22-0002 ATTACHMENT 2 Zoning Map Prepared by Staff E BLOOMINGTON STN LINN STN GILBERT STRNS12 CO1 CB2 EXC22-0002311 N. Gilbert Streetµ 0 0.01 0.020.005 Miles Prepared By: Emani BrinkmanDate Prepared: February 2022 An application submitted by Prestige Properties LLC for a special exception to convert a duplex to a single-family home for 3,040 square feet of property located at 311 N. Gilbert Street. April 13, 2022 Board of Adjustment Meeting EXC22-0002 ATTACHMENT 3 Correspondence Submitted by the Identified Party Prestige Properties, LLC, 329 E Court St, Suite 2, Iowa City, IA 52240 319-512-7616 www.prestigeprop.com March 31, 2022 Kirk Lehmann City of Iowa City Neighborhood & Development Services RE: EXC22-0002 Kirk, This is in response to the comments and questions posed in the letter dated 03 -11-22 in regard to our application for Special Exception for the properties at 311 & 315 N. Gilbert Street, Iowa City, IA 52245. 1. The additional details requested are on the updated site plan. (Uploaded as 311-315 Site Plan 032922). 2. Interior dimensions of the garage are: a. Interior dimension of each garage stall are: 18’ x 9.9’ b. Garage doors are: 8’x7’ 3. Prestige is able to provide additional off-site parking in compliance with 14-5A-4F Alternatives To Minimum Parking Requirements. (Uploaded map as Additional Off -site Parking within 300 ft). 311 proposed occupancy required parking spaces – 4 315 proposed occupancy required parking spaces – 4 412 occupancy requires 5 Available parking 311 – 2 spaces 315 – 2 spaces 412 14 total spaces, with 9 available for use by 311, 315 as offsite parking within 300 ft. of dwelling entrance. Prestige Properties, LLC, 329 E Court St, Suite 2, Iowa City, IA 52240 319-512-7616 www.prestigeprop.com 4. Please see the uploaded files for both 311 & 315 floor plan and statistics. It is shown that the proposed changes and layout still meet the requirement. a. 311 Gilbert St Total Square footage: 1584.73 Bedrooms: 546.17 b. 315 Gilbert St Total Square footage: 1410.54 Bedrooms: 453.2 5. Prestige Properties understands that one converted to single-family, it may not be converted back to a the prior nonconforming use. 6. Prestige Properties intends to remove the permanent separation and 2nd kitchen upon approval of the Special Exception to return these properties to their Single Family use. Thank you for your consideration. Sincerely, Laura Hanson Operations Coordinator Prestige Properties, LLC 319-512-7616 x7 lhanson@prestigeprop.com March 21, 2022 RE: Special Exception for 311 N. Gilbert Street Dear Property Owner: The Iowa City Board of Adjustment has received an application submitted by Prestige Properties LLC requesting a special exception to convert a duplex to single-family home located at 311 N. Gilbert Street (see attached map). As a neighboring property owner, you are being notified of this application. If you know of any interested party who has not received a copy of this letter, we would appreciate it if you would inform them of the pending application. The Board of Adjustment will review this application at a public meeting tentatively scheduled for April 13, 2022 at 5:15 pm in Emma Harvat Hall, City Hall, 410 East Washington Street, Iowa City. Because the meeting is subject to change, you may wish to call 319-356-5230 or check the City of Iowa City’s website, www.icgov.org/BOA, the week of the meeting to confirm the meeting agenda. You are welcome to attend this public meeting to present your views concerning this application. You may also submit written information to me for consideration in advance of the meeting, and I will include your comments in the information to be considered by the Board. Please do not hesitate to contact me at kirk-lehmann@iowa-city.org or 319-356-5230 if you have any questions or comments about this application or if you would like more information on the Board of Adjustment review process. Sincerely, Kirk Lehmann Associate Planner City of Iowa City Department of Neighborhood and Development Services What is the Board of Adjustment? The Board of Adjustment is panel made up of Iowa City citizens appointed by the City Council. The board reviews and grants special exceptions and variances and also considers appeals when there is a disagreement about an administrative zoning decision made by the City. Members of the board act like judges, making decisions about individual properties and uses that may have difficulty meeting a specific zoning regulation or to resolve disputes about administrative zoning decisions. The actions and decisions of the Board of Adjustment are binding upon all parties unless overturned upon appeal to District Court. What is a special exception? There are two types of special exceptions. 1. Within the zoning code a number of land uses are set apart as special exceptions that may be permitted in certain zones. Rather than permitting these uses outright, each is reviewed on a case-by-case basis to ensure that they do not negatively affect surrounding properties. For example, daycare centers are permitted in residential zones by special exception. The same is true of churches and private schools. All may be appropriate uses in residential zones, if certain criteria such as parking, screening, and other requirements are met. 2. Adjustments to specific zoning requirements in cases where there are unique circumstances. Again, the opportunity to adjust these requirements and the criteria for allowing such adjustments are described in the Zoning Code. For example, a homeowner may apply for a reduction in a building setback in order to accommodate an addition or other improvement to their property. The Zoning Code lists explicitly each use and standard for which a special exception may be considered. In other words, you can’t request a special exception for everything—only those things called out as special exceptions in the Code. The Code also provides criteria specific to each request. Applicants must provide evidence that they satisfy each of these criteria, and the Board must consider these criteria when making a determination as to whether to grant a special exception. What is a variance? A variance grants a legal right to an owner to develop property in a manner that deviates from a specific provision of the Zoning Code and for which a special exception is not expressly allowed. In seeking relief from the restrictions in the Zoning Code, the property owner applying for the variance must show that the strict application of the Zoning Code would cause and unnecessary hardship such that the property in question is unusable or that a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the zoning district. In addition the circumstances that create this hardship must be unique to the property in question and must not be of the property owner’s own making. What is an appeal? The Board considers and rules on appeals from any citizen who believes there is an error in any decision, determination, or interpretation made by the City or its designee in the administration of the Zoning Code. As with their other decisions, the Board’s ruling is binding on all parties unless overturned on appeal to the District Court. How does the review process work? An application requesting a special exception, variance, or an appeal is a request. The Board makes a decision on whether to grant a specific request only after City staff have provided a review of an application and the public has had an opportunity to make its concerns known. The Board not only has the right to approve or deny requests, but may also choose to approve request subject to certain conditions. In making decisions, the Board may only consider comments and evidence relevant to the specific standards provided in the code. City Development Staff provide reports to the Board for each application on the agenda. The Staff Report provides background information on the application, informs the Board of all the criteria in the Code that a particular application must satisfy, and interprets whether and how an application has satisfied these criteria. How can I participate in the process? Because most applications will be reviewed and decided upon at a single public hearing, it is important for interested parties to respond in a timely and informed manner. Those who wish to speak for or against an application are given an opportunity to be heard by the Board at the hearing, but may also submit written comments prior to the meeting. Written comments must be delivered to the Department of Neighborhood & Development Services at City Hall no later than 5 days before the hearing in order to be included with the Staff Report. All correspondence submitted after that time will be delivered to the Board at the time of the hearing. The Board considers the application, the recommendation of staff (in the staff report) and any additional information, correspondence, or testimony provided at the hearing. Board of Adjustment hearings are usually held on the second Wednesday of each month at 5:15 p.m. in Emma J. Harvat Hall in City Hall. You can find more information at the following website: www.icgov.org/boa. The Staff Report can be very useful to anyone who is unfamiliar with the BOA process or with the Zoning Code and will provide an understanding of the criteria that the Board must consider in rendering its decision. Staff Reports may be obtained from the Department of Neighborhood & Development Services. E-mail kirk-lehmann@iowa- city.org to request a copy of a report. If you have questions about an application or if you simply want more information about issues related to the Board of Adjustment, please feel free to contact Kirk Lehmann at 319-356- 5230 or e-mail kirk-lehmann@iowa- city.org. To submit comments to the Board of Adjustment write to the Board of Adjustment c/o the Department of Neighborhood & Development Services, 410 E. Washington St., Iowa City IA 52240 or e-mail kirk-lehmann@iowa- city.org. Board of Adjustment: Frequently Asked Questions E BLOOMINGTON STN LINN STN GILBERT STEXC22-0002311 N. Gilbert Streetµ 0 0.01 0.020.005 Miles Prepared By: Emani BrinkmanDate Prepared: February 2022 An application submitted by Prestige Properties LLC for a special exception to convert a duplex to a single-family home for 3,040 square feet of property located at 311 N. Gilbert Street. Parcel Number Mailing Name Mailing Address2 Mailing Address3 Mailing Zip Code Add Type 1010302001 Resident 209 N LINN ST IOWA CITY, IA 52245 311 N Gilbert Occupant 1010294001 Resident 211 N LINN ST UNIT 201 IOWA CITY, IA 52245 311 N Gilbert Occupant 1010294002 Resident 211 N LINN ST UNIT 202 IOWA CITY, IA 52245 311 N Gilbert Occupant 1010294004 Resident 211 N LINN ST UNIT 301 IOWA CITY, IA 52245 311 N Gilbert Occupant 1010294003 Resident 213 N LINN ST IOWA CITY, IA 52245 311 N Gilbert Occupant 1010302001 BLUE DOG HOLDINGS LLC 309 WINDSOR DR IOWA CITY, IA 52245 311 N Gilbert Owner Parcel Number Mailing Name Mailing Address1 Mailing Address2 Mailing Address3 Mailing Zip Code Add Type 1010295007 JEFFREY ALLAN SMITH 111 SW HARRISON ST UNIT 11B PORTLAND, OR 97201 Both Owner 1010161014 STEVE V NASH 1113 PRAIRIE GRASS LN IOWA CITY, IA 52246 Both Owner 1010295008 JERRY & WENDY J & KAYLEA NORMA 1207 SURREY CIR WYLIE, TX 75098 Both Owner 1010318010 MILES A PUFALL 121 RICHARDS ST IOWA CITY, IA 52246 Both Owner 1010163010 MALNICK LLC 1238 PHEASANT VALLEY ST IOWA CITY, IA 52246 Both Owner 1010283001 KD PROPERTIES LLC 125 BICKFORD DR WEST BRANCH, IA 52358 Both Owner 1010318015 WILLIAM R NUSSER 13 BRIAR RIDGE DR NE IOWA CITY, IA 52240 Both Owner Multiple 202 LINN LLC 13 BRIAR RIDGE DR NE IOWA CITY, IA 52240 Both Owner 1010164004 SMITH-RUST PROPERTIES LLP 1317 ROCHESTER AVE IOWA CITY, IA 52245 Both Owner 1010162010 JULIA ELLA LEUPOLD REVOCABLE T 13515 253RD AVE SPIRIT LAKE, IA 51360 Both Owner 1010295001 JOHN COUDRAY 1393 FOOTHILL RD OJAI, CA 93023 Both Owner Multiple WALTER J & JANE A KOPSA 1514 CHURCHILL PL IOWA CITY, IA 52240 Both Owner 1010163005 JOEL D & MELISSA C SCHINTLER 155 COLUMBIA DR IOWA CITY, IA 52245 Both Owner 1010285005 DOBRIAN 160 SOUTHGATE AVE STE D IOWA CITY, IA 52240 Both Owner 1010157012 JAMES B & BECKY J BUXTON 1811 MUSCATINE AVE IOWA CITY, IA 52240 Both Owner 1010283003 H & G 1849 BROWN DEER RD CORALVILLE, IA 52241 Both Owner 1010157013 LAKE & LAKE LC 1912 FLATIRON AVE IOWA CITY, IA 52240 Both Owner 1010318009 SUSAN L BECKETT 202 N LINN ST #302 IOWA CITY, IA 52245 Both Owner 1010318016 DIGITAL VENTURES LLC 202 N LINN ST #502 IOWA CITY, IA 52245 Both Owner 1010318001 Resident 202 N LINN ST UNIT 101 IOWA CITY, IA 52245 Both Occupant 1010318002 Resident 202 N LINN ST UNIT 102 IOWA CITY, IA 52245 Both Occupant 1010318003 Resident 202 N LINN ST UNIT 201 IOWA CITY, IA 52245 Both Occupant 1010318004 Resident 202 N LINN ST UNIT 202 IOWA CITY, IA 52245 Both Occupant 1010318005 Resident 202 N LINN ST UNIT 203 IOWA CITY, IA 52245 Both Occupant 1010318006 Resident 202 N LINN ST UNIT 204 IOWA CITY, IA 52245 Both Occupant 1010318007 Resident 202 N LINN ST UNIT 205 IOWA CITY, IA 52245 Both Occupant 1010318008 Resident 202 N LINN ST UNIT 301 IOWA CITY, IA 52245 Both Occupant 1010318010 Resident 202 N LINN ST UNIT 304 IOWA CITY, IA 52245 Both Occupant 1010318011 Resident 202 N LINN ST UNIT 305 IOWA CITY, IA 52245 Both Occupant 1010318012 Resident 202 N LINN ST UNIT 401 IOWA CITY, IA 52245 Both Occupant 1010318013 Resident 202 N LINN ST UNIT 402 IOWA CITY, IA 52245 Both Occupant 1010318014 Resident 202 N LINN ST UNIT 403 IOWA CITY, IA 52245 Both Occupant 1010318015 Resident 202 N LINN ST UNIT 501 IOWA CITY, IA 52245 Both Occupant 1010283008 KATHERINE JOHNSON 203 W 20TH ST #4W NEW YORK, NY 10011 Both Owner 1010427004 Resident 204 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010301003 206 ENTERPRISE LLC 206 N LINN ST IOWA CITY, IA 52240 Both Owner 1010289004 Resident 208 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010427003 Resident 210 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010289003 Resident 210 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010284006 GARY W SKARDA 2107 SLAGLE CIR IOWA CITY, IA 52246 Both Owner 1010165005 Resident 214 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010289002 MICHAEL TZAI-TAO LEE 214 N LINN ST IOWA CITY, IA 52245 Both Owner 1010295013 NORTHSIDE COMMONS LC 215 N LINN ST IOWA CITY, IA 52245 Both Owner 1010285015 Resident 216 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010285005 Resident 217 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010288005 Resident 219 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010164003 DENDRYS LLC 219 N GILBERT ST IOWA CITY, IA 52245 Both Owner 1010296004 Resident 219 N LINN ST UNIT M IOWA CITY, IA 52245 Both Occupant 1010296001 Resident 219 N LINN ST UNIT R-1 IOWA CITY, IA 52245 Both Occupant 1010296002 Resident 219 N LINN ST UNIT R-2 IOWA CITY, IA 52245 Both Occupant 1010296003 Resident 219 N LINN ST UNIT R-3 IOWA CITY, IA 52245 Both Occupant 1010285016 Resident 220 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant Multiple DRAGONFLY PROPERTIES II LLC 220 LAFAYETTE ST STE 160 IOWA CITY, IA 52240 Both Owner 1010163004 JEAN ANN DATERS 2200 FLINTSHIRE VIEW