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