HomeMy WebLinkAboutA007 - Letter dated November 12, 1997 regarding 1212 Iowa Avenue; Request for Approval of Three-lot subdivision GOODWIN LAW OFFICE, P.C. o� 7
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 12, 1997 ;f° "\
• F
Ames City Councils
City Hall
515 Clark Avenue
Ames, Iowa 50010
Re: 1212 Iowa Avenue; Request for Approval of Three-lot Subdivision
Ladies and Gentlemen:
The City Council has been requested to approve a three-lot subdivision of the property at
1212 Iowa Avenue, Ames, Iowa. As we are all aware, this property was previously
before the Zoning Board of Adjustment involving a request for a special permit under
Section 29.9(5) Municipal Code of Ames, Iowa because the property is a "lot formed by
the process of dividing a lot of record." 1212 Iowa Avenue is a portion of a lot of record.
See the attached copy of said application for a special permit. The issuance of special
permit is the subject of a District Court Case.'
I have attached copies of two pages from Chapter 354 Code of Iowa which contain
definitions pertinent to the application to approve a three-lot subdivision at 1212 Iowa
Avenue.
'The Plaintiffs' appraiser has noted that the proposed 40-foot structure at 1212 Iowa
Avenue is not within 150 feet of a fire hydrant and does not provide for access by fire fighting
equipment around the back of the building because the grade is too steep and there is insufficient
maneuvering room. The installation of a fire hydrant and adequate size water main is a City
expense that should be determined and itemized.
Also, Plaintiffs' appraiser notes the proposed plans provide for a storm sewer to be
installed in Iowa Avenue, and to go to a storm sewer intake on Ross Road which is abandoned
and does not function. Installation expense for storm sewers on Iowa Avenue and Ross Road
should be City expenses that is determined and itemized.
Ames City Council
November 12, 1997
Page 2
Section 354.2(16) Code of Iowa provides "`Subdivision' means a tract of land divided into
three or more lots."
The question that is posed is whether 1212 Iowa Avenue is a tract of land.
Section 354.2(19) Code of Iowa provides: "`Tract' means an aliquot part of a section, a
lot within an official plat, or a government lot."
An aliquot part is defined in Section 354.2(1) Code of Iowa as a fractional part of a
section within the United States public land survey system. A government lot is defined
in Section 354.2(8) Code of Iowa as a tract within a section described by a lot number
on the township plat of the United States public land survey system. We are not dealing
with the United States public land survey system for 1212 Iowa Avenue, so an aliquot part
and a government lot is not applicable to this matter.
The question that remains is whether 1212 Iowa Avenue is a lot within an official plot.
(Emphasis Added.) The answer to that question is no. 1212 Iowa Avenue is not a lot.
1212 Iowa Avenue is a part of a lot as shown in the application by the owner of the lot
for a special permit.
There is no authority under the Code of Iowa for the Ames City Council to subdivide
anything less than a lot. Since 1212 Iowa Avenue is not a lot, but is a part of a lot, the s..
Ames City Council does not have authority to subdivide 1212 Iowa Avenue.
The application for a three-lot subdivision at 1212 Iowa Avenue should, therefore, be
denied.
Sincerely,
GOODWIN LAW OFFICE, P.C.
Robert W. Goodwin
Attorney at Law
RWG:jkl
Enclosures
MUST BE FILED IN CITY CLERK'S
OFFICE BY 9:00 A.M.ON Hearing Date:
CITY OF AMES,IA
ZONING BOARD OF ADJUSTMENT
APPLICATION
SPECIAL PERMIT,EXCEPTION,CONDITIONAL USE PERMIT,OR VARIANCE(FLOOD PLAID
Please Type or Print Legibly
1. Property Address: 1212•fin Avenue, Ames, Iowa 50010
Owner: Darul ArgLm Mas-jid c/o Maamar Benkraouda
Address: 1 Avenue Ames Iowa 50010
(Street) (City) (State) (Zip)
Telephone: 292-4443 292-3683
(%&) FAX (Business)
Owner's Agent: Scott L. Renaud, P.E. , FOX Engineering Associates, Inc.
Address: 1531 Airport Road Ames Iowa 50010
(Street) (City) (State) (Zip)
Telephone: N/A 233-0000
(Home) (Business)
2. This application is for the following permit type: (Please check the correct type of permit.)
Contact the Planning and Housing Department at 239-5400 if you have questions.
