HomeMy WebLinkAboutA002 - Letter from Goodwin Law Office, opposition to proposed O-H District GOOD WIN LA W OFFICE, P.C.
ATTORNEY AT LAW
311 W.LINCOLN WAY,SUITE 1
AMES,IOWA 50010-3317
ROBERT W.GOODWIN TELEPHONE
515-232-7390
FAX
515-232-7396
November 5, 2007
City of Ames Planning and Zoning Commission
City of Ames
515 Clark Avenue
P.O. Box 811
Ames, IA 50010
Re: O-H (Historic Preservation Overlay)
District at 218 Lincoln Way, Ames, Iowa
Dear Planning and Zoning Commission:
On behalf of Laurel J. Ely and Mildred E. Ely, who own the property immediately east of
218 Lincoln Way, Crowner Tire &Automotive Center at 202 Lincoln Way, opposition is
hereby made to the proposed O-H (Historic Preservation Overlay) District. The area
along Lincoln Way is commercial use. A residential house is inconsistent with this
commercial area.
The property at 218 Lincoln Way has been vacant. It is questionable whether there is a
demand for continued rental of this property to ISU students, or other individuals. The
Elys would characterize the maintenance of the property as minimal. The Assessor's
records show that the house has had no value since at least 1986. The land provides all
the value to the property.
Thomas Leslie's Architectural Opinion states, "The house does have several very
apparent issues that might discourage continued use or renovation . . ." If the property is
designated as a local historic landmark, it will be virtually impossible to remove the house
or to change the use from a single family residence.
If this property would be designated as a historic landmark, there is no provision or
requirement to insure that the property will be properly maintained, and that it will not
become an eyesore that would negatively impact the commercial desirability and the
value of other properties in this vicinity.
The Ames City Code Chapter 31 Historic Preservation Districts does not contain any
provision or requirement concerning the maintenance of a building that is designated as a
local historic landmark. Section 31.10(5) permits ordinary maintenance or repair, but it
does not require any maintenance or repair.
The Ames City Code Chapter 31 Historic Preservation Districts also does not contain any
provision to consider and to protect surrounding properties from negative impacts caused
by designating a property as a historic landmark.
City of Ames Planning and Zoning Commission
November 5, 2007
Page 2
The Municipal Code of the City of Ames is unconstitutional and fails to protect the rights
of the Elys and other property owners in the vicinity because:
1. In violation of the Due Process and Equal Rights Clauses of
the United States Constitution and the Iowa Constitution it
fails to provide any consideration of, or protection to
properties in the vicinity concerning adverse impacts from a
property being designated as a historic landmark.
2. In violation of the Due Process and Equal Rights Clauses of
the United States Constitution and the Iowa Constitution it
fails to require that property designated as a historic landmark
must be maintained and used so as to not have a detrimental
affect on surrounding properties.
Also, if this property were to be zoned O-H District, that would be spot zoning which is
improper.
The Elys respectfully request that the City of Ames Planning and Zoning Commission
vote against designating the house at 218 Lincoln Way, Ames, Iowa, as a historic
landmark for each and every of the reasons stated herein.
Sincerely,
GOODWIN LAW OFFICE, P.C.
Robert W. Goodwin
Attorney at Law
RWG:sld