HomeMy WebLinkAboutA001 - Council Action Form dated August 2, 1988 35
ITEM #:
DATE: 08/02188
COUNCIL ACTION FORM
SUBJECT:
Motion to Set August 23, 1988, as the date of Public Hearing for an
Amendment to Sections 29.90) and 29.16 of the City of Ames Zoning
Ordinance Regarding Notice to Occupants.
BACKGROUND:
In 1987, the Zoning Board of Adjustment amended their Bylaws to delete
the notice requirement for OCCUPANTS of land within 200 feet of the site
for which a Special Permit has been applied for under Sections 29.9(5) and
29.16. The notice requirement remained for PROPERTY OWNERS.
Section 29.9(5) reads as follows:
"Sec. 29.9. APPLICATION OF DISTRICT REGULATIONS.
(5) Not more than two (2) buildings shall be permitted on any lot,
tract, or parcel of land until the same has been platted in
accordance with the laws of the State of Iowa; and, no principle
building shall be permitted on any lot formed by the process of
dividing a lot of record or putting together pieces or parts of
platted lots of record except pursuant to a special permit issued
by the Zoning Board of Adjustment after notice mailed to all
owners AND OCCUPANTS of land within two hundred feet of the
site, hearing, and finding that issuance of the permit will not
contribute excessively to any adverse effect on infrastructure,
city services, traffic and parking, or property values in the
locale. Special protective conditions may be imposed and the
Board shall call for and consider the evaluation and opinions of
the City's professional staff in making its decision."
NOTE: Amendment of this section would delete the reference to occupants
(capitalized above).
The first paragraph of Section 29.16 reads as follow:
"Sec. 29.16. R-2, LOW-DENSITY RESIDENTIAL DISTRICT.
This district is established to accommodate single and two family
dwellings and other uses customarily found in existing low-density
residential areas. Provided, however, that in developed, built up
areas which are subject to these district regulations, no permit shall
be issued to convert a single fw0y structure to a two family use, or
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to construct a two family building on a lot of record that bears
' another residential structure except by means of a special permit
issued by the Zoning Board of Adjustment after mailed notice to
owners AND OCCUPANTS of land within two hundred feet of the site,
hearing, and a finding that issuance of the permit will not contribute
excessively to any adverse effect on the infrastructure, city services,
traffic and parking, or property values in the locale. Special
protective conditions may be unposed and the Board shall call for and
consider the evaluation and opinions of the City's professional staff in
making its decision."
NOTE: Amendment of this section would delete the reference to occupants
(capitalized above).
ANALYSIS:
The Zoning Board of Adjustment decided not to continue the policy of
notifying "occupants" for two reasons:
1. Very little response has been received from the occupants of
property during the years this provision has been in effect; and
2. The applicants have had difficulty in determining the names of
the occupants of property within 200 feet.
The Planning and Zoning Commission reviewed this request at their meeting
of July 20, 1988, and recommended that it be approved.
ALTERNATIVES:
1. The City Council can approve of the proposal to amend Section
29.9(5) and Section 29.16 by deleting the notice requirement for
occupants within 200 feet of the site for which a Special Permit
application has been received and set August 23, 1988, as the date of
Public Hearing for the request.
2. The City Council can deny approval of the proposal to amend Section
29.9(5) and Section 29.16 by deleting the notice requirement for
occupants within 200 feet of the site for which a Special Permit
application has been received.
3. The City Council can refer the request back to City staff for
additional information.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt
Alternative 01. This will approve of the amendment to Section 29.9(5) and
Section 29.16 and set August 23, 1988, as the date of Public Hearing on
this amendment.
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