Iowa City Board of Appeals upholds permit for 319 N. Van Buren in 2-1 vote after neighbor’s sewer dispute

Iowa City’s Board of Appeals voted 2‑1 on Jan. 15, 2025, to uphold a building permit for a new residence at 319 North Van Buren Street after a neighbor, David Moore of 425 East Davenport Street, appealed on grounds that the foundation was built over his sewer line and violated the city plumbing code.

The appeal centered on whether the city erred in issuing the permit when Moore’s attorney, Greg Girdis, said the sewer for 425 runs under the footprint of the new foundation and that the International/City plumbing code’s Table 721.1 requires a minimum horizontal clearance of 2 feet between a building and a building sewer. “What we're asking in a nutshell is that the separation which is required by the building code … be enforced,” Girdis told the board.

City attorney Sue Dulick told the board the record contains no recorded easement and no court‑issued prescriptive easement for Moore’s sewer to cross 319. “There is no recorded easement, and there's no prescriptive easement,” Dulick said, and she argued the plumbing code provision cited by the appellant applies to building sewers on the lot of the new building and to abutting lots only, not to non‑abutting properties.

The property owners’ attorney, Matt Adam, urged the board to base its decision on the code and the evidence before it, saying no one had produced proof of the pipe’s exact location. “We don't know where this thing is. No one has provided any evidence as [to] this location,” he said, and he argued the code sections cited apply to the design and installation of a new building sewer rather than to pre‑existing piping in the ground.

A contractor who worked near the excavation, Doug Fisher, told the board he inspected the site and did not see clear evidence of an old trench or exposed pipe where the foundation was excavated, and he recommended a camera locate as a low‑cost way to determine the line’s depth and horizontal position. “You push it down. You can get the depth. You can get exactly where it is,” Fisher said.

Board legal counsel advised members that their review was limited to whether the building official erred in issuing the permit under the code, and reminded the board that issuance of a building permit is generally a ministerial act when the applicable code requirements have been met. Several board members said the record before them left the underlying location of Moore’s sewer uncertain and that the plumbing code cited by the appellant appeared to apply to new building sewers or to abutting lots.

After discussion, a motion to reverse the building official’s issuance of the permit failed for lack of a second. A subsequent motion to affirm the building official and uphold the permit carried on a 2‑1 roll call: Commissioner Carr and Chair Andrew Martin voting yes; Commissioner Thomas McInerney voting no. The board did not order removal of the foundation or require a specific remedy; the permit stands.

Board members and attorneys suggested next steps for the neighbors: perform a camera locate to establish the sewer’s exact location and then negotiate an easement or reroute if necessary. The record shows the city sent a notice about the possible sewer crossing to Moore on Oct. 8, 2024, and that the building permit for 319 was issued Nov. 22, 2024; parties debated whether those dates gave enough time for the neighbors to resolve the issue before excavation began.

Because the board limited its review to whether the permit issuance contravened the city plumbing code, it did not decide property‑rights issues such as prescriptive easements; Dulick noted that establishing an unwritten prescriptive easement would require separate court action. The board encouraged the parties to obtain a camera locate and to negotiate privately before pursuing further legal remedies.

Votes at a glance

- Elect chair: Andrew Martin — elected by voice vote (ayes recorded from Carr, McInerney, Martin). Outcome: elected. - Elect vice chair: Thomas McInerney — motion and vote recorded as passing. Outcome: elected. - Approve minutes (June 5, 2023): motion moved and seconded; unanimous aye. Outcome: adopted. - Appeal of building permit at 319 N. Van Buren: Motion to reverse issuance failed (no second). Motion to affirm building official’s issuance of permit passed 2‑1 (Carr: yes; Martin: yes; McInerney: no). Outcome: permit upheld.

Why it matters: The case highlights recurring issues in older neighborhoods where century‑old sanitary lines may cross multiple modern lots. The board’s decision leaves remedies for potential sewer interference to private negotiation, further administrative review, or courts rather than resolving ownership or easement claims in this hearing.

What’s next: The permit remains in effect while the parties pursue a camera locate and potential negotiation over rerouting or easement. The board suggested that locating the sewer would clarify responsibility for any future repair or rerouting costs and urged the parties to attempt to resolve the issue without further litigation.