HomeMy WebLinkAboutA016 - Letter dated October 12, 2009 from C. Stassis C. Stassis
Professor of Physics and Senior Physicist,Ames Laboratory(retired)
3970 North Dakota Avenue
Ames, Iowa 50014
r
12-October 2009
Dear Honorable Mayor and members of the Ames City Council
Chairman, and members of the Story CountyBoard of Supervisors,
In my October 7,2009°letter I-urged you to decisively reject this application and
not allow,any-development on this-parcel of land until the developer improves the
roads to meet at least the County°minimum requirements:and-addresses the
discharge of large-quantities-of contaminated water onto the adjacent properties,
into my pond, and through a ravine-into-the Squaw Creek. Furthermore, it is in
my opinion well-established-now that any violation of the restrictions on the
recorded replat of the Vd Addition, in.particular,-Note 11, prohibiting the further
subdivision of lots 1 and 2—is simply illegal.
Only on October-8, 2009,the determination regarding the legality of this
application(Condition F of the City Planning and Zoning Commission)became
available(Please,see Attachment).. Careful reading of this opinion reveals,
however,that it is not based on actual facts,:but on the-ever changing statements
-of-the developer,which,in my opinion,are to say the least confusing, misleading,
absurd,-and in many cases false. In-2005,when-the 3'"Addition was platted, all
three-lots, lots 1 and 2 and outiot A,were owned by Mr.and Ms.Gelina.
Hunziker Land Development bought all three lots on July 21,2006(recorded
August 1,2006)and subsequently deeded outlot A to the Northwood Heights
-Subdivision,2"d Addition on October 2,2006(recorded on October 16,2006).
These are_actual`facts,which'can be checked by simply calling the Story County
recorder's office and are in direct contradiction-with the assumption on which the
determination was based.
Please, it is very important to notice that the•original determination by Ms. Parks,
an extremely gifted and invaluable assistant city-attomey,was correct. The note
on the official replat of-the 3'-Addition-is legally binding-and cannot be removed.
This is in agreement with the statement i.made,in my, letter to-Mr..-Dissell,County
planner,-based on the opinions of two quite-prestigious Des-Moines lawyers,who .
fortunately offer one-hourfiee consultations.
Page 2
12 October 2009
The-key issue of-the legality of the proposal was also brought up in the June'1,
2009 meeting of the County Planning and Zoning Commission. Mr.Gast,
chaimtan,:'and several members of the County Planning and Zoning Commission
clearly understood the importance of establishing who owned lots 1,2,and outlot
A in 2005,When the 3`d Addition was platted. They asked the relevant.questions
(see"Commission Comments'in the minutes), but they were.side-tracked by the
evasive and misleading statements of the developer. Most importantly, please
note the following exchange between Mr. Merfeld and the developer(page 22 of
the minutes):
Mr. Merfeld asked whether Hunziker was co-owner of the
property in 2005. Mr.Wnkleblack affirmed.
This statement by the developer is simply false. I deduce from his answer that
this developer was aware that his application-for subdivision of lots 1 and 2 had
no legal foundation-whatsoever.
In conclusion, I again urge you to reject the developer's application.
Respectfully submitted,
C.Stassis
Attachment