HomeMy WebLinkAboutA017 - letter dated November 29, 1990 from attorney for United Bank and Trust GOODWIN & SEDG WICK
ATTORNEYS AT LAW
NOT A PARTNERSHIP
ROBERT W. GOODWIN, P.C. 31 1 LINCOLN WAY
GLENN C. SEDGWICK AMES, IOWA 50010
(51 5) 232-7390
FILED
November 29 , 1990
NOV 3 01990
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Mayor and City Council CITY CLERK
City of Ames Cnr OF on
515 Clark Ave .
Ames, Iowa 50010
RE: Bandshell Neighborhood Rezoning Request
Honorable Mayor and City Council Members:
I am attorney for United Bank & Trust concerning its property at
722 Crawford. That property and its neighborhood has been zoned
for multiple family dwellings since at least 1965, or for more
than 25 years . On November 25 , 1986 the property was mortgaged
to UB&T by two individuals who borrowed money on the property on
the basis of the property being used for construction of a
multiple family dwelling. On October 26 , 1983 the City of Ames
had issued those individuals a building permit for a multiple
family dwelling for this property. However, they did not proceed
with their plans and deeded the property over to UB&T in lieu of
foreclosure of their mortgage.
The point, however, is that UB&T became involved with the
property and has proceeded with this property on the basis that
it is zoned for a multiple family dwelling. In fact, all people
acquiring and/or living in this neighborhood have done so with
the knowledge that the area is zoned for multiple family
dwellings . As a person goes through this area they will see that
every third property is used as multiple family dwelling. The
City Staff report stated that 35% of the properties are being
used for multiple family dwellings .
If a young couple as their first business venture using all their
assets had acquired the property at 722 Crawford with the intent
of using it for a multiple family dwelling, the inequities of
changing the rules and not letting them use their property as
they had reasonably expected can be seen more easily. Regardless
of who the owner is, the same principles of fairness and
reasonable expectation to use the property for a multiple family
dwelling exist.
The construction of a new multiple family dwelling would be an
improvement over the present use of the property at 722 Crawford.
The large size and shape of the lot at 722 Crawford is such that
the best use of the property is for a mutliple family dwelling.
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November 29 , 1990
The construction of a multiple family dwelling on this property
would provide additional housing in Ames , for which the City
Staff recognizes there is a need. Many of us have, at one time
or another, lived in rental property. A new multiple family
dwelling will provide more housing which will meet a need of
people in Ames.
In addition to this property having been zoned for multiple
family dwelling for at least the past 25 years, the comprehensive
zoning plan published in 1988 (the City of Ames , Iowa April 12,
1988 Land Use Policy Plan prepared by the Planning & Zoning
Commission and the Department of Planning & Housing) provides for
the property at 722 Crawford to continue to be zoned for a
multiple family dwelling. This adds to the reasonable
expectation that the property at 722 Crawford is to be able to be
used for a multiple family dwelling.
§414 . 3 Code of Iowa provides that zoning and rezoning ordinances
shall be done in accordance with a comprehensive plan. On behalf
of UB&T it is respectfully requested that the property be
continued to be zoned for a multiple family dwelling in
accordance with said 1988 comprehensive plan, and as it has been
zoned for at least the past 25 years. Said 1988 comprehensive
plan does provide for some of the area in the neighborhood to be
downzoned, which is a reasonable compromise solution to meeting
housing needs in the city and the desires of residents in the
area.
§414 . 3 Code of Iowa also provides for the "most appropriate use
of land" throughout the city be accomplished in reference to
zoning and rezoning ordinances. It is respectfully submitted
that Option No. 2 which continues the multiple family dwelling
zoning of the property at 722 Crawford is such an appropriate use
of land in Ames . It is also the recommendation of the City Staff
which has considerable experience and knowledge in these matters,
as well as being familiar with the comprehensive plans and needs
of the City to continue the multiple family dwelling zoning of
the property at 722 Crawford.
Thank you for your consideration in this matter.
Sincerely,
GOODWIN LAW OFFICE, P. C.
Robert W. Goodwin
Attorney At Law
RWG: jah
Page 3
November 29 , 1990
cc: 4--'�; o be distributed to City Council Members by City Clerk
John Klaus
United Bank & Trust