Iowa City Board of Adjustment denies variance that would have made narrow Kimball Road lot buildable

The Iowa City Board of Adjustment on July 22 denied an area variance request (VAR-26-0003) that would have reduced the minimum lot width for parcel 1003451013 on Kimball Road from 50 feet to 49 feet 5 inches. The motion to approve the variance failed on a roll call vote.

Planner Lisa Schroer presented the staff recommendation and told the board that, following a change in ownership, staff found the practical-difficulty criterion was not met and "Staff recommends denial of VAR 26-0003 to allow for reduced minimum lot width" for the Kimball Road parcel. The board and city attorney discussed whether a subsequent purchaser's knowledge of a preexisting problem constitutes a self-created practical difficulty under the governing legal standard. The city attorney advised that because the predecessor in title created the issue and the new owner had actual knowledge before closing, that typically counts as self-created.

Applicant Michael Spear said he purchased the lot quickly and disputed that he had created the problem, telling the board he "didn't feel I self create created the problem." Neighbors opposed the variance, citing survey inaccuracies, potential maintenance and runoff problems, and neighborhood character impacts. A board member who opposed approval said, "The law states 50 feet," and emphasized the board is bound by the criteria it must apply.

After discussion, the board took a roll call vote on the motion to approve; the motion failed and the chair announced the motion is denied. The chair also informed the public that anyone wishing to appeal the decision to a court of record may do so within 30 days after the decision is filed with the city clerk's office.

The denial leaves the parcel without a variance to build under the existing lot-width standard; the applicant may pursue administrative or legal options, including appeal.