CORALVILLE, IA 52241 Both Owner 1010285017 Resident 222 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010282015 Resident 222 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010288019 Resident 223 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010285004 Resident 223 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant Multiple JOSEPHINE GITTLER 225 E DAVENPORT ST IOWA CITY, IA 52245 Both Owner 1010164002 Resident 225 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010285020 Resident 228 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010161015 MSL JCL, LC 228 WOOLF AVE IOWA CITY, IA 52246 Both Owner Multiple PUBLIC SPACE ONE INC 229 N GILBERT ST IOWA CITY, IA 52245 Both Owner 1010165006 Resident 230 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010295001 Resident 231 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010295002 MIN PARK & SUN JOE LEE 235 N LINN ST IOWA CITY, IA 52245 Both Owner 1010295003 GRAEME & TRACEY PITCHER 239 N LINN ST IOWA CITY, IA 52245 Both Owner 1010295012 MATTHEW L & TARA S MEREDITH 2402 NE BELLAGIO CT ANKENY, IA 50021 Both Owner 1010295004 BRETT M SOBASKI 243 N LINN ST IOWA CITY, IA 52245 Both Owner 1010295005 SAVANTHA H THENUWARA 247 N LINN ST IOWA CITY, IA 52245 Both Owner 1010295006 BOWEN RUAN 251 N LINN ST IOWA CITY, IA 52245 Both Owner 1010295007 Resident 255 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010295008 Resident 259 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010295009 ROBERT, ELISE, & MEGAN GERDES 263 N LINN ST IOWA CITY, IA 52245 Both Owner 1010301001 MIKE & MELISSA N KARR 2645 PRINCETON RD IOWA CITY, IA 52245 Both Owner 1010295010 STEVEN P BOUFFARD JR 267 N LINN ST IOWA CITY, IA 52245 Both Owner 1010295011 MARK R & JENNIFER C EASLER 271 N LINN ST IOWA CITY, IA 52245 Both Owner Multiple CLARENCE & JULIE LEICHTY 2710 500TH ST SW KALONA, IA 52247 Both Owner 1010295012 Resident 275 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010295013 Resident 281 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010284006 Resident 302 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010283005 ARTHUR K & SHARI SWEETING 3020 130TH ST RIVERSIDE, IA 52327 Both Owner 1010283006 Resident 304 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010163010 Resident 305 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010283007 Resident 308 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010283001 Resident 309 FAIRCHILD ST IOWA CITY, IA 52245 Both Occupant 1010285015 DENNIS LEE NOWOTNY 309 N SUNSET BEACH DR MANISTIQUE, MI 49854 Both Owner 1010162011 Resident 310 N GILBERT ST IOWA CITY, IA 52245 Both Occupant Multiple DWIGHT A DOBBERSTEIN 311 E DAVENPORT ST IOWA CITY, IA 52245 Both Owner 1010156005 SUSAN K FUTRELL 311 FAIRCHILD ST IOWA CITY, IA 52245 Both Owner 1010163009 Resident 311 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010285019 I C MONTHLY MTNG OF FRIENDS 311 N LINN ST IOWA CITY, IA 52240 Both Owner 1010283008 Resident 312 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010301001 Resident 312 E MARKET ST IOWA CITY, IA 52245 Both Occupant 1010285018 Resident 313 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010156006 HUBERT L RUMMELHART 314 E DAVENPORT ST IOWA CITY, IA 52245 Both Owner 1010161014 Resident 314 N VAN BUREN ST IOWA CITY, IA 52245 Both Occupant 1010163005 Resident 315 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010163008 Resident 315 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010162016 JASON D VARDAMAN 315 N VAN BUREN ST IOWA CITY, IA 52245 Both Owner 1010289001 Resident 317 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant Multiple IDA SANTANA & PETER SPELTZ 317 FAIRCHILD ST IOWA CITY, IA 52245 Both Owner 1010163006 Resident 318 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010162010 Resident 318 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010284005 Resident 318 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010164004 Resident 319 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010163004 Resident 319 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010285003 Resident 319 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010162004 Resident 319 N VAN BUREN ST IOWA CITY, IA 52245 Both Occupant 1010156007 Resident 320 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant Multiple G FAM PROPERTIES LLC PO BOX 2150 321 E MARKET ST IOWA CITY, IA 52244-2150 Both Owner 1010163007 Resident 322 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010284004 SCOTT A PALMBERG 322 N LINN ST IOWA CITY, IA 52245 Both Owner 1010161006 Resident 322 N VAN BUREN ST IOWA CITY, IA 52245 Both Occupant 1010285002 Resident 323 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010162003 Resident 323 N VAN BUREN ST IOWA CITY, IA 52245 Both Occupant 1010156008 Resident 324 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010162009 Resident 324 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010163002 Resident 325 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010284003 Resident 326 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010318008 DANIEL E & CATHERINE P MONINGE 3278 PRIVATEER CREEK RD SEABROOK ISLAND, SC 29455 Both Owner 1010284002 Resident 328 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010282016 RMB INVS LLC 3286 HWY 1 SW IOWA CITY, IA 52240 Both Owner Multiple PRESTIGE PROPERTIES IV LLC 329 E COURT ST SUITE 2 IOWA CITY, IA 52240 Both Owner 1010163011 MICHAEL N OLIVEIRA 329 E COURT ST STE 2 IOWA CITY, IA 52240 Both Owner 1010428001 Resident 330 E MARKET ST IOWA CITY, IA 52245 Both Occupant 1010162008 Resident 330 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010163011 Resident 331 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010162001 Resident 331 N VAN BUREN ST IOWA CITY, IA 52245 Both Occupant 1010156011 MARY JANE CLAASSEN 332 E DAVENPORT ST IOWA CITY, IA 52245 Both Owner 1010161005 Resident 332 N VAN BUREN ST IOWA CITY, IA 52245 Both Occupant 1010282017 403-405 N LINN STREET INC 332 S LINN ST STE 8 IOWA CITY, IA 52240 Both Owner 1010283006 304 E DAVENPORT STREET INC 332 S LINN ST STE 8 IOWA CITY, IA 52240 Both Owner Multiple MARY ELLEN CHUDACEK 34 BEDFORD CT IOWA CITY, IA 52240 Both Owner 1010157012 Resident 402 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010427005 Resident 402 E MARKET ST IOWA CITY, IA 52245 Both Occupant 1010282017 Resident 403 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010162012 Resident 404 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010157013 Resident 404 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010156010 ALAN DENBLEYKER 407 BROWN ST IOWA CITY, IA 52245 Both Owner 1010156010 Resident 409 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010427002 Resident 410 E MARKET ST IOWA CITY, IA 52245 Both Occupant 1010162007 Resident 411 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010157006 MICHAEL J LENSING 411 FAIRCHILD ST IOWA CITY, IA 52245 Both Owner 1010282016 Resident 411 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010162013 Resident 412 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010283005 Resident 412 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010156009 Resident 413 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010157014 Resident 414 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010163007 322 E BLOOMINGTON LC 414 E MARKET ST IOWA CITY, 52245 Both Owner 1010427001 Resident 414 E MARKET ST IOWA CITY, IA 52245 Both Occupant 1010157011 Resident 414 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010162006 SHAWN F COLBERT 415 E DAVENPORT ST IOWA CITY, IA 52245 Both Owner 1010283004 MADELINE A SHEA 416 N LINN ST IOWA CITY, IA 52245 Both Owner 1010157010 RALPH J SAVARESE 418 N GILBERT ST IOWA CITY, IA 52245 Both Owner Multiple THOMAS R SCOTT 419 E FAIRCHILD ST IOWA CITY, IA 52245 Both Owner 1010156002 MICHAEL R HUBER 419 N GILBERT ST IOWA CITY, IA 52245 Both Owner 1010157015 Resident 420 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010157009 Resident 420 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010283003 Resident 420 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010162005 Resident 421 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010162014 Resident 424 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010157016 Resident 424 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010162002 DAVID MOORE 425 E DAVENPORT ST IOWA CITY, IA 52240 Both Owner 1010162015 Resident 430 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010157018 ADAM DREYFUSS GALLUZZO 430 E DAVENPORT ST IOWA CITY, IA 52245 Both Owner Multiple ANDREW J & LINDSEY R LITTON 430 PARK RD IOWA CITY, IA 52246 Both Owner 1010162017 Resident 432 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010162011 DON C & DOROTHY L FOWLES 4655 RUNNING DEER WOODS NE IOWA CITY, IA 52240 Both Owner Multiple BLOOMINGTON STREET PROPERTIES 5 KIMBALL RD IOWA CITY, IA 52245 Both Owner Multiple MERCY HOSPITAL 500 E MARKET ST IOWA CITY, IA 52245 Both Owner 1010161015 Resident 504 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010163006 OLIN L & FLORAINE LLOYD 5271 SIOUX AVE SE IOWA CITY, IA 52240 Both Owner 1010289001 ARMOND & LORYNE L PAGLIAI 6 GILMORE CT IOWA CITY, IA 52246 Both Owner 1010157016 ELISABETH JEWELL 607 E WASHINGTON ST MOUNT PLEASANT, IA 52641 Both Owner Multiple MICHAEL T & KELLY A MCLAUGHLIN 614 PINE RIDGE RD CORALVILLE, IA 52241 Both Owner 1010157015 JAMES C SHAW 718 KIMBALL AVE IOWA CITY, IA 52245 Both Owner 1010282015 MR JOHN NELSON 747 OAKLAND AVE IOWA CITY, IA 52240 Both Owner 1010157011 JAMES J THIBODEAU 825 N GILBERT ST IOWA CITY, IA 52245 Both Owner 1010428001 JOAN R GILPIN 852 LONGFELLOW CT IOWA CITY, IA 52240 Both Owner 1010161005 RICHARD E MASON 953 WEEBER ST IOWA CITY, IA 52246 Both Owner 1010285004 WILLIAM L & DONNA M LAUNSPACH PO BOX 1306 IOWA CITY, IA 52244 Both Owner Multiple TSB HOLDINGS LLC PO BOX 1490 IOWA CITY, IA 52244-1490 Both Owner 1010285018 MICHAEL T & KELLEY A MCLAUGHLI PO BOX 2837 IOWA CITY, IA 52244-2837 Both Owner 1010427001 OFFICE 414 LLC PO BOX 3047 IOWA CITY, IA 52244-3047 Both Owner 1010427002 ZJ-7 LLC PO BOX 3047 IOWA CITY, IA 52244-3047 Both Owner 1010161006 M322 LLC PO BOX 3049 IOWA CITY, IA 52244-3049 Both Owner Multiple ALLEN RENTALS LLC PO BOX 3474 IOWA CITY, IA 52244-3474 Both Owner 1010285016 JONATHAN W MCPHERON PO BOX 706 IOWA CITY, IA 52244-0706 Both Owner April 13, 2022 Board of Adjustment Meeting EXC22-0002 ATTACHMENT 4 Special Exception Application Submitted by the Applicant Project Description: Conversion from duplex to single family home. February 14, 2022 Building Official Housing and Inspection Services Department 410 East Washington Street Iowa City, Iowa 52240-1826 Re: SPECIAL EXCEPTION APPLICATION Prestige Properties V, LLC hereby requests a Special Exception to convert a non-conforming two-family (duplex) use in a CB-2 District to a non-conforming single-family use for 311 N. Gilbert Street and in support of its request hereby provides the following information: 1. Site Address: 311 N. Gilbert Street Legal Description: The south 38 feet of the north 75 feet of Lot 8, in Block 57 in Original Town of Iowa City 2. Applicant: Prestige Properties V, LLC Attention: Michael Oliveira 329 East Court, Suite 2 Iowa City, Iowa 52240 (319) 512-7616, Extension 5 3. Special Exception Requested Convert two-family (duplex) use in CB-2 District to single-family use pursuant to Iowa City Municipal Code Sections (14-4E-5B-2) and (14-4B-3A) 4. Background Information Patricia Ann Fisher purchased the house from Helen and James Netoblicky on June 14th, 1976. The single-family house was converted after this sale to a duplex with a tenant living on the first level, and a tenant living on the second level. It appears that this upper floor dwelling unit consisted of a kitchen area that had formerly been a bedroom, bathroom and two bedrooms. The city rental permit records it as being a two-bedroom unit on upper floor and 1 bedroom unit on the lower floor. The building is currently licensed as a rental duplex unit. Each unit has an occupancy of 4 per unit. (Exhibit D) Prestige Properties V, LLC acquired this house from the Estate of Patricia Ann Fisher in February 2022. It desires to restore the house to its original format as a single family house. This work will not require any modifications to the exterior walls or height of the house but will involve restoring all bedrooms on the second level to their use as bedrooms without changing any internal walls for a total of five (5) bedrooms throughout the entire house. This work will not require any changes to the exterior of the property. 5. Special Exception Special Criteria a. The proposed use will be located in a structure that was designed for a use that is currently not allowed in the zone. The proposed use meets this requirement. The house was originally designed for a single-family use and subsequently converted to a two- family (duplex) use. Neither a single-family use or two-family (duplex) use is allowed in the CB-2 District. b. The proposed use is of the same or lesser level of intensity and impact than the existing use. The proposed use meets this requirement. A single-family use is generally considered to have a lesser level of intensity and impact than a two-family (duplex) use. c. The proposed use is suitable for the subject structure and site. The proposed use meets this requirement. The house was originally designed for a single-family use, and the proposed use is to convert back to the use for which the house was originally designed. d. The structure will not be structurally altered or enlarged in such a way as to enlarge the nonconforming use. The proposed use meets this requirement. There will be no physical changes to the exterior of the house. Although there will be an addition of one (1) bedroom, this will not enlarge the nonconforming use because we are removing a kitchen and restoring it to its original intended use as a bedroom. 6. Special Exception General Criteria a. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The proposed exception meets this requirement. There will be no physical changes to the exterior of the house, and, as the special exception would be to permit a use with a lesser level of intensity and impact, there will not be any detriment or danger to the public health, safety, comfort or general welfare. b. 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. The proposed exception meets this requirement. There will be no physical changes to the exterior of the house. As such, there will not be any noticeable change that injures the use and enjoyment of other property or diminishes or impairs property values in the neighborhood. c. 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 proposed exception meets this requirement. There will be no physical changes to the exterior of the house. As such, there will not be any noticeable change that impedes the normal and orderly development and improvement of the surrounding property. d. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The proposed exception meets this requirement. The existing utilities, access roads, drainage and facilities are sufficient to support the proposed use. e. