HomeMy WebLinkAboutA004 - Letter dated November 16, 2007 from Goodwin Law Office, Elys opposition GOOD WIN LA W OFFICE, P.C.
.ATTORNEY AT LAW
311 W.LINCOLN WAY,SUITE 1
AMES,IOWA 50010-3317
ROBF:R"1 W.GOODWIN TELEPHONE
515-232-7390
FAX
515-232-7396
November 16, 2007
Mayor Ann Campbell
Ames City Council
City of Ames
515 Clark Avenue
Ames, IA 50010
Dear Mayor Campbell and City Council Members:
I am submitting this letter on behalf of my clients, Laurel and Mildred Ely, who oppose
the property at 218 Lincoln Way being rezoned with an "O-H"(Historic Preservation
Overlay)District. The Elys own the property at 202 Lincoln Way which is immediately
east of 218 Lincoln Way. The Elys rent their property at 202 Lincoln Way to Crowner
Tire & Automotive Center.
The house at 218 Lincoln Way is a non-conforming use in the "HOC" (Highway-Oriented
Commercial) District in the vicinity. For the past two years the house has been vacant.
Prior to that it had been rented apparently primarily to college students. There were cars
parked on the grass in the backyard. The property has had minimal maintenance. Some
people have described the property as an eyesore.
The City Assessor's records show that at least since 1986 the house has had no value, and
that the only value of this property is the land. A copy of that record is attached.
The concern is that the designation of this property as a Historic Landmark and imposing
"O-H" Zoning on the property will perpetuate this house which has no value and which
has not been well maintained, and even called an eyesore. The staff report submitted to
the Historic Preservation Commission states, "Demolition of the building would be
prohibited, unless the structure cannot be used for the original intended purpose and/or no
alternative reasonable use can be identified and the property owner can show evidence
that an 'economic hardship' will be created if the structure cannot be removed." Copies
of the first two pages of that report are attached.
Section 31.10(3)of the Historic Preservation District Section of the Ames Municipal
Code states as follows:
"Demolition. Demolition of existing structures that are contributing or
compatible structures or of a historic landmark shall be strictly prohibited
except in the following instance:
Mayor Ann Campbell
Ames City Council Members
November 16, 2007
Page 2
The structure cannot be used for the original intended purpose
and/or no alternative reasonable use can be identified and the
property owner can show evidence that an economic hardship
will be created if the structure cannot be removed."
There is no access to the property from Lincoln Way. The only access to 218 Lincoln
Way is from the alley in the rear of the property. The lot size is 9,000 square feet (50' x
180'). The house covers 1,408 square feet. The property has room for 5 on-site parking
spaces. The Archie A. and Nancy C. Martin Foundation has suggested that it would like
to consider using the property for a bed and breakfast or a cafe. The parking space
requirement under Section 29.406 Off-Sttreet Parking of the Ames Municipal Code are as
follows:
Sit Down Restaurant 9 spaces/1,000 sf.
Short Term Lodging 1 space/guest room; plus 6 spaces/1,000
Hotel/Motel sf of ballroom, meeting, bar and
Restaurant areas; plus 1 space/2
Employees of the largest shift.
There are not adequate parking spaces on this property for the suggested uses of this
property.
Whether funds will be available to maintain this property, or whether this property can or
will be developed to be an attraction or show place is unknown and in question.
The Elys oppose the "HOC"Zoning because there is no requirement that the property be
maintained or that it be developed into an attraction or showplace to complement the
existing commercial properties. It is noted that 36 Code of Federal Regulations §
68.3(a)(2)provides that "The historic character of a property will be retained and
preserved." (Emphasis Added.) The Elys are concerned with the failure of the Ames
Municipal Code and the HOC Zoning Regulation to require a property designated as a
Historic Landmark to be maintained and to be made an attraction or showplace.
The imposition of"HOC"Zoning on this property is an illegal spot zoning. This spot
zoning of 218 Lincoln Way has no rational basis because there is no requirement that this
property be maintained and developed into an attraction and showplace.
The Municipal Code of the City of Ames in regard to its Historic Preservation and HOC
Zoning is unconstitutional because it fails to protect the rights of the Elys and other
property owners in the vicinity as follows:
l. 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.
Mayor Ann Campbell
Ames City Council Members
November 16, 2007
Page 3
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 propertydesignated as a historic landmark
must be maintained and used so as to not have a detrimental
affect on surrounding properties.
The Elys respectfully request that the City of Ames City Council deny the HOC zoning
request for 218 Lincoln Way for each and every of the reasons stated herein.
Sincerely,
GOODWIN LAW OFFICE, P.C.
