Lawsuit against Kinnick-style house dismissed
After a monthslong effort to prevent a nearly 7,500-square-foot home modeled after Kinnick Stadium from being built, neighbors say they will not appeal last week's dismissal of their lawsuit against its construction.
Judge Ian Thornhill on March 16 dismissed the case, ruling that the Board of Adjustment was correct in upholding city staff's decision to issue a building permit this past June for the building. The Neighbors of Manville Heights Association has said, in part, that the building is designed as an entertainment venue.
Work on the building at 101 Lusk Ave. halted after a January court hearing during which the Decorah couple planning to build the home, Reed and Sandy Carlson, voluntarily agreed to stop construction until the lawsuit was resolved. The suit was one of three filed by the Neighbors of Manville Heights Association against the home.
Two of the suits were dismissed, but Thornhill allowed the case against the city's Board of Adjustment, challenging the board's split decision on the neighbors' appeal against city staff's decision to issue a building permit, to continue.
Since this past June, neighbors have been working to stop construction of the home through multiple Board of Adjustment hearings, a Board of Appeals hearing and the resulting lawsuits. Neighbors, generally, have contended that city staff should not have permitted the home because of its size and design, and argued that it would be used as an entertainment venue rather than a home. Neighbors also contended that the building's design does not comply with International Fire Code, which requires service vehicle turnarounds, that it does not have a properly planned sewer connection and is too close to a sensitive slope.
In his 23-page ruling, citing testimony gathered during the Board of Adjustment meetings, Thornhill concluded that the board's 2-2 vote, which upheld city staff's decision to issue a building permit to the Carlsons, was valid.
Jim Larew, the attorney representing neighbors in the suit, said there is no plan to appeal the decision.
"Neighbors respectfully disagree with the ruling and believe city code has been enforced in ways with which they strongly disagree," Larew said.
The Carlsons could not immediately be reached for comment.
PREVIOUSLY: Couple plan to replicate Kinnick in 7,500-square-foot house
Karin Southard, an organizing member of the neighborhood association, said she was disappointed with the dismissal and pointed to comments made by Board of Adjustment Chairman Larry Baker during the board's ruling in September.
"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 during that meeting. "If the city's decision is upheld, not one single neighborhood in this community is safe from such development."
During those meetings, the Carlsons said the building would be used only as a home and, when applying for the permit, submitted to the city an affidavit attesting that they will use the building as a single-family home and that any tailgating activities done on the property will abide by city code for single-family properties.
PREVIOUSLY: Board hears from Kinnick-style house property owner
"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," Reed Carlson said during the Sept. 21 Board of Adjustment 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.