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The proposed exception meets this requirement. The existing ingress and egress are sufficient to support the proposed use. f. 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. The applicant is unaware of any other regulation or standard within the zone that would make the proposed use be out of compliance. g. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. The proposed exception meets this requirement. The proposed exception is to change a non-conforming use to a different non-conforming use within the same use category (i.e. both the current use and proposed use are within the Household Living Use Category), so there will be no change to consistency with the Comprehensive Plan. Further, the applicant’s intended future use of the property is to use for commercial purposes consistent with the CB-2 District, and the applicant merely desires to use the property for single-family use until such time as the appropriate commercial development project is discovered. 7. Additional Information The site plan has been attached as Exhibit A. The neighboring property list has been attached as Exhibit B. A house photo has been attached as Exhibit C. and the rental license for the property has been attached as Exhibit D. Respectfully submitted, Prestige Properties V, LLC Michael Oliveira, Manager Property Address Owner Mailing Address City State Zip Parcel 225 N GILBERT ST PUBLIC SPACE ONE, INC 229 N GILBERT ST IOWA CITY IA 52245 1010164002 322 N LINN ST PALMBERG, SCOTT A 322 N LINN ST IOWA CITY IA 52245 1010284004 318 N GILBERT ST JULIA ELLA LEUPOLD REVOCABLE TRUST 13515 253RD AVE SPIRIT LAKE IA 51360 1010162010 305 N GILBERT ST MALNICK LLC 1238 PHESANT VALLEY ST IOWA CITY IA 52246 1010163010 230 N GILBERT ST MERCY HOSPITAL 500 E MARKET ST IOWA CITY IA 52245 1010165006 229 N GILBERT ST PUBLIC SPACE ONE, INC 229 N GILBERT ST IOWA CITY IA 52245 1010164001 319 E BLOOMINGTON ST SMITH-RUST PROPERTIES L L P 1317 ROCHESTER AVE IOWA CITY IA 52245 1010164004 219 N GILBERT ST DENDRYS LLC 219 N GILBERT ST IOWA CITY IA 52245 1010164003 421 E DAVENPORT ST MCLAUGHLIN, MICHAEL T 614 PINE RIDGE RD CORALVILLE IA 52241 1010162005 415 E DAVENPORT ST COLBERT, SHAWN F 415 E DAVENPORT ST IOWA CITY IA 52245 1010162006 411 E DAVENPORT ST PRESTIGE PROPERTIES V, LLC 329 E COURT ST, SUITE #2 IOWA CITY IA 52240 1010162007 330 N GILBERT ST PRESTIGE PROPERTIES IV LLC 329 E COURT ST, SUITE #2 IOWA CITY IA 52240 1010162008 331 N GILBERT ST OLIVEIRA, MICHAEL N 329 E COURT ST, SUITE #2 IOWA CITY IA 52240 1010163001 321 E DAVENPORT ST PRESTIGE PROPERTIES DEV LLC 329 E COURT ST, SUITE #2 IOWA CITY IA 52240 1010163003 319 E DAVENPORT ST JEAN ANN DATERS TRUSTEE OF JEAN ANN DATERS INTER VIVOS TRUST 2200 FLINTSHIRE VIEW CORALVILLE IA 52241 1010163004 328 N LINN ST DOBBERSTEIN, DWIGHT A 311 E DAVENPORT ST IOWA CITY IA 52245 1010284002 324 N GILBERT ST PRESTIGE PROPERTIES IV LLC 329 E COURT ST, SUITE #2 IOWA CITY IA 52240 1010162009 325 N GILBERT ST DRAGONFLY PROPERTIES II LLC 220 LAFAYETTE ST, SUITE 160 IOWA CITY IA 52240 1010163002 326 N LINN ST DOBBERSTEIN, DWIGHT 311 E DAVENPORT ST IOWA CITY IA 52245 1010284003 318 N LINN ST DOBBERSTEIN, DWIGHT A 311 E DAVENPORT ST IOWA CITY IA 52245 1010284005 430 E BLOOMINGTON ST BLOOMINGTON STREET PROPERTIES, LLC 5 KIMBALL RD IOWA CITY IA 52245 1010162015 424 E BLOOMINGTON ST BLOOMINGTON STREET PROPERTIES, LLC 5 KIMBALL RD IOWA CITY IA 52245 1010162014 412 E BLOOMINGTON ST PRESTIGE PROPERTIES IV LLC 329 E COURT ST, SUITE #2 IOWA CITY IA 52240 1010162013 310 N GILBERT ST FOWLES, DON C 4655 RUNNING DEER WOODS NE IOWA CITY IA 52240 1010162011 315 N GILBERT ST PRESTIGE PROPERTIES V, LLC 329 E COURT ST, SUITE #2 IOWA CITY IA 52240 1010163008 322 E BLOOMINGTON ST 322 E BLOOMINGTON, LC 414 E MARKET ST IOWA CITY IA 52245 1010163007 318 E BLOOMINGTON ST LLOYD, OLIN L 5271 SIOUX SVE SE IOWA CITY IA 52240 1010163006 302 E BLOOMINGTON ST SKARDA, GARY W 2107 SLAGLE CIR IOWA CITY IA 52246 1010284006 404 E BLOOMINGTON ST PRESTIGE PROPERTIES IV, LLC 329 E COURT ST, SUITE #2 IOWA CITY IA 52240 1010162012 324 E DAVENPORT ST KOPSA, WALTER J 1514 CHURCHILL PL IOWA CITY IA 52240 1010156008 320 E DAVENPORT ST KOPSA, WALTER J 1514 CHURCHILL PL IOWA CITY IA 52240 1010156007 314 E DAVENPORT ST RUMMELHART, HUBERT L 314 E DAVENPORT ST IOWA CITY IA 52245 1010156006 312 E DAVENPORT ST KATHERINE L JOHNSON TRUSTEE OF KATHERINE L JOHNSON AMENDED & RESTATED REVOCABLE LIVING TRUST 203 W 20TH ST #4w NEW YORK NY 10011 1010283008 332 E DAVENPORT ST CLAASSEN, MARY JANE 332 E DAVENPORT ST IOWA CITY IA 52245 1010156011 404 E DAVENPORT ST LAKE & LAKE LC 1912 FLATIRON AVE IOWA CITY IA 52240 1010157013 402 E DAVENPORT ST BUXTON, JAMES B 1811 MUSCATINE AVE IOWA CITY IA 52240 1010157012 500 E MARKET ST MERCY HOSPITAL 500 E MARKET ST IOWA CITY IA 52245 1010165001 317 E BLOOMINGTON ST ARMOND & LORYNE PAGLIAI TRUSTEES OF ARMOND & LORYNE PAGLIAI REVOCABLE TRUST 6 GILMORE CT IOWA CITY IA 52246 1010289001 315 E DAVENPORT ST SCHINTLER, JOEL D 155 COLUMBIA DR IOWA CITY IA 52245 1010163005 311 E DAVENPORT ST DOBBERSTEIN, DWIGHT A 311 E DAVENPORT ST IOWA CITY IA 52245 1010284001 Exhibit C 311 N Gilbert St. Land Management, Permitting, and Licensing Customer Self Service Portal Good Afternoon, Guest License Number: REN01084 PATRICIA A FISHER License Details Tab Elements Main Menu License Details License Type: Residential Rental Permit - Standard District: City of Iowa City Applied Date: 06/11/2021 Account Number: Issued By: Crossett, Adam Period Start Date: 06/11/2021 Status: Issued Expiration Date: 01/31/2023 Description: Two story wood frame structure containing two dwelling units. Main floor unit is a one bedroom and the second floor unit is a two bedroom. Basement and attic are nonhabitable. Two stall shared garage on west side of lot. Business Locations Fees Inspections Attachments Contacts Classifications More Info More Info First Tab License Details Main Menu More Info Interior Next Section Top Main Menu No. of Bedrooms 3 No. of Dwelling Units 2 Number of Rooming Units 0 Number of Type 3 Units 0 Fire Alarm System No Sprinkler No Rental Permit table Unit # Bedrooms Occupancy Handicap Adaptable 311 1 4 No 311 1/2 2 4 No Exterior Previous Section Top Main Menu Number of Parking Spaces 2 Number of Bike Parking Spaces 0 Knox Box/Rapid Entry No Type of Parking Lot Paved Recycling City Provided Additional Information PLAN ATTRIBUTES 311 N Gilbert Proposed Statistics Ground surface with all walls: sq ft 1959.85 Ground surface with interior walls: sq ft 1734.15 Ground surface without walls: sq ft 1654.98 Above Grade Living Area: sq ft 1584.72 Below Grade Living Area: sq ft 0 Living area: sq ft 1584.72 35%554.652 Volume: ft³13256 Perimeter: ft 142' 5 1/2" Floors 2 Rooms 8 Bedrooms 5 Bathrooms 2 Window 10.76 Walls with opening: sq ft 5293.38 Walls without opening: sq ft 4509.07 Project creation date 2/17/2022 Label Plan Project name Proposed 311 N. Gilbert Include areas with a min. height 7' Basement (%)100 Closet (%)0 Include exterior walls No Include interior walls No FLOOR ATTRIBUTES Ground surface without walls: sq ft Ground Floor 813.87 2nd Floor 841.11 ROOM ATTRIBUTES Ground Surface: : sq ft Ground Floor Living Room 270.55 Dining Room 219.24 CL 10.24 Bathroom 53.24 Bedroom 89.07 Kitchen 132 Porch 77.51 Entry & Stairs Up 39.9 Porch 100 2nd Floor Bedroom 132.51 Bedroom 126.55 Bathroom 69.48 Bedroom 95.25 Closet 23.45 CL 6 CL 7.99 Bedroom 102.79 Attic Stairs 14.46 546.17 Hallway 240.62 CL 22.58 1. Special Exception Special Criteria – Specific Criteria a. The proposed use will be located in a structure that was designed for a use that is currently not allowed in the zone. The proposed use meets this requirement. The house was originally designed for a single-family use and subsequently converted to a two- family (duplex) use. Neither a single-family use or two-family (duplex) use is allowed in the CB-2 District. b. The proposed use is of the same or lesser level of intensity and impact than the existing use. The proposed use meets this requirement. A single-family use is generally considered to have a lesser level of intensity and impact than a two-family (duplex) use. c. The proposed use is suitable for the subject structure and site. The proposed use meets this requirement. The house was originally designed for a single-family use, and the proposed use is to convert back to the use for which the house was originally designed. d. The structure will not be structurally altered or enlarged in such a way as to enlarge the nonconforming use. The proposed use meets this requirement. There will be no physical changes to the exterior of the house. Although there will be an addition of one (1) bedroom, this will not enlarge the nonconforming use because we are removing a kitchen and restoring it to its original intended use as a bedroom. 1. Special Exception General Criteria a. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The proposed exception meets this requirement. There will be no physical changes to the exterior of the house, and, as the special exception would be to permit a use with a lesser level of intensity and impact, there will not be any detriment or danger to the public health, safety, comfort or general welfare. b. 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. The proposed exception meets this requirement. There will be no physical changes to the exterior of the house. As such, there will not be any noticeable change that injures the use and enjoyment of other property or diminishes or impairs property values in the neighborhood. c. 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 proposed exception meets this requirement. There will be no physical changes to the exterior of the house. As such, there will not be any noticeable change that impedes the normal and orderly development and improvement of the surrounding property. d. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The proposed exception meets this requirement. The existing utilities, access roads, drainage and facilities are sufficient to support the proposed use. e. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The proposed exception meets this requirement. The existing ingress and egress are sufficient to support the proposed use. f. 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. The applicant is unaware of any other regulation or standard within the zone that would make the proposed use be out of compliance. g. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. The proposed exception meets this requirement. The proposed exception is to change a non-conforming use to a different non-conforming use within the same use category (i.e. both the current use and proposed use are within the Household Living Use Category), so there will be no change to consistency with the Comprehensive Plan. Further, the applicant’s intended future use of the property is to use for commercial purposes consistent with the CB-2 District, and the applicant merely desires to use the property for single-family use until such time as the appropriate commercial development project is discovered. Prestige Properties, LLC, 329 E Court St, Suite 2, Iowa City, IA 52240 319-512-7616 www.prestigeprop.com The legal description of the property is: Legal Description: The south 38 feet of the north 75 feet of Lot 8, in Block 57 in Original Town of Iowa City April 13, 2022 Board of Adjustment Meeting EXC22-0003 ITEM 3B ON THE AGENDA Staff Report Prepared by Staff 1 STAFF REPORT To: Board of Adjustment Item: EXC22-0003 Parcel Number: 1010163008 Prepared by: Emani Brinkman, Planning Intern and Kirk Lehmann, Associate Planner Date: April 13, 2022 GENERAL INFORMATION: Applicant: Mike Oliveira and David Ginger Prestige Properties V, LLC 329 East Court, Suite 2 Iowa City, Iowa 52240 admin@prestigeprop.com dlginger@belinmccormick.com Contact Person: Mike Oliveira Prestige Properties V, LLC 329 East Court, Suite 2 Iowa City, Iowa 52240 (319) 512-7616, Extension 5 admin@prestigeprop.com Property Owner(s): Prestige Properties V, LLC 329 East Court, Suite 2 Iowa City, Iowa 52240 Requested Action: A special exception allowing conversion of a non-conforming use, located in a structure designed for a use that is prohibited in the zone, to another non-conforming use of a lesser intensity. Purpose: To allow a duplex conversion to revert to a single-family home and rehabilitate the property Location: 315 N. Gilbert Street Location Map: 2 Size: Existing Land Use; Zoning: 2,960 square feet Commercial; Central Business Service (CB-2) Surrounding Land Use; Zoning North: Residential; Neighborhood Stabilization Residential Applicable Code Sections: File Date: (RNS-12) East: Residential & Commercial; Commercial Office (CO-1) South: Residential; Central Business Service (CB-2) West: Residential; Central Business Service (CB-2) 14-4B-3A: General Approval Criteria 14-4E-5B-2: Special Exception of nonconforming use February 23, 2022 BACKGROUND: The applicant, Michael Oliveira of Prestige Properties, is requesting to convert a two-family use (duplex) back into a detached single-family use at 315 N. Gilbert Street. The property was originally built as a detached single-family home more than 100 years ago and was considered a duplex at least by 1977. The duplex currently has a one-bedroom unit on the main floor and a one-bedroom unit on the second floor. Each unit has a rental occupancy of 5 (for a total rental occupancy of 10) based on a review from the early 2000’s when staff used square footage and historical occupancy to determine occupancy for all rental properties with nonconforming parking. The property’s rental permit notes 4 parking spaces, but only 2 of these are conforming parking spaces. The subject property is zoned Central Business Service (CB-2), which does not allow detached single-family or duplex uses. However, a non-conforming use may be granted a special exception to convert to a different nonconforming use of the same or lesser intensity, provided all approval criteria are met. Following the conversion, the applicant desires to transition the second-floor kitchen and living room back into bedrooms, which would increase the number of bedrooms to 4. However, the maximum adult occupancy for the structure would be 3 because the property has 2 conforming parking spaces. The applicant has also requested approval to use 1 off-site parking space to allow an additional adult occupant per Section 14-5A-4F-1 of City Code, which could be approved by the Director of Neighborhood and Development Services. Staff is waiting on documentation to review whether all applicable approval criteria are met. The potential for additional occupancy is a decision independent of the special exception and does not affect staff’s recommendation regarding a conversion from a duplex to a detached single-family use. 