Becker v. Dall. Ctr. Bd. of Adjustment

• Court: Iowa Court of Appeals
• Writing for the Court: VAITHESWARAN, PRESIDING JUDGE.
• Docket Number: 22-0584
• Decision Date: 24 May 2023
• Citation: Becker v. Dall. Ctr. Bd. of Adjustment, 22-0584 (Iowa App. May 24, 2023)
• Parties: JULIE BECKER, Plaintiff-Appellant, v. DALLAS CENTER BOARD OF ADJUSTMENT, Defendant-Appellee.

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JULIE BECKER, Plaintiff-Appellant, v. DALLAS CENTER BOARD OF ADJUSTMENT, Defendant-Appellee.

No. 22-0584

Court of Appeals of Iowa

May 24, 2023

Appeal from the Iowa District Court for Dallas County, Terry Rickers, Judge.

Julie Becker appeals the district court's denial of her petition for writ of certiorari regarding an exception to a zoning ordinance authorized by the Dallas Center Board of Adjustment. AFFIRMED.

Julie A. Becker, Dallas Center, self-represented appellant.

Sean M. O'Brien, Nicci M. Ledbetter, and Benjamin J. Kenkel of Bradshaw, Fowler, Proctor &Fairgrave, P.C., Des Moines for appellee.

Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.

VAITHESWARAN, PRESIDING JUDGE.

Jeff and Karmen Weddle converted a church to a single-family residence. In time, they sought an exception to the Dallas Center zoning ordinance to allow commercial use of their home as a "small gathering space" for various community events such as bridal and baby showers and class reunions. Their next-door neighbor, Julie Becker, objected. Following a public hearing, the board of adjustment granted the exception.

Becker filed a petition for writ of certiorari challenging the board's decision. The case was submitted to the court on a stipulated record, with both sides making written and oral arguments. The district court concluded the board "did not act illegally in granting the exception."

On appeal, Becker argues (1) the board lacked authority to grant the exception and (2) the board erred in concluding there was sufficient parking available to accommodate commercial activities.

A city is "empowered to regulate and restrict the . . . use of buildings . . . for trade, industry, residence, or other purposes." Iowa Code § 414.1(1)(a) (2020). Dallas Center did so. As authorized by statute, the city passed an ordinance creating single-family residential districts. See id. § 414.2; Dallas Center, Iowa, Zoning Code §§ 165.04, 165.33. Among the "[p]rincipal [p]ermitted [u]ses" were "single-family dwelling[s]" and "[c]hurches and similar places of worship." Dallas Center Zoning Code § 165.33(1)(A) (B).

Also pursuant to statute, the city created a board of adjustment. See Iowa Code § 414.7(1); Dallas Center Zoning Code § 165.13(1). Boards of adjustment are authorized "[t]o hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance." See Iowa Code § 414.12(2); see also id. § 414.7(1) (authorizing boards to "make special exceptions to the terms of the ordinances"). Dallas Center granted the board power:

To permit exceptions to the District regulations set forth in this chapter, provided [(1)] all exceptions shall by their design, construction and operation adequately safeguard the health, safety and welfare of the occupants of adjoining and surrounding property, [(2)] shall not impair an adequate supply of light and air to adjacent property, [(3)] shall not increase congestion in the public streets, [(4)] shall not increase public danger of fire and safety, and [(5)] shall not diminish or impair established property values in surrounding areas.

Dallas Center Zoning Code § 165.13(4)(C).

The district court cited these provisions in concluding the board "was within its jurisdiction and authority to grant the [Weddles'] request for an exception."

Becker argues the special use permit "approved and issued to" the Weddles "was NOT for any 'special use' specified in the city ordinances . . . and the 'terms and conditions' placed on this 'special use permit' . . . are nowhere to be found." She bypasses the cited authority and focuses instead on a provision titled "special uses." See Dallas Center Zoning Code § 165.40. That provision applies to uses with "characteristics of such unique and special form as to make impractical their being included automatically in any classes of use as set forth in the various Districts," such as "[c]rematories and funeral homes." The Weddles' home was indisputably a single-family dwelling within a single family residential district. See id. § 165.33. Section 165.40 is inapplicable.^[1] Because it is inapplicable, we need not confront Becker's attempt to distinguish the "exception" language of section 165.13(4)(C) from the "special use" language of section 165.40. We conclude the district court did not err in determining that the board had authority to grant the Weddles an exception pursuant to Iowa Code sections 414.7(1) and 414.12 and Dallas Center Zoning Code section 165.13(4)(C). See Trailer City, Inc. v. Bd. of Adjustment of City of Council Bluffs, 218 N.W.2d 645, 648 (Iowa 1974) ("The action of the trial court has the effect of a jury verdict and is appealable to us on assigned errors only.").

We turn to Becker's assertion that the board should have required off-street parking. The Weddles preliminarily respond that Becker failed to preserve error. We disagree.

The adequacy of parking arose during the board proceeding and was addressed by the board. Specifically, the board found, "The schematic drawing of the property provided by the Weddles shows off-street parking available on the west side of the residence, as well as on-street public parking on the north side of Walnut Street. Other parking is available in the vicinity of the Weddles' property." In granting the exception, the board imposed the following caveat: "Nearby streets may not be blocked by parked vehicles." On certiorari, the district court observed that "[t]he discussion of any traffic congestion and parking continue[d] throughout the meeting." The court addressed the parking question as follows:

Becker further contends that the Board did not explicitly reference the off-street parking and loading area requirements as outlined in [Dallas Center Zoning Code] section 165.41 ....

Even though the Board did not explicitly cite [Dallas Center Zoning Code] section 165.41 for the mandatory off-street parking spaces,

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