HomeMy WebLinkAboutA006 - notification from City Attorney of written protest filed requring five votes to enact �i""'Ei OF
ITY AMES IOWA 50010
C
ALL-A AEFOCA CITY
1982-1983
October 22, 1990
The Honorable Larry R. Curtis, Mayor,
and Members of the City Council
of the City of Ames, Iowa
Re: Proposed Rezoning — Prairie View West
Written Protest by Owners
Dear Mayor Curtis and Council Members:
With this is a copy of written protest filed by the owners with respect to
the proposed rezoning of the "Prairie View West" site.
Section 414.5, Code of Iowa, provides:
"In case, however, of a written protest against a change or
repeal which is filed with the City Clerk and signed by the
owners of Twenty percent or more of the area of the lots in—
cluded in the proposed change or repeal . . . the change or
repeal shall not become effective except by the favorable vote
of at least three—fourths of all the members of the Council ."
Therefore, five votes will be required to enact either of the proposed alter—
natives for rezoning the Prairie View West site.
Yours truly,
yti /��1 OC�C.E3- -
John R. Klaus
City Attorney
JRK:gmw
Attachment
cc: Brian O'Connell
Steve Schainker
Dave Benson
John L. McKinney
AMES - THE CENTER OF IT ALL
PROTEST TO PROPOSED AMENDMENT TO ZONING ORDINANCE
Pursuant to Sections 29 . 70 and 29 . 73 , of the Ames
Municipal Code, the undersigned hereby file this written
protest against the proposed amendment to the Zoning Or-
dinance and Zoning Map of the City of Ames, Iowa, as it af-
fects the real estate described as follows:
All that part of the Southwest Quarter of the
Northwest Quarter of Section 34, Township 84 North,
Range 24 West of the 5th P.M. , in the City of Ames,
Iowa; located West of the First Addition of Prairie
View Subdivision, and more particularly described
as follows: Beginning at the Southwest Corner of
the Southwest Quarter of the Northwest Quarter (SW
1/4 NW 1/4) of Section 34, Township 84 North, Range
24 West of the 5th P.M. , in the City of Ames, Story
County, Iowa; thence N 89 ° 14 ' 35" E, 669 . 64 feet
along the South line of the Northwest Quarter of
said Section 34 ; (the next 4 calls are along the
West line of the First Addition of Prairie View
Subdivision) thence North 149 . 20 feet; thence N
12 *2114511 E, 61.42 feet; thence North 135. 00 feet;
thence West 322 .73 feet; thence North 989 .84 feet;
thence S 89 * 3313511 W, 360 . 00 feet along the North
line of the Southwest Quarter of the Northwest
Quarter (SW 1/4 NW 1/4) and along the centerline of
24th Street; thence South 1, 340. 13 feet along the
West line of the Southwest Quarter of the Northwest
Quarter (SW 1/4 NW 1/4) , to the point of beginning
(consisting of approximately 13 acres) .
The undersigned constitute all of the owners of said
real estate. Said real estate is currently designated as
being in the R-3 Zone (Medium Density Residential District) .
It has been proposed to amend the zoning ordinance to place
said real estate in the R-2 and R1-6 Zones (Low Density
Residential District) .
C'
Signed on / 7 1990.
BROAD O `LNTERPRISES, INC. MID-LAND RESIDENTIAL
VENTURES, INC.
BY: BY:e�_l /19-4�— -
�.
RICHARD BLISS, Pres. & Treas. NANCY C. SEITZ, Vice- res.
PHIL COY & SONS, a Partnership
BY: Q211 cf�k
artner
SMITH, NUTTY, SHARP, BENSON & JAHN
ATTORNEYS AT LAW
DONALD L.SMITH 618 DOUGLAS-P.O.BOX 270-AMES,IOWA 50010
JOHN E.NUTTY FILED TELEPHONE:515-232-1471
DALE E.SHARP ___ FAX:515-232-0137
DAVID W.BENSON -' �
LAWRENCE E.JAHN OCT 2 2 IJJV WRITER'S DIRECT DIAL NUMBER
TELEPHONE:515-233-5388
.�i October 22 , 1990
CITY CLERK
CITY Of AMES,IOWA
Nancy Dionigi, City Clerk
Ames City Hall
6th and Clark
Ames, Iowa 50010
RE: Rezoning Hearing for Prairie View West
City Council Meeting, October 23 , 1990
Dear Nancy:
Enclosed is the protest of the property owners for the
public hearing scheduled for tommorrow night's city council
meeting. This protest is filed pursuant to Sections 29 . 70
and 29 .73 of the Ames Municipal Code.
Very truly yours,
SMI , NUTTY, SHARP, BENSON & JAHN
C,
DAVID W. BENSON
Attorney at Law
DWB/xy
PC Brian O'Connell
Steve Schainker