Robert W. Goodwin
Attorney at Law
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ITEM #:
DATE: 06/11/07
COMMISSION ACTION FORM
SUBJECT: PUBLIC HEARING TO CONSIDER THE REQUEST TO DESIGNATE THE
HOUSE AT 218 LINCOLN WAY, AS A LOCAL HISTORIC LANDMARK,
INCLUDING DESIGN CRITERIA.
BACKGROUND:
Action by the Historic Preservation Commission. On May 14, 2007, the Historic
Preservation Commission conducted a public hearing to consider the request to designate
the house at 218 Lincoln Way, as a Local Historic Landmark. The motion approved by the
Commission at this meeting reads as follows:
MOTION: (DE GEEST/DUNN) The Historic Preservation Commission can conduct
and conclude the public hearing and refer this request back to the applicant to revise
the Design Criteria in accordance with recommendations by the City staff, prior to
proceeding with the recommendation of the Historic Preservation Commission to the
City Council.
The Commission also requests that a representative from the Archie A. and Nancy C.
Martin Foundation be present at the next meeting.
MOTION PASSED: 6-0-1 (Tom Leslie recused himself from voting on this motion
because of a conflict of interest.)
Response by the Applicant to Direction by the Historic Preservation Commission.
The applicant has responded with revisions to the Design Criteria, as recommended by
the City staff, and directed by the Historic Preservation Commission in their motion. The
revised Design Criteria are included as part of this Commission Action Form.
Action Requested. The Archie A. and Nancy C. Martin Foundation has submitted an
application requesting that the City of Ames designate the house, located at 218 Lincoln
Way, as a local historic landmark, including "Design Criteria" to be used as guidance in
evaluating future changes to the exterior of the existing house.
Applicant/Property Owner. Section 31.8(2)of the Municipal Code states:`Designation of
a historic landmark shall be proposed by any person or organization ...". In this particular
case, the applicant is not the propertyowner.wner. The applicant is the Archie A. and Nancy C.
Martin Foundation. The property owner is Grantland Shipp.
Property Description. The Martin house is located on property at 218 Lincoln Way. It is
legally described as the east fifty feet of Lot 4, Block 2, Blacks Addition. The site includes
9,000 gross square feet (0.21 acres) of land area. This is an interior lot occupied by one
single-family dwelling.
Application. Section 31.8(2)of the Municipal Code requires certain data to be included in
the application for designation as a local historic landmark. Analysis of the data submitted
by the applicant to meet the submittal requirements is included in this Action Form.
Process for Designation as a Local Historic Landmark. The Historic Preservation
Commission conducted a public hearing at the Historic Preservation Commission meeting
on May 14, 2007. The Commission will conduct a second public hearing at the Historic
Preservation Commission meeting on June 11, 2007. Oral and written testimony
concerning the significance of the nominated historic landmark will be taken by the
Commission at the public hearing. It is the responsibility of the Historic Preservation
Commission to determine whether the structure proposed for designation as a Local
Historic Landmark meets the criteria for designation.
The Commission then files its recommendations with the City Council approving,approving
with modifications, or denying the request for designation of a Local Historic Landmark.
The Commission has the option of referring the proposal back to the applicant and/or City
staff for further information.
The City Council forwards the proposal for the Local Landmark Designation to the State
Historical Society of Iowa for review and recommendation. Within a reasonable time after
receipt of the recommendation from the State Historical Society of Iowa the City Council
makes the final determination on the proposed landmark or district designation. The City
Council then conducts a public hearing on the applicant's request. Designation of such an
area is made by enactment of an ordinance to amend the official zoning map of the City to
show the location of the Local Historic Landmark designation.
Restrictions of Local Landmark Designation. Designation of the house at 218 Lincoln
Way as a Local Historic Landmark would require that the property owner comply with all
regulations of Chapter 31 (Historic Preservation Districts) of the Municipal Code. The
property owner would be required to comply with the adopted Design Guidelines and
Design Criteria for any alterations or additions to the exterior of the building, and receive
approval of a Certificate of Appropriateness, priorto proceeding with proposed changes to
the building exterior. Demolition of the building would be prohibited, unless the
structure cannot be used for the original intended purpose and/or no alternative
reasonable use can be identified and the property owner can show evidence that an
"economic hardship" will be created if the structure cannot be removed.
Zoning/Non-Conforming Use. The subject property is zoned as "HOC" (Highway-
Oriented Commercial). The"HOC"zoning district is intended to allow auto-accommodating
commercial development in areas already predominantly developed for this use. The zone
allows a full range of retail and service businesses with a large local or citywide market.
Development is expected to be generally auto-accommodating, with access from major
traffic ways. The zone's development standards are intended to promote an open and
pleasant street appearance; development that is aesthetically pleasing for motorists,
pedestrians and the businesses themselves; and compatibility with adjacent residential
areas.
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