Specia ermit:
Xa. Section 29.9(5) Dividing a platted lot
b. Section 29.10 Conditional Home Occupation .
c. Section 29.11(2)(c) Change in non-conforming use
d. Section 29.16 Two-family conversion
e. Section 29.16 Construction of a two family dwelling on a lot that has
another residential structure
Exception:
a. Section 29.24(5) Minor departure from P-C Plan-
b. Section 29.41 Exception to parking dimensions
c. Section 29.52(2) Exception to receive a Letter of Compliance
d. Section 29.68(2) Public utility exception, remote parking, and extension of a
district boundary
e. Section 29.77 Exception to bicycle parking requirements
Conditional Use Permit:
a. Section 9.4(2) Conditional uses in the floodway
b. Section 9.5(2)(b) Use of alternative elevation techniques
c. Section 9.6(2) Conditional uses in the General Flood Plain
Variances (Flood Plain):
a. Section 9.7(3)(d) Variance from terms of Flood Plain Ordinance
3. I (We) the undersigned, respectfully request the Ames Zoning Board of Adjustment to grant
the above named permit to allow the following: (Describe what is being requested.)
A permit to build a church on the lot as required for a Special
Permit under Section 29.9(5).
4. This permit cannot be processed until all the required materials are submitted. In
addition to this application, the required submittals include:
a. A site plan, drawn to scale. This plan shall not be larger than 11" x 17" and shall be a
black line drawing. Blue line drawings will not be accepted;
b. A completed "Supporting Information Form";
c. Application fee. An application is not considered filed until the fee is paid.
For this request to be granted, sufficient facts must be submitted with this application and
at the Zoning Board of Adjustment meeting to support a finding that all the standards for
approval have been met.
I (We) certify that I (we) have submitted all the required information to make this
application.
Signed by: Date: �' 7
' n
and: 6 Date:
( ner's A t)
Fee Paid:
Cash: Check No.: Date Filed:
Zoning Board of Adjustment Action:
Approved:
(Date)
Denied:
(Date)
Approved w/Stipulation(s):
(Date)
"SUPPORTING INFORMATION"
SPECIAL PERMITS)
Please Type or Print Legibly
The Zoning Board of Adjustment is authorized to grant a Special Permit provided all of the
Zoning Ordinance standards are met. Please provide information in the appropriate space(s)
below to address each of the standards for the specific application for a Special Permit.
Additional supporting information may be attached if necessary.
1. Section 29.9(51: Construction of a Principal Building on any Lot Formed by the Process
of Dividing a Platted Lot or Putting Together Pieces and Parts of Platted Lots.
The Zoning Board of Adjustment may issue a Special Permit if it makes a 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. The
applicant must explain how the issuance of the Special Permit will impact infrastructure in
the area, City services (police, fire, etc.), traffic and parking, and surrounding property
values. In the case of multiple-family structures, commercial buildings and other
significant traffic generators which will impact local streets, a traffic and parking impact
study from a qualified traffic engineer may be helpful.
M1
gAwpdocs\zbaforms\spclperm.sup
rev. 3/6/96 kct
v
Zoning Board of Adjustment- Special Permit Application
SUPPORTING INFORMATION FOR SPECIAL PERMIT
Darul Argum Jasjid
1212 Iowa Avenue,Ames,Iowa
Impact on Infrastructure
Water: No impact. Standard water use for a small building; restrooms, wash rooms, etc.
Sanitary Sewer: No impact. Same condition as water use.
Electric: No impact.
Gas: No impact.
Phone: No impact.
Storm Sewer: As referenced in the storm water management report for this project the
site utilizes on site detention in the parking lot to control storm water flow. All paved
surfaces (parking lot, sidewalk and building) are collected in onsite storm sewer and
retention area. The storm water is retained on the paved parking lot. The surface
drainage to surrounding lots will be reduced by diversion of all developed drainage into
the retention system.
Police: No impact.
Fire: No impact.
Traffic and Parking
The number of required parking spaces is 27 as determined by the City of Ames Code for
the worship area portion of the building. The number of spaces provided is 43 (41
standard, 2 handicap). The church indicates that the number of provided spaces is in
excess of their current worship requirements.
The street system is adequate to handle the traffic impact.
The church is providing a 6 foot high wood fence to screen the adjoining neighborhood
from traffic lights in the parking lot.
Property Values
No impact is expected on the surrounding property values.
