Agenda - Planning Commission - 05/01/2008

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April 25, 2008 I Volume 21 No.8 Special Exception-City approves special exception to zoning regulations for transient housing in commercial district Neighboring landowners challenge the approval, arguing the special use would diminish their property values Citation: Bontrager Auto Service, Inc. v. Iowa City Bd. of Adjustment, 2008 WL 616105 (Iowa 2008) IOWA (03/07/08)-Shelter House Community Shelter and Transi, tion Services (Shelter House) was a nonprofit corporation that oper' ated transient housing in the city. Shelter House sought a special ex, ception from the city's zoning regulations so that it could to build a new facility for transient housing at a site (the Property) zoned inten- sive commercial, which permitted transient housing by special excep- tion. Following a public hearing, the city's Board of Adjustment (the board) approved the special exception. Neighboring landowners (the neighbors) then challenged the ap- proval of the special exception. They claimed: (1) there was insufc ficient parking on the Property in violation of the city's zoning code; (2) ) the board's findings of fact were in violation of the zoning code because they were inadequate in that they failed to find that tran- sient housing would not substantially diminish or impair property values in the neighborhood; and (3) the board acted in violation of the city's zoning code when it arbitrarily and capriciously granted the special exception since the evidence showed that the transient housing would substantially diminish or impair the property values in the neighborhood. The court reversed the board's decision. In doing so, the court held that the board had not correctly interpreted the parking'space re- quirements of its zoning code, since it approved the special exception on the basis of a need of eighteen parking spaces when twenty,two parking spaces would be needed. Despite the board's failure to spe- cifically address the standard of property values, the court concluded that the board substantially complied with the zoning code require, ment that the board make written findings of fact on the property value issue. However, the court found that the board's grant of the special exception was in error because Shelter House failed to show the transient housing would not substantially diminish or impair property values in the neighborhood. The board and Shelter House, which had intervened in the action, appealed (hereinafter collectively, "the board"). 9 39