Agenda - Planning Commission - 09/06/2018

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July 10, 2018 I Volume 12 I Issue 13 Zoning Bulletin IOWA (05/25/18)—This case addressed the issue of the interpreta- tion of Iowa Code section 414.15, which requires a petition for writ of certiorari seeking review of a decision of a city zoning board of adjust- ment to be filed in district court "within thirty days after the filing of the decision in the office of the board." Specifically, the case addressed "when is a decision `filed in the office of the board' " under Iowa Code section 414.15 thus triggering the 30 day time period. The Background/Facts: In March 2014, the Zoning Board of Adjustment ("ZBA") of the City of Davenport (the "City") issued a special use permit to Tiny Tots Learning Center ("Tiny Tots") to operate a daycare facility at leased premises. Within a year, Tiny Tots closed its doors. The property then stood vacant until July 2016 when Mz. Annie-Ru Daycare Center ("Annie-Ru"), a new lessee of the premises, opened a daycare at the same location. Although Annie-Ru supervised more children and was open for longer hours than Tiny Tots, the City's Zoning Administrator determined that the special use permit issued to Tiny Tots "[ran] with the land." Therefore, Annie-Ru was allowed to operate without having to apply for and obtain a new special use permit. Nearby residents (the "Residents") challenged Annie-Ru's right to operate. They appealed the Zoning Administrator's decision to the ZBA. They argued that Tiny Tots' special use permit was not transferrable to Annie-Ru. City staff disagreed with the Residents' argument, and determined thatAnnie-Ru was "entitled to operate under the provision of the Special Use Permit issued to Tiny Tots." At an October 13, 2016, meeting, the ZBA upheld the City staff's recommendation. Minutes from that meet- ing were posted on the City's website and then approved on October 27. The Residents then filed a petition to revoke Annie-Ru's special use permit. At its December 8 meeting, the ZBA unanimously voted against revoking the special use permit. Those meeting minutes were posted on December 19 and approved at a December 22 meeting, the minutes of which were not posted on the City's website until January 6, 2017. On January 25, the Residents filed a petition for writ of certiorari in district court, challenging the ZBA's October 13, 2016 and December 8, 2016 decisions. The City asked the court to dismiss the Residents' petition for certio- rari as untimely because the petition was "not filed within thirty days" of the challenged decisions. The City pointed to Iowa Code section 414.15, which requires a petition for writ of certiorari seeking review of a decision of a city zoning board of adjustment to be filed in district court "within thirty days after the filing of the decision in the office of the board." The Residents argued that the petition for certiorari was timely because "a signed written decision with factual findings was necessary 6 © 2018 Thomson Reuters