I:\!PROJ\5000\5142-97A\ZBA.ACH
1
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II Ch 354,PLATTING-DIVISION AND SUBDIVISION OF LAND 3040
I
I
CHAPTER 354
PLATTING-DIVISION AND SUBDIVISION OF LAND
Standards for land surveys and plats,see also chapter 355 1
354.1 Statement of purpose. 354.14 Appeal of notice.
354.2 Definitions. 354.15 Review of auditor's plats.
354.3 Covenant of warranty. 354.16 Attachments to auditor's plats and plats of
354.4 Divisions requiring a plat of survey or survey.
acquisition plat. , 354.17 Costs and collection of costs.
354.5 Descriptions and conveyance according to plat 354.18 Recording of plats.
of survey or acquisition plat. 354.19 Dedication of land.
354.6 Subdivision plats. 354.20 Action to annul plats.
354.7 Conveyances by reference to official plat. 354.21 Limitation of actions on official plats.
354.8 Review and approval by governing bodies. 354.22 Vacation of official plats.
354.9 Review of subdivision plats within two miles of 354.23 Vacation of streets or other public lands.
a city. 354.24 Errors on recorded plats.
354.10 Appeal of review or disapproval. 354.25 Survey and replat of official plats.
354.11 Attachments to subdivision plats. 354.26 Corrections or changes to plats.
354.12 Bonds to secure liens. 354.27 Noting the permanent real estate index
354.13 Auditor's plats and plats of survey. number. I
j
I
354.1 Statement of purpose. 1. 'Acquisition plat"means the graphical rep-
It is the purpose of this chapter to provide for a resentation of the division of land or rights in land, j
balance between the review and regulation author- created as the result of a conveyance or condemna-
ity of governmental agencies concerning the divi- tion for right-of-way purposes by an agency of the i
sion and subdivision of land and the rights of land- government or other persons having the power of
3 owners. It is therefore determined to be in the eminent domain. If
public interest: 2. `Aliquot part" means a fractional part of a
1. To provide for accurate, clear, and concise section within the United States public land sur-
legal descriptions of real estate in order to prevent, vey system.Only the fractional parts one-half,one-
wherever possible,land boundary disputes or real quarter, one-half of one-quarter,or one-quarter of
estate title problems. one-quarter shall be considered an aliquot part of
2. To provide for a balance between the land a section.
use rights of individual landowners and the eco- 3. "Auditor's plat"means a subdivision plat re-
quired social, and environmental concerns of the quired by either the auditor or the assessor, pre-
public when a city or county is developing or en- Pared by a surveyor under the direction of the audi-
j forcing land use regulations. tor.
3. To provide for statewide; uniform proce- 4. "Conveyance" means an instrument filed
dures and standards for the platting of land while with a recorder as evidence of the transfer of title
allowing the widest possible latitude for cities and to land, including any form of deed or contract.
counties to establish and enforce ordinances regu- 5. "Division"means dividing a tractor parcel of
lating the division and use of land,within the scope land into two parcels of land by conveyance or for
of,but not limited to,chapters 331,335,364,414, tax purposes.-The conveyance of an easement,
other than a public highway easement,shall not be
and this chapter.4. To encourage orderly community develop- considered a division for the purpose of this chap-
ter.
ment and provide for the regulation and control of 6. "Forty-acre aliquot part"means one-quarter
the extension of public improvements,public serv- of one-quarter of a section.
ices, and utilities, the improvement of land, and 7, "Governing body"means a city councilor the
the design of subdivisions,consistent with an ap- board of supervisors,within whose jurisdiction the
proved comprehensive plan or other specific com- land is located,which has adopted ordinances reg-
i munity plans,if any. ulating the division of land.
90 Acts,ch 1236, §15 8. "Government lot"means a tract,within a sec-
C91, §409A.1 tion,which is normally described by a lot number
C93, §354.1 as represented and identified on the township plat
` of the United States public land survey system.
354.2 Definitions. 9. "Lot"means a tract of land represented and
i As used by this chapter,unless the context clear- identified by number or letter designation on an of-
ly indicates otherwise: ficial plat.
� t -
1i
3041 PLATTING—DIVISION AND SUBDIVISION OF LAND,1354.4
10. "Metes and bounds description" means a ter may be entered on the transfer books of the au- !.l
description of land that uses distances and angles, ditor's office. The auditor shall notify the grantor !i�
uses distances and bearings, or describes the and the grantee that the conveyance is in violation
boundaries of the parcel by reference to physical of this chapter and demand compliance as provided j Ili
features of the land. for in section 354.13.