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 throug hout 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 14-4E-5B-2, pertaining to changes of use for a structure not designed for a use allowed in the zone, as well as the general approval criteria in Section 14-4B-3A. 3 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 are set below. Specific Standards: 14-4E-5B-2: Change of Nonconforming Use: a.The proposed use will be located in a structure that was designed for a use that is currently not allowed in the zone, for example a storefront commercial building located in a single- family residential zone. FINDINGS: •315 N. Gilbert Street was constructed as a detached single-family use more than 100 years ago and was subsequently converted into a duplex use by at least 1977. •CB-2 zones do not allow two-family (duplex) or detached single-family uses, but the use is considered legal non-conforming. b.The proposed use is of the same or lesser level of intensity and impact than the existing use. The Board of Adjustment will make a determination regarding the relative intensity of the proposed use by weighing evidence presented by the applicant with regard to such factors as anticipated traffic generation, parking demand, hours of operation, residential occupancy, noise, dust, and customer and/or resident activity. The Board of Adjustment may also consider qualitative factors such as whether a proposed use will serve an identified need in the surrounding neighborhood. FINDINGS: •A detached single-family use (1 dwelling unit) is of a lesser intensity than a duplex use (2 dwelling units). •Currently, the two dwelling units in the duplex have a combined rental occupancy of 10 in with 5 occupants in each unit. •With the conversion to single-family, the structure will only be able to have 3 adult occupants due to the property only having 2 conforming parking spaces. •The impact of a single-family use will be of a lesser level than the impact of a duplex use based on the reduction in the legacy rental occupancy. •Once the duplex is converted to a detached single-family use, it may not be converted back to the prior nonconforming use. c.The proposed use is suitable for the subject structure and site. FINDINGS: •The structure was originally constructed as a detached single-family use and was converted into a duplex by at least 1977. •Returning the duplex to a detached single-family use is appropriate for the structure and site. d.The structure will not be structurally altered or enlarged in such a way as to enlarge the nonconforming use. Ordinary repair and maintenance and installation or relocation of walls, partitions, fixtures, wiring, and plumbing is allowed, as long as the use is not enlarged. 4 FINDINGS: • No physical changes will be made to the exterior of the house as part of the conversion from a duplex to a detached single-family use. • Upon approval of a special exception, the applicant has proposed changes to the interior of the house, including converting the second-floor kitchen and living room back into bedrooms and removing the permanent separation between dwelling units. • Staff recommends that the conversion of the second-floor kitchen into a legal bedroom and removal of the permanent barrier between units be conditions of approval. • An increase in the number of bedrooms in a dwelling unit is considered an enlargement which is typically not allowed for non-conforming uses. However, a non-conforming single-family use may be enlarged provided such expansion does not increase or extend any other nonconforming situation on the property. Consequently, occupancy could subsequently increase if the Board of Adjustment approves the conversion. General Standards: 14-4B-3A: 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 property is already a nonconforming use in a commercial zone and will be converted into another, less intensive nonconforming use. • There will be no physical changes to the exterior of the structure. • Currently, the two dwelling units in the duplex have a combined rental occupancy of 10 with 5 occupants in each unit. • With the conversion to single-family, the structure will be restricted to 3 adult occupants due to the property only having 2 off-street parking spaces. 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 conversion of the property from a duplex to a detached single -family is changing the property back to its original use. • The area is a mix of residential and commercial uses, including single-family homes, so property values for surrounding properties should not be affected. 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 area is already fully developed with a mix of residential and commercial uses, including established businesses in the Northside Marketplace. • There will be no physical changes to the exterior of the structure. • The property complies with setbacks in the CB-2 zone. 5 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • The subject property is already developed, and all utilities, access roads, drainage and necessary facilities are established for this neighborhood. • Pedestrian access is provided by a sidewalk along N. Gilbert Street to the east . • Vehicular access to parking is shared with the adjacent property to the south (311 N. Gilbert Street). Access will not change due to the proposed exception. • There will be no physical changes to the exterior of the structure, so there will be no impacts to stormwater runoff. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • No changes are being proposed to the existing driveway, sidewalk, or street. • The property has 2 conforming parking spaces with adequate driveway access. • Anticipated traffic will be similar to other single-family uses in Iowa City. 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 property meets all dimensional requirements for the CB-2 zone and all single- family site development standards, including open space requirements. • Because the property would convert to a single-family use with two parking spaces, the maximum occupancy of the property would be restricted to 3 adult occupants. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • This property is shown as Mixed Use on the Comprehensive Plan Future Land Use Map and as Urban Commercial in the Central District Plan Future Land Use Map. • The zoning of the property is consistent with these future land use categories and will not change due to the proposed exception. • A nonconforming use in a structure not designed for a use allowed in the zone may be converted to a different, less intense nonconforming use. • The Central District Plan has a goal to “maintain and improve the older housing stock” and encourages “reinvestment in residential properties throughout the district”. • Returning a duplex conversion back into a single-family home better reflects the original use of the property until such time as the property is redeveloped. STAFF RECOMMENDATION: Staff recommends approval of EXC22-0003, to convert a two-family (duplex) use to a detached single-family use for the property at 315 N. Gilbert Street subject to the following conditions: 6 1. The physical, permanent separation between dwelling units within the duplex must be removed prior to issuance of a certificate of occupancy. 2. The kitchen on the second floor must be converted to a legal bedroom prior to issuance of a rental permit. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Correspondence 4. Application Materials Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services April 13, 2022 Board of Adjustment Meeting EXC22-0003 ATTACHMENT 1 Location Map Prepared by Staff E BLOOMINGTON STN LINN STN GILBERT STEXC22-0003315 N. Gilbert Streetµ 0 0.01 0.020.005 Miles Prepared By: Emani BrinkmanDate Prepared: February 2022 An application submitted by Prestige Properties LLC for a special exception to convert a duplex to a single-family home for 2,960 square feet of property located at 315 N. Gilbert Street. April 13, 2022 Board of Adjustment Meeting EXC22-0003 ATTACHMENT 2 Zoning Map Prepared by Staff E BLOOMINGTON STN LINN STN GILBERT STRNS12 CB2 CO1 EXC22-0003315 N. Gilbert Streetµ 0 0.01 0.020.005 Miles Prepared By: Emani BrinkmanDate Prepared: February 2022 An application submitted by Prestige Properties LLC for a special exception toconvert a duplex to a single-family home for 2,960 square feet of propertylocated at 315 N. Gilbert Street. April 13, 2022 Board of Adjustment Meeting EXC22-0003 ATTACHMENT 3 Correspondence Submitted by the Identified Party Prestige Properties, LLC, 329 E Court St, Suite 2, Iowa City, IA 52240 319-512-7616 www.prestigeprop.com March 31, 2022 Kirk Lehmann City of Iowa City Neighborhood & Development Services RE: EXC22-0002 Kirk, This is in response to the comments and questions posed in the letter dated 03 -11-22 in regard to our application for Special Exception for the properties at 311 & 315 N. Gilbert Street, Iowa City, IA 52245. 1. The additional details requested are on the updated site plan. (Uploaded as 311-315 Site Plan 032922). 2. Interior dimensions of the garage are: a. Interior dimension of each garage stall are: 18’ x 9.9’ b. Garage doors are: 8’x7’ 3. Prestige is able to provide additional off-site parking in compliance with 14-5A-4F Alternatives To Minimum Parking Requirements. (Uploaded map as Additional Off -site Parking within 300 ft). 311 proposed occupancy required parking spaces – 4 315 proposed occupancy required parking spaces – 4 412 occupancy requires 5 Available parking 311 – 2 spaces 315 – 2 spaces 412 14 total spaces, with 9 available for use by 311, 315 as offsite parking within 300 ft. of dwelling entrance. Prestige Properties, LLC, 329 E Court St, Suite 2, Iowa City, IA 52240 319-512-7616 www.prestigeprop.com 4. Please see the uploaded files for both 311 & 315 floor plan and statistics. It is shown that the proposed changes and layout still meet the requirement. a. 311 Gilbert St Total Square footage: 1584.73 Bedrooms: 546.17 b. 315 Gilbert St Total Square footage: 1410.54 Bedrooms: 453.2 5. Prestige Properties understands that one converted to single-family, it may not be converted back to a the prior nonconforming use. 6. Prestige Properties intends to remove the permanent separation and 2nd kitchen upon approval of the Special Exception to return these properties to their Single Family use. Thank you for your consideration. Sincerely, Laura Hanson Operations Coordinator Prestige Properties, LLC 319-512-7616 x7 lhanson@prestigeprop.com March 21, 2022 RE: Special Exception for 315 N. Gilbert Street Dear Property Owner and/or Occupant: The Iowa City Board of Adjustment has received an application submitted by Prestige Properties LLC requesting a special exception to convert a duplex to single-family home located at 315 N. Gilbert Street (see attached map). As a neighboring property owner, you are being notified of this application. If you know of any interested party who has not received a copy of this letter, we would appreciate it if you would inform them of the pending application. The Board of Adjustment will review this application at a public meeting tentatively scheduled for April 13, 2022 at 5:15 pm in Emma Harvat Hall, City Hall, 410 East Washington Street, Iowa City. Because the meeting is subject to change, you may wish to call 319-356-5230 or check the City of Iowa City’s website, www.icgov.org/BOA, the week of the meeting to confirm the meeting agenda. You are welcome to attend this public meeting to present your views concerning this application. You may also submit written information to me for consideration in advance of the meeting, and I will include your comments in the information to be considered by the Board. Please do not hesitate to contact me at kirk-lehmann@iowa-city.org or 319-356-5230 if you have any questions or comments about this application or if you would like more information on the Board of Adjustment review process. Sincerely, Kirk Lehmann Associate Planner City of Iowa City Department of Neighborhood and Development Services What is the Board of Adjustment? The Board of Adjustment is panel made up of Iowa City citizens appointed by the City Council. The board reviews and grants special exceptions and variances and also considers appeals when there is a disagreement about an administrative zoning decision made by the City. Members of the board act like judges, making decisions about individual properties and uses that may have difficulty meeting a specific zoning regulation or to resolve disputes about administrative zoning decisions. The actions and decisions of the Board of Adjustment are binding upon all parties unless overturned upon appeal to District Court. What is a special exception? There are two types of special exceptions. 1. Within the zoning code a number of land uses are set apart as special exceptions that may be permitted in certain zones. Rather than permitting these uses outright, each is reviewed on a case-by-case basis to ensure that they do not negatively affect surrounding properties. For example, daycare centers are permitted in residential zones by special exception. The same is true of churches and private schools. All may be appropriate uses in residential zones, if certain criteria such as parking, screening, and other requirements are met. 2. Adjustments to specific zoning requirements in cases where there are unique circumstances. Again, the opportunity to adjust these requirements and the criteria for allowing such adjustments are described in the Zoning Code. For example, a homeowner may apply for a reduction in a building setback in order to accommodate an addition or other improvement to their property. The Zoning Code lists explicitly each use and standard for which a special exception may be considered. In other words, you can’t request a special exception for everything—only those things called out as special exceptions in the Code. The Code also provides criteria specific to each request. Applicants must provide evidence that they satisfy each of these criteria, and the Board must consider these criteria when making a determination as to whether to grant a special exception. What is a variance? A variance grants a legal right to an owner to develop property in a manner that deviates from a specific provision of the Zoning Code and for which a special exception is not expressly allowed. In seeking relief from the restrictions in the Zoning Code, the property owner applying for the variance must show that the strict application of the Zoning Code would cause and unnecessary hardship such that the property in question is unusable or that a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the zoning district. In addition the circumstances that create this hardship must be unique to the property in question and must not be of the property owner’s own making. What is an appeal? The Board considers and rules on appeals from any citizen who believes there is an error in any decision, determination, or interpretation made by the City or its designee in the administration of the Zoning Code. As with their other decisions, the Board’s ruling is binding on all parties unless overturned on appeal to the District Court. How does the review process work? An application requesting a special exception, variance, or an appeal is a request. The Board makes a decision on whether to grant a specific request only after City staff have provided a review of an application