Neighbors fail in attempt to reverse Kinnick House decisions

IOWA CITY - Neighbors of the proposed Kinnick-like house failed to get help from another board Wednesday.

In the latest attempt to stop the 7,500-square-foot structure from being built, the Neighbors of Manville Heights Association appealed to the Board of Appeals a determination by city officials that the proposed house is in compliance with certain plumbing and fire codes. The board voted 3-2 on Wednesday night to uphold the city's decision on a sewer issue and 5-0 to uphold staff members' decision on the fire code.

'The city, of course, has to adhere to the ordinances in place, which are there to protect everybody,” said board member Jim Walker said. 'I don't see how they could be required to do what (the neighbors are) asking them to do because they want to build on a legal lot.”

The appeal came after the Board of Adjustment opted Sept. 30 not to overturn the city's classification of the proposed building as a single-family residence. The neighbors since have appealed that issue to district court, which is expected to be heard later this month.

The house proposed by landowners Frederic Reed and Sandy Carlson for 101 Lusk Ave. was designed with an exterior to look like the University of Iowa's Kinnick Stadium. Inside the house, plans call for an athletic court, men's and women's bathrooms and a courtyard, among other features.

Neighbors fear it will be used as a party venue, but the Carlsons, of Decorah, said it will be for family gatherings.

The Iowa City Board of Appeals consists of five members, including a licensed electrician and plumber as well as an HVAC professional, a building design professional and a representative of the Home Builders Association of Iowa City.

The members are Walker, John Forman Gay, Scott McDonough, John Roffman and Andrea French.

Jim Larew, attorney for the neighbors, said that while they are disappointed in the Board of Appeals decision, they still plan to fight in court.

'These are neighbors that sincerely believe this is not a project that belongs there,” Larew said.

Karin Southard, the president of the Neighbors of Manville Heights Association, declined to comment.

Bob Hatala, an attorney representing the Carlsons, said he imagines his clients, who were not in attendance, would be relieved they cleared the Board of Appeals hurdle. He added that he is unaware of any stay on construction at the property and did not know when his clients would begin construction.

The house at 101 Lusk Ave. is connected with two neighboring properties by a private 1927 sewer. No easement exists between the neighbors, but city officials argue the sewer was legally connected when it was built and the sewer issue doesn't have to surface until the house receives a certificate of occupancy.

Hatala said while his clients do not want to necessarily give up their right to an easement now, he doesn't think new house would use the private sewer; rather, it would connect the property to one of two close access points to the public sewer.

The neighbors also questioned whether the Carlsons should have to pay to install an emergency vehicle turnaround at the end of Lusk, which is a dead-end street. Other fire code concerns were cited. Roger Jensen, deputy fire chief, said a provision in the fire code allows fire officials to make exception to this turnaround rule, and the city often does it for new buildings in old neighborhoods.

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