Board of Adjustment split on Kinnick house decision

Iowa City's Board of Adjustment came to a split decision on a neighborhood appeal of building permits issued for a Kinnick Stadium-style house, but board members say the final decision likely is not theirs and recommended that the city revisit its zoning code and processes.

At a special meeting Friday evening, board members voted 2-2 on an appeal from the Neighbors of Manville Heights Association, asking the board to rescind building permits for the nearly 7,500-square-foot building planned for 101 Lusk Ave., a dead end street in the Manville Heights neighborhood.

Associate Planner Sarah Walz, a staff contact for the board, said in an interview earlier this week that a tie leaves city staff's decision unchanged.

"I suspect that the final interpretation of the law is not in the hands of this board. It will be adjudicated elsewhere. The city insists that it is obeying the law, others will resolve that," Board Chairman Larry Baker said during the meeting.

Baker and member T. Gene Chrischilles voted in favor of the Manville Heights neighbors' appeal. Members Becky Soglin and Tim Weitzel voted against.

Board member Connie Goeb, who spoke out against the house at an Iowa City Council meeting this past summer, recused herself from the discussion and decision.

Soglin and Weitzel said during the meeting that while the home could be used for tailgating, the city does permit the use and decided the building was correctly designated a single-family home by city staff, regardless of its design.

Chrischilles, though, said that the information presented at the two previous meetings and provided by city staff highlights inconsistencies in the city's zoning code.

"I felt that the zoning code constantly shackled our opinions," Chrischilles said during the meeting. "I would strongly hope that the city would use this case as a springboard to look at and bring to the zoning board additions and amendments to its rules and regulations such that something like this isn't ambiguous if it comes up again."

PREVIOUSLY:

• Couple plan to replicate Kinnick in 7,500-square-foot house
• Board hears from Kinnick-style house property owner
• Decision on Kinnick house postponed by Board of Adjustment

The appeal was brought by the Neighbors of Manville Heights Association and property owners on Lusk Avenue, Bayard Street and Rowland Court, who cited the home's large size, the potential for large parties, as well as concerns with drainage, fire safety, sewer system easements and other concerns as reasons the house should not be built.

The home is designed as a 7,476 square-foot home shaped like Kinnick Stadium, complete with brick siding and a replica of the press box.

Baker said that in talking with city staff he had learned that the only restriction on how many bedrooms, bathrooms and other amenities in a given home is the size of the parcel. Citing the city's definition of a dwelling — any habitable room or group of rooms intended for living, cooking, eating and sleeping — the city determined it had no other choice but to issue building permits.

In its arguments during the hearing, Baker said, the city was highlighting its limited power.

"The city is admitting that it has no power to stop this structure at this site, nor any power to prevent any worse ... abominations in any other residential zones in Iowa City," Baker said. "If the city's decision is upheld, not one single neighborhood in this community is safe from such development.

"But the city has a compelling rebuttal to my conclusion: They were following the letter of the law," Baker added.

Brian Fagan, an attorney representing property owners Reed Carlson and his wife, Sandy, said he had no comment after the meeting.

Karin Southard, an organizing member of the neighborhood association, said after the meeting that neighbors would continue to fight the "razor thin" decision.

"The most important thing, I think, is that (the board) had a very narrow charge and there's overwhelming problems in other areas," she said, adding that "We're not done yet."

PREVIOUSLY:

• Permit for Kinnick-style house appealed to Board of Adjustment
• Neighbors continue to protest Kinnick-style house
• UI will not intervene on Kinnick house design

At the board's second hearing, Reed Carlson gave board members a room-by-room tour of the home. At that meeting, he said any gatherings at the house during football games would be with his family and that they would be held in the courtyard, shielded by the brick walls of the home.

"We have no desire to rent out our house in whole or part, or to turn it into a bed and breakfast. We do plan to celebrate many of the events that families do together," he said at that meeting. "Yes, we plan to tailgate like many others in Iowa City as permitted by the city code, and respect our neighbors in the neighborhood. The house's design keeps us contained almost exclusively within the walls of the house and out of sight."

Reach Andy Davis at 319-887-5404 or at aldavis@press-citizen.com, and follow him on Twitter as @BylineAndyDavis.