and the public has had an opportunity to make its concerns known. The Board not only has the right to approve or deny requests, but may also choose to approve request subject to certain conditions. In making decisions, the Board may only consider comments and evidence relevant to the specific standards provided in the code. City Development Staff provide reports to the Board for each application on the agenda. The Staff Report provides background information on the application, informs the Board of all the criteria in the Code that a particular application must satisfy, and interprets whether and how an application has satisfied these criteria. How can I participate in the process? Because most applications will be reviewed and decided upon at a single public hearing, it is important for interested parties to respond in a timely and informed manner. Those who wish to speak for or against an application are given an opportunity to be heard by the Board at the hearing, but may also submit written comments prior to the meeting. Written comments must be delivered to the Department of Neighborhood & Development Services at City Hall no later than 5 days before the hearing in order to be included with the Staff Report. All correspondence submitted after that time will be delivered to the Board at the time of the hearing. The Board considers the application, the recommendation of staff (in the staff report) and any additional information, correspondence, or testimony provided at the hearing. Board of Adjustment hearings are usually held on the second Wednesday of each month at 5:15 p.m. in Emma J. Harvat Hall in City Hall. You can find more information at the following website: www.icgov.org/boa. The Staff Report can be very useful to anyone who is unfamiliar with the BOA process or with the Zoning Code and will provide an understanding of the criteria that the Board must consider in rendering its decision. Staff Reports may be obtained from the Department of Neighborhood & Development Services. E-mail kirk-lehmann@iowa- city.org to request a copy of a report. If you have questions about an application or if you simply want more information about issues related to the Board of Adjustment, please feel free to contact Kirk Lehmann at 319-356- 5230 or e-mail kirk-lehmann@iowa- city.org. To submit comments to the Board of Adjustment write to the Board of Adjustment c/o the Department of Neighborhood & Development Services, 410 E. Washington St., Iowa City IA 52240 or e-mail kirk-lehmann@iowa- city.org. Board of Adjustment: Frequently Asked Questions Parcel Number Mailing Name Mailing Address2 Mailing Address3 Mailing Zip Code Add Type 1010156001 ALICE L ROTH 1106 17TH AVE CORALVILLE, IA 52241 315 N GilbertOwner 1010157017 AMANDA D ROSHEK-MCMILLEN 3051 SANTA ROSA AVE ALTADENA, CA 91001-1651 315 N GilbertOwner 1010157008 HOLZLAND LLC 3832 COUNTY DOWN LN NE NORTH LIBERTY, IA 52317 315 N GilbertOwner 1010157017 Resident 415 N VAN BUREN ST IOWA CITY, IA 52245 315 N GilbertOccupant 1010156001 Resident 421 N GILBERT ST IOWA CITY, IA 52245 315 N GilbertOccupant 1010157008 Resident 426 N GILBERT ST IOWA CITY, IA 52245 315 N GilbertOccupant Parcel Number Mailing Name Mailing Address1 Mailing Address2 Mailing Address3 Mailing Zip Code Add Type 1010295007 JEFFREY ALLAN SMITH 111 SW HARRISON ST UNIT 11B PORTLAND, OR 97201 Both Owner 1010161014 STEVE V NASH 1113 PRAIRIE GRASS LN IOWA CITY, IA 52246 Both Owner 1010295008 JERRY & WENDY J & KAYLEA NORMA 1207 SURREY CIR WYLIE, TX 75098 Both Owner 1010318010 MILES A PUFALL 121 RICHARDS ST IOWA CITY, IA 52246 Both Owner 1010163010 MALNICK LLC 1238 PHEASANT VALLEY ST IOWA CITY, IA 52246 Both Owner 1010283001 KD PROPERTIES LLC 125 BICKFORD DR WEST BRANCH, IA 52358 Both Owner 1010318015 WILLIAM R NUSSER 13 BRIAR RIDGE DR NE IOWA CITY, IA 52240 Both Owner Multiple 202 LINN LLC 13 BRIAR RIDGE DR NE IOWA CITY, IA 52240 Both Owner 1010164004 SMITH-RUST PROPERTIES LLP 1317 ROCHESTER AVE IOWA CITY, IA 52245 Both Owner 1010162010 JULIA ELLA LEUPOLD REVOCABLE T 13515 253RD AVE SPIRIT LAKE, IA 51360 Both Owner 1010295001 JOHN COUDRAY 1393 FOOTHILL RD OJAI, CA 93023 Both Owner Multiple WALTER J & JANE A KOPSA 1514 CHURCHILL PL IOWA CITY, IA 52240 Both Owner 1010163005 JOEL D & MELISSA C SCHINTLER 155 COLUMBIA DR IOWA CITY, IA 52245 Both Owner 1010285005 DOBRIAN 160 SOUTHGATE AVE STE D IOWA CITY, IA 52240 Both Owner 1010157012 JAMES B & BECKY J BUXTON 1811 MUSCATINE AVE IOWA CITY, IA 52240 Both Owner 1010283003 H & G 1849 BROWN DEER RD CORALVILLE, IA 52241 Both Owner 1010157013 LAKE & LAKE LC 1912 FLATIRON AVE IOWA CITY, IA 52240 Both Owner 1010318009 SUSAN L BECKETT 202 N LINN ST #302 IOWA CITY, IA 52245 Both Owner 1010318016 DIGITAL VENTURES LLC 202 N LINN ST #502 IOWA CITY, IA 52245 Both Owner 1010318001 Resident 202 N LINN ST UNIT 101 IOWA CITY, IA 52245 Both Occupant 1010318002 Resident 202 N LINN ST UNIT 102 IOWA CITY, IA 52245 Both Occupant 1010318003 Resident 202 N LINN ST UNIT 201 IOWA CITY, IA 52245 Both Occupant 1010318004 Resident 202 N LINN ST UNIT 202 IOWA CITY, IA 52245 Both Occupant 1010318005 Resident 202 N LINN ST UNIT 203 IOWA CITY, IA 52245 Both Occupant 1010318006 Resident 202 N LINN ST UNIT 204 IOWA CITY, IA 52245 Both Occupant 1010318007 Resident 202 N LINN ST UNIT 205 IOWA CITY, IA 52245 Both Occupant 1010318008 Resident 202 N LINN ST UNIT 301 IOWA CITY, IA 52245 Both Occupant 1010318010 Resident 202 N LINN ST UNIT 304 IOWA CITY, IA 52245 Both Occupant 1010318011 Resident 202 N LINN ST UNIT 305 IOWA CITY, IA 52245 Both Occupant 1010318012 Resident 202 N LINN ST UNIT 401 IOWA CITY, IA 52245 Both Occupant 1010318013 Resident 202 N LINN ST UNIT 402 IOWA CITY, IA 52245 Both Occupant 1010318014 Resident 202 N LINN ST UNIT 403 IOWA CITY, IA 52245 Both Occupant 1010318015 Resident 202 N LINN ST UNIT 501 IOWA CITY, IA 52245 Both Occupant 1010283008 KATHERINE JOHNSON 203 W 20TH ST #4W NEW YORK, NY 10011 Both Owner 1010427004 Resident 204 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010301003 206 ENTERPRISE LLC 206 N LINN ST IOWA CITY, IA 52240 Both Owner 1010289004 Resident 208 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010427003 Resident 210 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010289003 Resident 210 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010284006 GARY W SKARDA 2107 SLAGLE CIR IOWA CITY, IA 52246 Both Owner 1010165005 Resident 214 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010289002 MICHAEL TZAI-TAO LEE 214 N LINN ST IOWA CITY, IA 52245 Both Owner 1010295013 NORTHSIDE COMMONS LC 215 N LINN ST IOWA CITY, IA 52245 Both Owner 1010285015 Resident 216 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010285005 Resident 217 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010288005 Resident 219 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010164003 DENDRYS LLC 219 N GILBERT ST IOWA CITY, IA 52245 Both Owner 1010296004 Resident 219 N LINN ST UNIT M IOWA CITY, IA 52245 Both Occupant 1010296001 Resident 219 N LINN ST UNIT R-1 IOWA CITY, IA 52245 Both Occupant 1010296002 Resident 219 N LINN ST UNIT R-2 IOWA CITY, IA 52245 Both Occupant 1010296003 Resident 219 N LINN ST UNIT R-3 IOWA CITY, IA 52245 Both Occupant 1010285016 Resident 220 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant Multiple DRAGONFLY PROPERTIES II LLC 220 LAFAYETTE ST STE 160 IOWA CITY, IA 52240 Both Owner 1010163004 JEAN ANN DATERS 2200 FLINTSHIRE VIEW CORALVILLE, IA 52241 Both Owner 1010285017 Resident 222 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010282015 Resident 222 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010288019 Resident 223 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010285004 Resident 223 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant Multiple JOSEPHINE GITTLER 225 E DAVENPORT ST IOWA CITY, IA 52245 Both Owner 1010164002 Resident 225 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010285020 Resident 228 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010161015 MSL JCL, LC 228 WOOLF AVE IOWA CITY, IA 52246 Both Owner Multiple PUBLIC SPACE ONE INC 229 N GILBERT ST IOWA CITY, IA 52245 Both Owner 1010165006 Resident 230 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010295001 Resident 231 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010295002 MIN PARK & SUN JOE LEE 235 N LINN ST IOWA CITY, IA 52245 Both Owner 1010295003 GRAEME & TRACEY PITCHER 239 N LINN ST IOWA CITY, IA 52245 Both Owner 1010295012 MATTHEW L & TARA S MEREDITH 2402 NE BELLAGIO CT ANKENY, IA 50021 Both Owner 1010295004 BRETT M SOBASKI 243 N LINN ST IOWA CITY, IA 52245 Both Owner 1010295005 SAVANTHA H THENUWARA 247 N LINN ST IOWA CITY, IA 52245 Both Owner 1010295006 BOWEN RUAN 251 N LINN ST IOWA CITY, IA 52245 Both Owner 1010295007 Resident 255 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010295008 Resident 259 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010295009 ROBERT, ELISE, & MEGAN GERDES 263 N LINN ST IOWA CITY, IA 52245 Both Owner 1010301001 MIKE & MELISSA N KARR 2645 PRINCETON RD IOWA CITY, IA 52245 Both Owner 1010295010 STEVEN P BOUFFARD JR 267 N LINN ST IOWA CITY, IA 52245 Both Owner 1010295011 MARK R & JENNIFER C EASLER 271 N LINN ST IOWA CITY, IA 52245 Both Owner Multiple CLARENCE & JULIE LEICHTY 2710 500TH ST SW KALONA, IA 52247 Both Owner 1010295012 Resident 275 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010295013 Resident 281 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010284006 Resident 302 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010283005 ARTHUR K & SHARI SWEETING 3020 130TH ST RIVERSIDE, IA 52327 Both Owner 1010283006 Resident 304 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010163010 Resident 305 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010283007 Resident 308 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010283001 Resident 309 FAIRCHILD ST IOWA CITY, IA 52245 Both Occupant 1010285015 DENNIS LEE NOWOTNY 309 N SUNSET BEACH DR MANISTIQUE, MI 49854 Both Owner 1010162011 Resident 310 N GILBERT ST IOWA CITY, IA 52245 Both Occupant Multiple DWIGHT A DOBBERSTEIN 311 E DAVENPORT ST IOWA CITY, IA 52245 Both Owner 1010156005 SUSAN K FUTRELL 311 FAIRCHILD ST IOWA CITY, IA 52245 Both Owner 1010163009 Resident 311 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010285019 I C MONTHLY MTNG OF FRIENDS 311 N LINN ST IOWA CITY, IA 52240 Both Owner 1010283008 Resident 312 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010301001 Resident 312 E MARKET ST IOWA CITY, IA 52245 Both Occupant 1010285018 Resident 313 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010156006 HUBERT L RUMMELHART 314 E DAVENPORT ST IOWA CITY, IA 52245 Both Owner 1010161014 Resident 314 N VAN BUREN ST IOWA CITY, IA 52245 Both Occupant 1010163005 Resident 315 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010163008 Resident 315 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010162016 JASON D VARDAMAN 315 N VAN BUREN ST IOWA CITY, IA 52245 Both Owner 1010289001 Resident 317 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant Multiple IDA SANTANA & PETER SPELTZ 317 FAIRCHILD ST IOWA CITY, IA 52245 Both Owner 1010163006 Resident 318 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010162010 Resident 318 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010284005 Resident 318 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010164004 Resident 319 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010163004 Resident 319 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010285003 Resident 319 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010162004 Resident 319 N VAN BUREN ST IOWA CITY, IA 52245 Both Occupant 1010156007 Resident 320 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant Multiple G FAM PROPERTIES LLC PO BOX 2150 321 E MARKET ST IOWA CITY, IA 52244-2150 Both Owner 1010163007 Resident 322 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010284004 SCOTT A PALMBERG 322 N LINN ST IOWA CITY, IA 52245 Both Owner 1010161006 Resident 322 N VAN BUREN ST IOWA CITY, IA 52245 Both Occupant 1010285002 Resident 323 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010162003 Resident 323 N VAN BUREN ST IOWA CITY, IA 52245 Both Occupant 1010156008 Resident 324 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010162009 Resident 324 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010163002 Resident 325 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010284003 Resident 326 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010318008 DANIEL E & CATHERINE P MONINGE 3278 PRIVATEER CREEK RD SEABROOK ISLAND, SC 29455 Both Owner 1010284002 Resident 328 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010282016 RMB INVS LLC 3286 HWY 1 SW IOWA CITY, IA 52240 Both Owner Multiple PRESTIGE PROPERTIES IV LLC 329 E COURT ST SUITE 2 IOWA CITY, IA 52240 Both Owner 1010163011 MICHAEL N OLIVEIRA 329 E COURT ST STE 2 IOWA CITY, IA 52240 Both Owner 1010428001 Resident 330 E MARKET ST IOWA CITY, IA 52245 Both Occupant 1010162008 Resident 330 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010163011 Resident 331 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010162001 Resident 331 N VAN BUREN ST IOWA CITY, IA 52245 Both Occupant 1010156011 MARY JANE CLAASSEN 332 E DAVENPORT ST IOWA CITY, IA 52245 Both Owner 1010161005 Resident 332 N VAN BUREN ST IOWA CITY, IA 52245 Both Occupant 1010282017 403-405 N LINN STREET INC 332 S LINN ST STE 8 IOWA CITY, IA 52240 Both Owner 1010283006 304 E DAVENPORT STREET INC 332 S LINN ST STE 8 IOWA CITY, IA 52240 Both Owner Multiple MARY ELLEN CHUDACEK 34 BEDFORD CT IOWA CITY, IA 52240 Both Owner 1010157012 Resident 402 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010427005 Resident 402 E MARKET ST IOWA CITY, IA 52245 Both Occupant 1010282017 Resident 403 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010162012 Resident 404 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010157013 Resident 404 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010156010 ALAN DENBLEYKER 407 BROWN ST IOWA CITY, IA 52245 Both Owner 1010156010 Resident 409 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010427002 Resident 410 E MARKET ST IOWA CITY, IA 52245 Both Occupant 1010162007 Resident 411 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010157006 MICHAEL J LENSING 411 FAIRCHILD ST IOWA CITY, IA 52245 Both Owner 1010282016 Resident 411 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010162013 Resident 412 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010283005 Resident 412 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010156009 Resident 413 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010157014 Resident 414 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010163007 322 E BLOOMINGTON LC 414 E MARKET ST IOWA CITY, 52245 Both Owner 1010427001 Resident 414 E MARKET ST IOWA CITY, IA 52245 Both Occupant 1010157011 Resident 414 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010162006 SHAWN F COLBERT 415 E DAVENPORT ST IOWA CITY, IA 52245 Both Owner 1010283004 MADELINE A SHEA 416 N LINN ST IOWA CITY, IA 52245 Both Owner 1010157010 RALPH J SAVARESE 418 N GILBERT ST IOWA CITY, IA 52245 Both