11. "Official plat" means either an auditor's 90 Acts, ch 1236, §17
plat or a subdivision plat that meets the require- C91, §409A.3
ments of this chapter and has been filed for record C93, §354.3
in the offices of the recorder,auditor,and assessor. I�I
12. "Parcel"means a part of a tract of land. 354.4 Divisions requiring a plat of survey or
13. Permanent real estate index number" acquisition plat.
means a unique number or combination of num- 1. The grantor of land which has been divided (�
bers assigned to a parcel of land pursuant to sec- using a metes and bounds description shall have a ! l!!
tion 441.29. plat of survey made of the division,except as pro- j
14. Plat of survey means the graphical repre- vided for in subsection 3. The grantor or the sur-
sentation of a survey of one or more parcels of land, veyor shall contact the county auditor who,for the '
including a complete and accurate description of
p purpose of assessment and taxation, shall review
each parcel within the plat, prepared by a regis- the division to determine whether the survey shall
tered land surveyor. include only the parcel being conveyed or both the wi
15. "Proprietor"means a person who has a re- parcel being conveyed and the remaining parcel. j
corded interest in land, including a person selling , The plat of survey shall be prepared in compliance I i'
or buying land pursuant to a contract,but exclud- with chapter 355 and shall be recorded. The plat
ing persons holding a mortgage,easement,or lien shall be clearly marked by the surveyor as a plat I
interest. of survey and shall include the following informa- I
16. `Subdivision"means a tract of land divided tion for each parcel included in the survey:
into three or more lots. a. A parcel letter or number designation ap-
17. "Subdivision plat" means the graphical proved by the auditor. 9
representation of the subdivision of land,prepared b. The names of the proprietors.
by a registered land surveyor,having a number or c. An accurate description of each parcel.
letter designation for each lot within the plat and d. The total acreage of each parcel.
a succinct name or title that is unique for the coun- e. The acreage of any portion lying within a
ty where the land is located. public right-of-way.
18. "Surveyor"means a registered land survey- 2. The auditor may note a permanent real es-
or who engages in the practice of land surveying tate index number upon each parcel shown on a i
pursuant to chapter 542B. plat of survey according to section 441.29 for real I
19. "Tract"means an aliquot part of a section, estate tax administration purposes. The surveyor I ii
a lot within an official plat, or a government lot. shall not assign parcel letters or prepare a metes
90 Acts, ch 1236, §16 and bounds description for any parcel shown on a
C91, §409A.2 plat of survey unless the parcel was surveyed by
C93, §354.2 the surveyor in compliance with chapter 355.Par-
cels within a plat of survey prepared pursuant to
354.3 Covenant of warranty. this section are subject to the regulations and ordi-
The duty to file for record a plat as provided in nances of the governing body..
sections 354.4 and 354.6 attaches as a covenant of 3. When land or rights in land are divided for
warranty in all conveyances by a grantor who di- right-of-way purposes by an agency of the govern-
vides land against all assessments,costs,and dam- ment or other persons having the power of eminent
ages paid,lost,or incurred by a grantee or person domain and the description of the land or rights ac-
claiming under a grantee, in consequence of the quired is a metes and bounds description then an
omission on the part of the grantor to file the plat. acquisition plat shall be made and attached to the
A conveyance of land is deemed to be a warranty description when th"cquisition instrument is re-
that the description contained in the conveyance is corded. Acquisition plats shall be clearly marked
sufficiently certain and accurate for the purposes as an acquisition plat and shall conform to the fol-
of assessment,taxation,and entry on the transfer lowing:
books and plat books required to be kept by the au- a. Acquisition plats shall not be required to
ditor. The description contained in a conveyance conform to the provisions of chapter 355.
shall be sufficiently certain and accurate for as- b. The information shown on the plat shall be
sessment and taxation purposes if it provides suffi- developed from instruments of record together
cient information to allow all the boundaries to be with information developed by field measure-
accurately determined and does not overlap with ments. The unadjusted error of field measure-
or create a gap between adjoining land descrip- ments shall not be greater than one in five thou-
tions. sand.
A recorded conveyance in violation of this chap- c. The plat shall be signed and dated by a sur-