Owner Multiple THOMAS R SCOTT 419 E FAIRCHILD ST IOWA CITY, IA 52245 Both Owner 1010156002 MICHAEL R HUBER 419 N GILBERT ST IOWA CITY, IA 52245 Both Owner 1010157015 Resident 420 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010157009 Resident 420 N GILBERT ST IOWA CITY, IA 52245 Both Occupant 1010283003 Resident 420 N LINN ST IOWA CITY, IA 52245 Both Occupant 1010162005 Resident 421 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010162014 Resident 424 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010157016 Resident 424 E DAVENPORT ST IOWA CITY, IA 52245 Both Occupant 1010162002 DAVID MOORE 425 E DAVENPORT ST IOWA CITY, IA 52240 Both Owner 1010162015 Resident 430 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010157018 ADAM DREYFUSS GALLUZZO 430 E DAVENPORT ST IOWA CITY, IA 52245 Both Owner Multiple ANDREW J & LINDSEY R LITTON 430 PARK RD IOWA CITY, IA 52246 Both Owner 1010162017 Resident 432 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010162011 DON C & DOROTHY L FOWLES 4655 RUNNING DEER WOODS NE IOWA CITY, IA 52240 Both Owner Multiple BLOOMINGTON STREET PROPERTIES 5 KIMBALL RD IOWA CITY, IA 52245 Both Owner Multiple MERCY HOSPITAL 500 E MARKET ST IOWA CITY, IA 52245 Both Owner 1010161015 Resident 504 E BLOOMINGTON ST IOWA CITY, IA 52245 Both Occupant 1010163006 OLIN L & FLORAINE LLOYD 5271 SIOUX AVE SE IOWA CITY, IA 52240 Both Owner 1010289001 ARMOND & LORYNE L PAGLIAI 6 GILMORE CT IOWA CITY, IA 52246 Both Owner 1010157016 ELISABETH JEWELL 607 E WASHINGTON ST MOUNT PLEASANT, IA 52641 Both Owner Multiple MICHAEL T & KELLY A MCLAUGHLIN 614 PINE RIDGE RD CORALVILLE, IA 52241 Both Owner 1010157015 JAMES C SHAW 718 KIMBALL AVE IOWA CITY, IA 52245 Both Owner 1010282015 MR JOHN NELSON 747 OAKLAND AVE IOWA CITY, IA 52240 Both Owner 1010157011 JAMES J THIBODEAU 825 N GILBERT ST IOWA CITY, IA 52245 Both Owner 1010428001 JOAN R GILPIN 852 LONGFELLOW CT IOWA CITY, IA 52240 Both Owner 1010161005 RICHARD E MASON 953 WEEBER ST IOWA CITY, IA 52246 Both Owner 1010285004 WILLIAM L & DONNA M LAUNSPACH PO BOX 1306 IOWA CITY, IA 52244 Both Owner Multiple TSB HOLDINGS LLC PO BOX 1490 IOWA CITY, IA 52244-1490 Both Owner 1010285018 MICHAEL T & KELLEY A MCLAUGHLI PO BOX 2837 IOWA CITY, IA 52244-2837 Both Owner 1010427001 OFFICE 414 LLC PO BOX 3047 IOWA CITY, IA 52244-3047 Both Owner 1010427002 ZJ-7 LLC PO BOX 3047 IOWA CITY, IA 52244-3047 Both Owner 1010161006 M322 LLC PO BOX 3049 IOWA CITY, IA 52244-3049 Both Owner Multiple ALLEN RENTALS LLC PO BOX 3474 IOWA CITY, IA 52244-3474 Both Owner 1010285016 JONATHAN W MCPHERON PO BOX 706 IOWA CITY, IA 52244-0706 Both Owner April 13, 2022 Board of Adjustment Meeting EXC22-0003 ATTACHMENT 4 Special Exception Application Submitted by the Applicant Project Description: Conversion duplex back to single family home. February 10, 2022 Building Official Housing and Inspection Services Department 410 East Washington Street Iowa City, Iowa 52240-1826 Re: MINOR MODIFICATION APPLICATION Prestige Properties V, LLC hereby requests a Special Exception to convert a non-conforming duplex in a CB-2 zone to a non-conforming single-family use as well as a Minor Modification from the Open Space Requirements for 315 N. Gilbert Street and in support of its request hereby provides the following information: 1. Site Address: 315 N. Gilbert Street Legal Description: The North 37 feet of Lot 8, in Block 57 in Original Town of Iowa City 2. Applicant: Prestige Properties V, LLC Attention: Michael Oliveira Address: 329 East Court, Suite 2 City/State/Zip: Iowa City, Iowa 52240 Daytime Telephone: (319) 512-7616, Extension 5 3. Special Exception requested: Convert Duplex in CB2 Zone to Single-Family use pursuant to Iowa City Municipal Code Sections (14-4E-5B-2) and (14-4B-3A) Minor Modification Requested: Modification to reduce the open space requirement pursuant to Iowa City Municipal Code Sections 14-2A-4(E)(4) and 14-4B-1(A)(24). 4. Indicate any special circumstances which create a need for minor modification, such as size, shape, topography, configuration of lot, location or surroundings: 315 N. Gilbert Street is a non-conforming building and lot. This lot contains only 2960 square feet, being 37 feet wide in the North - South dimension and 80 feet long in the East - West dimension. The house faces Gilbert Street. This property is zoned CB2. It is a four-bedroom, two-story house built in 1900. This house originally had three bedrooms on the second level and one bedroom on the first level. The 22’ x 18’ two car garage was added in 1950. Melvin J Fisher and Celia Fisher purchased the Single-Family house on September 1, 1960. Patricia Ann Fisher inherited the house from her mother on May 27, 1965. The Single-family house was converted after this period to an owner-occupied duplex with Ann Fisher living on the first level, and tenants living on the second level. It appears that this upper floor dwelling unit consisted of a kitchen area that had formerly been a bedroom, bathroom and two bedrooms. The city rental permit records it as being a two-bedroom unit on upper floor and 1 bedroom unit on the lower floor. With an occupancy of 4 for each unit. The building is currently licensed as a rental duplex unit. (Exhibit D) Prestige Properties IV, LLC acquired this house from the Estate of Patricia Ann Fisher in February 2022. It desires to restore the house to its original format as a four-bedroom, single family house. This work will not require any modifications to the exterior walls or height of the house, but will only involve restoring all three bedrooms on the second level to their use as bedrooms without changing any internal walls. This work will not require any modifications that will reduce the open space areas that currently exist on this lot. Iowa City Code Section 14-2A-4(E)(2)(b) requires that to be used for single family uses, the lot must have a minimum of 500 square feet of usable open space, located in the rear yard with no dimension less than 20’. As you can see from the diagram of this property attached as Exhibit A, the current property does not meet any of the open space requirements. We note that if this property continues as a duplex, it also would not have the required minimum usable open space of 300 square feet per dwelling unit, located in one or more clearly defined, compact areas, with each area not less than 300 square feet with no dimension less than 12’, unless one can use the side yard, with the encroachment that limits the width to 10’ for a 10’ north-south portion of the side yard, and/or unless one can use either the front yards to satisfy this requirement. 5. Explain why a minor modification will not be detrimental to the public health, safety, or welfare, or be injurious to other property or improvements in the vicinity and in the zoning district in which the property is located. This modification does not involve making any physical changes to the exterior of the house or the existing open spaces. It merely requires that the city grant a modification that allows the owner to continue to use the property with the existing open spaces. Those open spaces have been adequate to provide for the health and welfare of the occupants of this residence for almost 90 years. There will be no changes to the property that the neighbors will observe. This lot is similar in shape and lack of substantial back yard area as neighboring houses to the north at 325 and 331 N. Gilbert Street and across the street at 330, 324 and 318, 310 N. Gilbert as well as to the south 225 and 229 N Gilbert Street. 6. Explain how the minor modification and/or the alternative design will be in conformance with the intent and purpose of the base zone site development standards and/or zoning ordinance. See the answer to Number 4 above. If this modification is not granted than either this property cannot be used for any use allowed in the zoning district or it must continue to be used solely as a legally non-conforming duplex. 7. See the attached Exhibit B listing the names and addresses of property owners within 300 feet of the property for which the minor modification is being requested. Respectfully submitted, Prestige Properties V, LLC Michael Oliveira, Manager Property Address Owner Mailing Address City State Zip Parcel 225 N GILBERT ST PUBLIC SPACE ONE, INC 229 N GILBERT ST IOWA CITY IA 52245 1010164002 322 N LINN ST PALMBERG, SCOTT A 322 N LINN ST IOWA CITY IA 52245 1010284004 318 N GILBERT ST JULIA ELLA LEUPOLD REVOCABLE TRUST 13515 253RD AVE SPIRIT LAKE IA 51360 1010162010 305 N GILBERT ST MALNICK LLC 1238 PHESANT VALLEY ST IOWA CITY IA 52246 1010163010 230 N GILBERT ST MERCY HOSPITAL 500 E MARKET ST IOWA CITY IA 52245 1010165006 229 N GILBERT ST PUBLIC SPACE ONE, INC 229 N GILBERT ST IOWA CITY IA 52245 1010164001 319 E BLOOMINGTON ST SMITH-RUST PROPERTIES L L P 1317 ROCHESTER AVE IOWA CITY IA 52245 1010164004 219 N GILBERT ST DENDRYS LLC 219 N GILBERT ST IOWA CITY IA 52245 1010164003 421 E DAVENPORT ST MCLAUGHLIN, MICHAEL T 614 PINE RIDGE RD CORALVILLE IA 52241 1010162005 415 E DAVENPORT ST COLBERT, SHAWN F 415 E DAVENPORT ST IOWA CITY IA 52245 1010162006 411 E DAVENPORT ST PRESTIGE PROPERTIES V, LLC 329 E COURT ST, SUITE #2 IOWA CITY IA 52240 1010162007 330 N GILBERT ST PRESTIGE PROPERTIES IV LLC 329 E COURT ST, SUITE #2 IOWA CITY IA 52240 1010162008 331 N GILBERT ST OLIVEIRA, MICHAEL N 329 E COURT ST, SUITE #2 IOWA CITY IA 52240 1010163001 321 E DAVENPORT ST PRESTIGE PROPERTIES DEV LLC 329 E COURT ST, SUITE #2 IOWA CITY IA 52240 1010163003 319 E DAVENPORT ST JEAN ANN DATERS TRUSTEE OF JEAN ANN DATERS INTER VIVOS TRUST 2200 FLINTSHIRE VIEW CORALVILLE IA 52241 1010163004 328 N LINN ST DOBBERSTEIN, DWIGHT A 311 E DAVENPORT ST IOWA CITY IA 52245 1010284002 324 N GILBERT ST PRESTIGE PROPERTIES IV LLC 329 E COURT ST, SUITE #2 IOWA CITY IA 52240 1010162009 325 N GILBERT ST DRAGONFLY PROPERTIES II LLC 220 LAFAYETTE ST, SUITE 160 IOWA CITY IA 52240 1010163002 326 N LINN ST DOBBERSTEIN, DWIGHT 311 E DAVENPORT ST IOWA CITY IA 52245 1010284003 318 N LINN ST DOBBERSTEIN, DWIGHT A 311 E DAVENPORT ST IOWA CITY IA 52245 1010284005 430 E BLOOMINGTON ST BLOOMINGTON STREET PROPERTIES, LLC 5 KIMBALL RD IOWA CITY IA 52245 1010162015 424 E BLOOMINGTON ST BLOOMINGTON STREET PROPERTIES, LLC 5 KIMBALL RD IOWA CITY IA 52245 1010162014 412 E BLOOMINGTON ST PRESTIGE PROPERTIES IV LLC 329 E COURT ST, SUITE #2 IOWA CITY IA 52240 1010162013 310 N GILBERT ST FOWLES, DON C 4655 RUNNING DEER WOODS NE IOWA CITY IA 52240 1010162011 322 E BLOOMINGTON ST 322 E BLOOMINGTON, LC 414 E MARKET ST IOWA CITY IA 52245 1010163007 318 E BLOOMINGTON ST LLOYD, OLIN L 5271 SIOUX SVE SE IOWA CITY IA 52240 1010163006 302 E BLOOMINGTON ST SKARDA, GARY W 2107 SLAGLE CIR IOWA CITY IA 52246 1010284006 311 N GILBERT ST PRESTIGE PROPERTIES V, LLC 329 E COURT ST, SUITE #2 IOWA CITY IA 52240 1010163009 404 E BLOOMINGTON ST PRESTIGE PROPERTIES IV, LLC 329 E COURT ST, SUITE #2 IOWA CITY IA 52240 1010162012 324 E DAVENPORT ST KOPSA, WALTER J 1514 CHURCHILL PL IOWA CITY IA 52240 1010156008 320 E DAVENPORT ST KOPSA, WALTER J 1514 CHURCHILL PL IOWA CITY IA 52240 1010156007 314 E DAVENPORT ST RUMMELHART, HUBERT L 314 E DAVENPORT ST IOWA CITY IA 52245 1010156006 312 E DAVENPORT ST KATHERINE L JOHNSON TRUSTEE OF KATHERINE L JOHNSON AMENDED & RESTATED REVOCABLE LIVING TRUST 203 W 20TH ST #4w NEW YORK NY 10011 1010283008 332 E DAVENPORT ST CLAASSEN, MARY JANE 332 E DAVENPORT ST IOWA CITY IA 52245 1010156011 404 E DAVENPORT ST LAKE & LAKE LC 1912 FLATIRON AVE IOWA CITY IA 52240 1010157013 402 E DAVENPORT ST BUXTON, JAMES B 1811 MUSCATINE AVE IOWA CITY IA 52240 1010157012 500 E MARKET ST MERCY HOSPITAL 500 E MARKET ST IOWA CITY IA 52245 1010165001 317 E BLOOMINGTON ST ARMOND & LORYNE PAGLIAI TRUSTEES OF ARMOND & LORYNE PAGLIAI REVOCABLE TRUST 6 GILMORE CT IOWA CITY IA 52246 1010289001 315 E DAVENPORT ST SCHINTLER, JOEL D 155 COLUMBIA DR IOWA CITY IA 52245 1010163005 311 E DAVENPORT ST DOBBERSTEIN, DWIGHT A 311 E DAVENPORT ST IOWA CITY IA 52245 1010284001 414 E DAVENPORT ST THOMAS R SCOTT TRUSTEE OF THOMAS R SCOTT REVOCABLE TRUST 419 E FAIRCHILD ST IOWA CITY IA 52245 1010157014 Exhibit C 315 N Gilbert St Land Management, Permitting, and Licensing Customer Self Service Portal Good Afternoon, License Number: REN02471 PATRICIA A FISHER License Details Tab Elements Main Menu License Details License Type: Residential Rental Permit - Standard District: City of Iowa City Applied Date: 07/14/2021 Account Number: Issued By: Klostermann, Tyler Period Start Date: 07/14/2021 Status: Issued Expiration Date: 09/30/2022 Description: Two story wood frame up/down duplex. Second floor has one bedroom, living room, bath and kitchen; first floor has one bedroom, living room, bath, kitchen, dining room and enclosed porch. Basement and attic are nonhabitable. Business Locations Fees Inspections Attachments Contacts Classifications More Info More Info First Tab License Details Main Menu More Info Interior Next Section Top Main Menu No. of Bedrooms 2 No. of Dwelling Units 2 Number of Rooming Units Number of Type 3 Units Fire Alarm System No Sprinkler No Rental Permit table Unit # Bedrooms Occupancy Handicap Adaptable 315 1 5 No 315.5 1 5 No Exterior Previous Section Top Main Menu Number of Parking Spaces 4 Number of Bike Parking Spaces Knox Box/Rapid Entry No Type of Parking Lot Paved Recycling City Provided Additional Information PLAN ATTRIBUTES 315 N Gilbert St Proposed Statistics Ground surface with all walls: sq ft 1852.56 Ground surface with interior walls: sq ft 1639.25 Ground surface without walls: sq ft 1542.68 Above Grade Living Area: sq ft 1410.54 Below Grade Living Area: sq ft 0 Living area: sq ft 1410.54 35% Volume: ft³12370 Perimeter: ft 155' 2 3/4" Floors 2 Rooms 9 Bedrooms 5 Bathrooms 2 Windows 118.4 Walls with opening: sq ft 5759.65 Walls without opening: sq ft 4824.42 Project creation date 2/15/2022 Label Plan Project name 315 N. Gilbert Proposed Include areas with a min. height 7' Basement (%)100 Closet (%)0 Include exterior walls No Include interior walls No FLOOR ATTRIBUTES Ground surface without walls: sq ft Ground Floor 899.35 2nd Floor 643.34 ROOM ATTRIBUTES Ground Surface: : sq ft Ground Floor Porch 31.97 Hall 31.96 Closet 7.1 Porch 85.18 Bedroom 122.87 Closet 30.59 Dining Room 152.08 Hall 53.42 Living Room 195.58 Porch 24 Bathroom 50.76 Kitchen 150.1 Closet 12.09 Closet 8.12 2nd Floor Bedroom 96.62 Bedroom 85.55 Bedroom 148.23 453.27 Bathroom 60.02 Closet 17.5 Closet 36.09 Hall 132.48 Attic lower area 48.23 Closet 20.65 493.69 1. Special Exception Special Criteria – Specific Criteria a. The proposed use will be located in a structure that was designed for a use that is currently not allowed in the zone. The proposed use meets this requirement. The house was originally designed for a single-family use and subsequently converted to a two- family (duplex) use. Neither a single-family use or two-family (duplex) use is allowed in the CB-2 District. b. The proposed use is of the same or lesser level of intensity and impact than the existing use. The proposed use meets this requirement. A single-family use is generally considered to have a lesser level of intensity and impact than a two-family (duplex) use. c. The proposed use is suitable for the subject structure and site. The proposed use meets this requirement. The house was originally designed for a single-family use, and the proposed use is to convert back to the use for which the house was originally designed. d. The structure will not be structurally altered or enlarged in such a way as to enlarge the nonconforming use. The proposed use meets this requirement. There will be no physical changes to the exterior of the house. Although there will be an addition of one (1) bedroom, this will not enlarge the nonconforming use because we are removing a kitchen and restoring it to its original intended use as a bedroom. 1. Special Exception General Criteria a. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The proposed exception meets this requirement. There will be no physical changes to the exterior of the house, and, as the special exception would be to permit a use with a lesser level of intensity and impact, there will not be any detriment or danger to the public health, safety, comfort or general welfare. b. 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. The proposed exception meets this requirement. There will be no physical changes to the exterior of the house. As such, there will not be any noticeable change that injures the use and enjoyment of other property or diminishes or impairs property values in the neighborhood. c. 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 proposed exception meets this requirement. There will be no physical changes to the exterior of the house. As such, there will not be any noticeable change that impedes the normal and orderly development and improvement of the surrounding property. d. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The proposed exception meets this requirement. The existing utilities, access roads, drainage and facilities are sufficient to support the proposed use. e. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The proposed exception meets this requirement. The existing ingress and egress are sufficient to support the proposed use. f. 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. The applicant is unaware of any other regulation or standard within the zone that would make the proposed use be out of compliance. g. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. The proposed exception meets this requirement. The proposed exception is to change a non-conforming use to a different non-conforming use within the same use category (i.e. both the current use and proposed use are within the Household Living Use Category), so there will be no change to consistency with the Comprehensive Plan. Further, the applicant’s intended future use of the property is to use for commercial purposes consistent with the CB-2 District, and the applicant merely desires to use the property for single-family use until such time as the appropriate commercial development project is discovered. Prestige Properties, LLC, 329 E Court St, Suite 2, Iowa City, IA 52240 319-512-7616 www.prestigeprop.com The legal description of the property is: Legal Description: The North 37 feet of Lot 8, in Block 57 in Original Town of Iowa City April 13, 2022 Board of Adjustment Meeting PRELIMINARY MEETING MINUTES ITEM 4 ON THE AGENDA March 9, 2022 Prepared by Staff MINUTES PRELIMINARY BOARD OF ADJUSTMENT FORMAL MEETING EMMA HARVAT HALL MARCH 9, 2022 – 5:15 PM MEMBERS PRESENT: Nancy Carlson, Gene Chrischilles, Bryce Parker (via zoom), Amy Pretorius MEMBERS ABSENT: Mark Russo STAFF PRESENT: Sue Dulek, Kirk Lehmann OTHERS PRESENT: Thomas Mentz CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Pretorius outlining the role and purpose of the Board and the procedures that would be followed in the meeting. NOMINATION AND SELECTION OF BOARD CHAIR AND VICE CHAIR: Pretorius nominated Chrischilles for Chair, Carlson nominated Pretorius for Vice Chair, Chrischilles seconded both nominations. A vote was taken and the motions passed 4-0. CONSIDER THE DECEMBER 8, 2021 MINUTES: Carlson moved to approve the minutes of December 8, 2021, Pretorius seconded. A vote was taken and the motion carried 4-0. SPECIAL EXCEPTION ITEM EXC22-0001: An application submitted by Thomas Mentz requesting a reduction in the minimum rear building setback for a legal non-conforming single-family use in a High Density Multi-Family Residential (RM-44) zone to construct an addition and off-street parking at 603 S. Dodge Street. Chrischilles opened the public hearing. Lehmann began the staff report noting this is an application to reduce a rear setback for a legal non-conforming single-family use in a high density residential zone to build an addition with off street parking. Lehmann showed a map of the subject property at 603 South Dodge Street, which is located at the southwest of the corner of Bowery Street and South Dodge Street. It is an existing single-family home and it's surrounded by a mix of single family and multifamily properties which is reflected with the zoning. For the zoning, there is low density multifamily Board of Adjustment March 9, 2022 Page 2 of 9 zoning to the north (RM-12), there's RM-44 to the east, south and west, which is high density multifamily residential, and that zoning is the same for the subject property. Lehmann pointed out one wrinkle with this application is the RM-44 zoning designation does not allow single- family uses, but the zoning code allows a lot of leeway for single family uses. The property is a three-bedroom home on a corner lot. It's got a grandfathered rental occupancy of five but only two parking spaces. This property is relatively old, built prior to the current zoning code and as mentioned previously, it's zoned RM-44 but is a legal non-conforming single-family use because it predated that zoning designation. Lehmann explained because of that it m ay be expanded if it does not extend other non-conforming situations and if occupancy increases beyond a family or group household, the property must be brought into compliance with off street parking standards. Lehmann noted with recent changes to state law, family is essentially the same as household in the zoning code. For this proposed project, the applicant wants to build an addition on the west side of the property and on the first story there'd be a two-car garage and on the second story there would be two bedrooms. This addition would bring the property’s rental occupancy into compliance with the zoning code, but the project would require a special exception to reduce the rear setback from 20 feet to 3 feet for the project to occur as proposed. Lehmann next showed the site plan that was submitted, noting the existing house is about 20 feet from the north and east property lines, about 14 feet from the south property line and about 23 feet from the west property line. Currently there is a deck on the west side which would be removed as part of the proposed project, that deck is less than 20 feet so it's in the rear setback right now. The proposed addition would replace that current deck and would require removing the existing paving, which is about 3 feet from the property line, and would repave that and expand the curb cut, so the addition could include the two bedrooms and two-car garage. Lehmann showed pictures of the property noting the new addition would run to the edge of the current driveway. He next shared the proposed elevations and floor plans that were submitted by the applicant. Again, it will be a two-car garage with two bedrooms on the upper level, there's also an additional bathroom that's on the upper story that would be part of this. In terms of the other floors, the attic has living space, but it's not a bedroom and the basement ha s the final bedroom and another bathroom. Carlson asked could the attic be made into another bedroom. Lehmann replied no, it would be restricted by the parking that's there, so the property can still only have an occupancy of five. Carlson was also wondering about the space and how much living space is required for a bedroom. Lehmann explained that depends on whether the property is owner occupied or renter occupied. If it is a rental, that is all handled with the rental permit and parking because there would only be four spaces so it would only be allowed to have an occupancy of five adults. Lehmann stated the role of the Board tonight is to either approve, approve with conditions or deny the application based on facts presented. To approve the Board must find that all applicable approval criteria are met which includes specific standards pertaining to the waiver requested and general standards that are applicable to all special exceptions. The first set of standards are the specific standards related to reducing principal building setbacks, found at 14-2B-4B-5b. The first standard is the situation is peculiar to the property in question. Lehmann stated the property has a legal non-conforming single-family use that was established before the current RM-44 zone and because of that it may be expanded because it Board of Adjustment March 9, 2022 Page 3 of 9 would not increase or extend any other non-conforming situation on the property. In addition, the expansion would not increase occupancy beyond a family or group household under the current definition in the zoning code. The lot itself is 75 by 60 feet and is a corner lot so it has front setbacks on both the north and the east. Those are 20-foot setbacks, the rear setback on the west is also 20 feet, and the side setback on the south is 10 feet. There is an existing enclosed porch that extends into that rear setback currently, and the property has a grandfathered occupancy of five, so it technically requires four off street parking spaces per the zoning code. Currently the property only has two parking spaces on a concrete pad that are 3 feet from the rear lot line. Based on this finding staff believes that it's a peculiar situation. The second criterion is that there's practical difficulty complying with the setback requirements. Lehmann noted most of the existing structure on the property sits just over 23 feet from that west/rear property line and again the existing enclosed porch extends into that rear setback area. As far as additional off-street parking, the lot really can't accommodate it without at least some sort of special exception and other locations would likely require relocating the existing curb cut or splitting parking. Therefore, staff finds that there is practical difficult to comply with the setback requirements if the amount of off-street parking has to be brought into compliance with the zoning code, based on its grandfathered rental occupancy of 5. The third criterion is that granting the setback will not be contrary to the purposes of the setback regulations. Lehmann explained the purpose of the setback regulations is to maintain light, air separation for fire protection and access for firefighting, to provide opportunities for privacy between dwellings, to promote a reasonable physical relationship between buildings and residences, and to provide flexibility to a site so that it and buildings within the vicinity are compatible. The proposed addition would be about 3 feet from that rear/west lot line, 20 feet from the front lot line to the north and 14 feet from the side lot line to the south. The proposed addition would also be about 9 feet from the building to the west which is similar to what would be allowed under normal setback regulations with a minor modification. There are other older single-family homes in the neighborhood that don't meet the setback standards. Therefore, staff believes that a reduction is consistent with the general scale and placement of structures in the area. In addition, there aren't windows facing west which would help maintain privacy for that home. So based on that staff believes it's not contrary to the purpose of the setback regulations. The fourth criterion is that any potential negative effects resulting from the setback exception are mitigated to the extent practicable. First, because the additional be 3 feet from that west property line, Lehmann stated the building code would require a 1-hour rated firewall to reduce any fire risks that would be there. In addition, there is a 20-foot driveway currently proposed which would require modified site development standards as typically it has to be 25 feet from the property line but can be reduced as long as it's 25 feet from the sidewalk. Next, there is an open space requirement for single family homes that would require 500 square feet of open space with no minimum dimension of less than 20 feet. As long as two minor modifications would be approved, staff believes that negative effects are mitigated to the extent practicable. Also windows do not face west, which helps maintain privacy, and parking on surrounding streets should improve with additional off-street parking spaces on this lot. The final specific criterion is that the subject building will be located no closer than 3 feet to a side or rear property line unless it is next to permanent open space or a public right-of-way. The proposed addition will be slightly over 3 feet from that rear lot line so that standard is met. Board of Adjustment March 9, 2022 Page 4 of 9 Lehmann next reviewed the general standards for all special exception found at 14-4B-3. The first is that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Lehmann stated the property will remain as a single family detached use, which is its current use. New off-street parking brings the property to compliance with the zoning code and improves parking for the site and surrounding area. The property currently has three bedrooms but a grandfathered rental occupancy of five, which requires four off street parking spaces in the zoning code. The proposed project would add two off-street parking spaces for a total of four spaces, two spaces in the garage and two spaces on the driveway. The proposed addition would also include 500 square feet of new living space and two new bedrooms, but that would not affect the rental occupancy of the property. The proposed project would also expand the existing curb cut but would partially utilize the existing access and would not affect surrounding properties. Finally, the proposed addition would not affect visibility at the intersection of Bowery Street and South Dodge Street as it's on the west side of the property. Therefore, staff believes this criterion is met. The second criterion is that it will not be injurious to the use and enjoyment of property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Lehmann stated abutting properties to the west and south are owned by the applicant. The proposed addition also remains far enough from the property line to avoid impacting the ability of neighbors to utilize their property and to enjoy their property, especially with retaining privacy with no windows on that side. The applicant is proposing to re-side the house and re-shingle the roof which will ensure a cohesive look between the addition and existing structure, so staff believes that this criterion is met. Third, the proposed exception will not impede the normal and orderly development and improvement of surrounding property for uses in the district or the surrounding area. Lehmann explained this is a fully developed residential neighborhood and the proposed addition would meet side and front setback requirements. In addition, the proposed addition would be set back 3-foot from the west property line with about 9 feet from the building to the west. So based on that staff believes that there's adequate space for surrounding properties. The fourth criterion is that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Again, Lehmann noted it's an already developed property, so all utilities, roads, drainage and facilities are established for the neighborhood. Pedestrian access which is along the streets to the north and east won't be affected by the proposed addition and compliance with other City standards will also be confirmed during the building permit review. So based on that, staff believes that these criteria are met. Fifth, adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Again, no changes are being proposed for existing sidewalk, but the proposed project does include expanding the driveway access on Bowery which requires an access permit to ensure compliance with the access management standards. Lehmann explained for access, the curb cut has to be 50 feet from South Dodge Street because it is an arterial street and Bowery is a collector, so they have to maintain that 50 feet and staff doesn't anticipate any issues. New pavement would improve access for cars entering and exiting the property and two additional off-street parking spaces would reduce parking demand on nearby streets and improve traffic flow nearby. Anticipated traffic would be similar to other single family uses in the City. As a result, staff believes that this criteria is met as well. Board of Adjustment March 9, 2022 Page 5 of 9 Six, except for the specific standards being considered for a special exception, in all other respects, it complies with the City Code. Lehmann reiterated this is single family detached use, which is not typically allowed in a high density, multifamily residential zone, but it's legal non - conforming and may be expanded if it does not increase or extend other non-conforming situations. In this case, that would require two minor modifications, but the project does not increase occupancy beyond a family or group household. Lehmann stated with the two minor modifications that would be required as part of this project, the first is with regards to open space at 14-2B-4E-4, which requires that open space has a minimum dimension of 20 feet. To prevent a non-conforming situation, the dimension standard must be reduced to 14 feet and staff recommends the minor modification as a condition of approval, as the minor modification means it is not considered a non-conforming situation. As for driveway length, that modification is found at 14-2A-6C-4, and there is a requirement that there be a 25-foot driveway from the garage to the right-of-way, but the proposed driveway would be 20 feet so to prevent a non- conforming situation, it must be reduced to 20 feet to the right-of-way line, which is 25 feet to the existing sidewalk. There is also a criterion for the open space modification related to it has to be an unusual situation and if the applicant have to show that they cannot meet that standard, then there's some flexibility that is allowed. Based on preliminary conversations staff believes that both of these minor modifications could be obtained but staff does recommend that they be a condition of approval. Therefore, if the minor modifications can't be attained, this application would not be able to move forward as proposed. Carlson asked about the 14 feet to the south and where the open space would need to be. Lehmann explained currently the open space can be met but with the proposed addition it would be shifted to southwest of the existing structure and the driveway would be approximately 20 feet which is large enough for conforming parking spaces but it needs to be 25 feet from the sidewalk in order to get the minor modification, which is met with the site plan that's been proposed. He added there are some additional criteria but those would need to be met and approved by staff for them to issue the minor modification, and minor modifications require public notification and an administrative hearing as well. Lehmann continued with the sixth criterion. The lot size of the subject property is less than the minimum lot size allowed within the zone, but as a single family use it's considered legal non- conforming. The minimum lot size is 5000 square feet and this lot is 4500 square feet, but it's considered conforming for the purpose of this and the property otherwise complies with maximum lot coverage, with a 35 foot maximum height, and with other minimum setbacks in the zone. In addition, those additional parking spaces will bring the property into compliance wit h the zoning code based on its current rental occupancy. The project include s expanding driveway access on Bowery and that requires an access permit to ensure compliance with those access management standards, so some changes to the access may be required as part of that process during review by engineering. Staff will confirm compliance during building permit review. Finally, the proposed exception will be consistent with the Comprehensive Plan of the City as amended. The future land use maps for the Comprehensive Plan show this as residential with 25+ dwelling units per acre and the Central District Plan shows this as high density multifamily development. However, the current land use of the property is allowed within the zoning code and will not change due to the proposed special exception. The Central Planning District does include goals to encourage reinvestment in residential properties throughout the district, and to Board of Adjustment March 9, 2022 Page 6 of 9 bring over occupied properties in compliance with current zoning regulations. Beca use this proposed project would increase parking and bring the parking in line with the rental occupancy of the property, and because it's a use that's allowed within the zoning code, staff believes that this is consistent with the City's Comprehensive and District Plans. Staff recommends approval of EXC22-0001, to reduce the rear setback requirement along the west property line from 20 feet to 3 feet for the property located at 603 S. Dodge Street, subject to the following conditions: 1. Approval of a minor modification pursuant to 14-2B-4E-4 to reduce the minimum width of the required open space from 20 feet to 14 feet. 2. Approval of a minor modification pursuant to 14-2A-6C-4 to reduce the minimum length of the driveway to the property line from 25 feet to 20 feet. Staff did get some inquiries about the project but received no correspondence with regards to surrounding property owners or concerns. Carlson noted they are reducing the open space in the southwest corner of the l ot, is this special exception allowing them to change to instead of having the open space in the backyard, they can move it to the corner of the lot area because the access from the house to that area is only by going through the garage, so is that open area going to be used. She stated a concern if they're going to agree that this area on the southwest corner of the house is going to be considered the open area to satisfy a requirement, then it should have accessibility from the house to that area. Lehmann explained as far as staff’s evaluation of the application, there are specific standards in the zoning code and staff would typically defer that to be evaluated as part of the minor modification. Pretorius asked what the definition of open space and the purpose of it is, is it really to provide somebody a yard to hang out in or is it just to set aside a certain amount of green space. Lehmann explained it's a mixture of both, it is intended to ensure an amount of private usable open space and also for health, safety, comfort, general welfare sorts of criteria that the zoning code represents. He stated then, it needs to be a usable area and that could be to sit outside, playing ball, or a variety of things, but the minimum amount for a single family use is 500 square feet, with no side less than 20 feet. The minor modification, if approved as proposed, would reduce that to 14 feet. Chrischilles asked if the Fire Department has any accessibility desires as far as amount of space and need to operate between properties. Lehmann noted that's guided by the building code and why staff is requiring a 1-hour rated firewall along the west property line. If there is less than 10 foot spacing between buildings a 1-hour firewall is required and it increases of 2- hour if there are zero feet. He added that egress requirements are typically 5 feet but there are no windows on the west side of the property. Thomas Mentz (419 West Park Road) is the applicant and first wanted to respond to Carlson’s question about the door and the plan is to move that door to the bottom of the steps in the garage so it'll be more centered on there. He also wanted to note there's no green space in any Board of Adjustment March 9, 2022 Page 7 of 9 of the properties behind his, they're all completely paved as a parking lot so he’s happy to maintain green space and this property will have more usable green space than any of the apartments surrounding it. Mentz also owns the two properties next to the subject property and he has watched this house go through multiple poor landlords so finally when he had an opportunity to get it he knew he wanted to turn a crappy three bedroom house into a really nice five bedroom house with adequate parking. Chrischilles asked the applicant if he owned all three properties around the around the corner. Mentz confirmed he did as well as a fourth property at 617 South Dodge Street and they are all student rentals that are all full. The other three are existing legal five -bedroom houses with occupancies of five, and this will bring this house up to the bar. Chrischilles asked if he intends to keep them as student rentals. Mentz stated he will rent them to whoever wants to rent so long as they're decent people. He has rented to professionals and students; he treats them all as individual rentals on joint leases with five people on each lease. Chrischilles asked if the driveway will be flattened out or will it stay at an incline. Mentz confirmed it'll be much flatter than the current driveway as it can be slippery in the wintertime. Carlson noted there will be two cars parked in the garage and two parked on the driveway, so where would the back of the cars outside be in relation to the sidewalk. Mentz replied that depends on how long the car is but most cars are probably 18 feet so that allows two feet be fore the garage door and another five feet behind the car before the sidewalk. Lehmann added the City considers a standard parking space as 9x18 feet so this driveway will be longer than the required feet for a parking space and that compact parking spaces are less than that. Carlson noted she lives in a neighborhood with rental properties and sometimes with driveways like this, kids will park across the sidewalk and let their rear end stick out. Mentz noted they can receive a ticket if they do so. Carlson noted it’s great to see someone wanting to produce rental property for students that is not the high-end luxury. She also stated she has noticed the improvements in that area and is grateful because it's a very important corner in the City. Carlson had one other comment about the garage, she has a duplex a block from her house and each side has a garage but she has never seen a car in there, the kids usually parked in the driveway or on the street and use the garage for storage or a party room. Mentz acknowledged he has been a landlord for 35 years and there's nothing that will surprise him. He has had great tenants almost 99% of the time, there's been a few problems but they’ve taken care of those. The situation regarding the parking is the same next door at 609 South Dodge where they have the potential to park over the sidewalk. When it happens, he will immediately address the problem. The tenants may not park inside the garage but there is no off-street parking there nor on Bowery so he doesn’t believe if they have a car there are going to be a lot of options other than to put it in the garage. Carlson noted it's great to see a project come across that is aimed at students that is not just for the top privileged of the student body. The other thing about this house is because it has two bedrooms with a little pocket bathroom on the first floor and one of the basement it could revert back to a family house if someone wanted it to. Board of Adjustment March 9, 2022 Page 8 of 9 Chrischilles closed the public hearing. Chrischilles asked for a motion so the Board could open discussion. Pretorius recommends approval of EXC22-0001, to reduce the rear setback requirement along the west property line from 20 feet to 3 feet for the property located at 603 S. Dodge Street, subject to the following conditions: 1. Approval of a minor modification pursuant to 14-2B-4E-4 to reduce the minimum width of the required open space from 20 feet to 14 feet. 2. Approval of a minor modification pursuant to 14-2A-6C-4 to reduce the minimum length of the driveway to the property line from 25 feet to 20 feet. Carlson seconded the motion. Pretorius stated regarding agenda item EXC22-0001 she does concur with the findings set forth in the staff report of this meeting date, March 9, 2022 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. Chrischilles seconded the findings of fact. Carlson noted as she went through the findings, she found that lots with the same single detached uses require at least 500 square feet of usable open space in the rear yard and so on but this is a really unusual situation. Again, she is grateful that the applicant and the City has worked to come up with a solution to meet what needs to be done so that this can be developed. A vote was taken and the motion passed 4-0. Chrischilles 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. BOARD ANNOUNCEMENTS: Lehmann noted the next meeting is April 13, there are a few applications in the works for that meeting. Additionally, staff has some potential minor changes to the bylaws but he will probably wait for a light agenda down the line for those as it's nothing that's needed urgently or anything (just typos, addressing the Planning Division name change, and things like that). ADJOURNMENT: Carlson moved to adjourn this meeting, Parker seconded, a vote was taken and all approved. Board of Adjustment March 9, 2022 Page 9 of 9 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2021 - 2022 NAME TERM EXP. 7/14 8/11 9/8 10/13 12/8 3/9 CHRISCHILLES, GENE 12/31/2022 O/E X X X X X PARKER, BRYCE 12/31/2024 X X O X X X PRETORIUS, AMY 12/31/2023 X X X X X X CARLSON, NANCY 12/31/2025 X X X 0/E X X RUSSO, MARK 12/31/2021 X X X X X O/E Key: X = Present O = Absent O/E = Absent/Excused -- -- = Not a Member