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HomeMy WebLinkAbout1977-02-15 CorrespondenceJ rti C, i _ vie 1 he Zile rty the r1.ts c_t...cr. thc. :,.Ir,. I wiled init.. L thc•` De:: ionubm Lt i 'b / trop L'+ OL v „f iC.1 .,Lone u Rt CG' ..C__ , 1nC_L_ ., _L..r_ by'C teb7._ 1hin3 ca _ g _t._ Zoninj .?1Cp 1't=;nt regular -Y to J'CC1'La{n �ticrLO ^F - ._ ., o.. L,r tl M, ,1�. ..,.cti .n CoC..�� o.Ic. Ali : AS Tilt. C,.L.lai1 a trodod xr,, t`' c. + 01!Ls C o. S Ct iG:'t 414 5--", G.^,t pi,!i,nre, i ._1; I zLtr i.,Ot1` o in:OPL.rty o.rae_5 c..,3 o}ir.a_c a OP.in C G t� 1 t;.e LI Cu C7.0 L f -: r n ) t:ha attc�ztiun:Of:', i} C1t_:ten., OI T010a City '.1. ti a d J Chose dCa12'1( with IJCC rC'n:llatiOnC CTC. CC tt t ,L_.t1:1f, the G .__ into pro�Lutee n oving c t 1n 1967 v i e uloc + e) r c_c' .ion the Cite Council, thc'rl nzvinm _..d ..onJ o C„ `a +cn, ; the ,1 Cit, cp 1a eas und'cr tardalile in your revte,. o_ tit natter., i3O urgo Uic pre" `lG .ac,i Lto 'note, that the Ue$itioa':rccu,.xcLi, the d_uia - of the etot:_ .;; m_ a iii .:3% r 70spe6ifically Gtates'that "a'm ,7o-i;:y,of'thc lion,-olanors i^, theare t �} ,,icpj.031tiOt,.1° ' ' : Yy 1 ase no a al o pat he p eters- p tL: on has bee g-, c oy a c ri,y o_` ..nte.,.. ,}.cr-,/ c v,iaL. _ ,.rtin� ....c tr,._,. L. '.: we uric You w tc ,lori"oinal;li?.: oni.:g,:cutc„orrrl 3�3: 1 march 9 1S60 We, the undersigr:ed do here ,/ icquc:,< th;it the proposed reznninl, of the Gar^,aoarJ property at 9m ] : llndgc and l,i;c 13urg•:r propel t} Ay_ a ij cent on thl north from A.:? to i't-313 be ler:.ad .for thr. £allrnain� rcasonr. 1. Thin constitutes spatrr: :;oni.p i;o to;ri.ch we are: o -)nosed Sn general and iii particular when a majority of tiic Mmeorer.•rrs in the area are in opnosi t•ion. —L A-tr,'Iffic curvet/ Of Lndi;:•: 5t. recultrrl in the cunclu sior. that a s:Uhration point had been reached, A nii;h increa::a in the density of populationPvuuld increase the saf..ay ho:virds:nub only to the,residente Of the area, but alsu to the m%ny'.sch-)c1 chiliren 'vhose only access reuto tv, :-ace Bann School is Prdgc 3t: The urrp•sed office building would also create traffic hazards at a clary*,ernu;; curve, 5.. In general, the tendency in rr.o nt.y.Ars has been the upgrading of, prcperty in the .area, i,y� the building cf ne:i homes, and remodelling of older hcmes. Th :e: on.ing iao.ild d,:"initely dowrgradie the area and property values. !t. mist of the houses, in the area are owner -occupied which males for 'ginieral stbbllity... 5. Thi Par'- aecreation Coinmission plans to acquire 1.3 acres adjacer.c to Nappy �_=o•4 playground and the proposed ,re -zoning would probably ma'.te the y•.p :�ty too expensive to acquire for this purpose.! - ,� I1 iF ', i �i ��✓/ � till X� /� d /L•(S- i,, L _-� / y ^ 1 ! _ :/„f�"� IL,fll' '' i. ' ✓ FE9141977 �tJi ,_`�S�iOLFUb February LJ, To: .THE MAYOR OF IO'^ CITY, HEI-MEMS OF THE CITY LOUItrTL From: PROPERTY Ot;(dL•IN THE 900 BLOCK OF !',CRT!! DOL`(•'1'!dEET .41E THE UNDERSIGNED,_ hereby request that tilt., tract of: land fronting on the east side of the 900 block of North Dodge Street be remnved from itspresent.113D category and restored to its original, pre-1967 zoning °of R2, and that the present owner: of the property be enjoined from completing or commencing any structures thereon which would not be in accordauce with the provisions of the zoning code for 112 property. Despite the,. public announcement of the City council on :cbrnary 1, 1977, we feel that serious doubts still remain as to the legal_; 7. o_..tr:e zoning chcnge on March 7, 1967 (Ord. 2425) and urge that the matter be fc ther explored. ?aide .from queuti.otis of, I"ality,-. vie alsofeel that Council-...a:,. urgc._.acted. unethically'. when lie proposed .that his property be rezoned while he was a :ixting rember of. the Council, and that thelCouncil-itself, along o!taf_..e :NP=-ng and Zoning Cotmaiccion,'was derelict in the performance of its dctv'to -nfo_: those property owners in the vicinity, who ,opposed the zo ' ;. chan.-.e i:: 1967, of their rights 'under the law. We specifically charge _ the Council in 1967 - failed in its responsibility,,to consider the legal imiic�tio..s`of the +, p ition submitted.by property owners in the vicinity: c t_ponsibilityt t;hich subsequent Councils, including the present one, assumed + by.est'ablishing or continuing la procedure whereby the _nd 7.oning Department regularly checks all written protedts to _ c ..ning changes T ' to•ascertain.whether;those protesting have.ctandirg c :ficient to make applicable the,prov!sions of Section 414.5 of '_z o: Iowa. k .F As the' cc) urc!1'is well aware,''tl:e sv!s!rr. _= 41..5--tie intent of.wh!eh is Eo.offcr extraordina yprotection top c g aro oppose a zoning change in their ir-ediate,vicinity--have - = i'y brought ' to the attention of'the citizens of Iowa City in a pt-__C ne_ m_vr,randum, such as those dealing'with.pat regulations etc. Conaequer.t_•, the p opc':ty owners wlio';'protected the zoning change in 1967 were under _...« 17 uniwAr e of the Section., The Apparent ignorance of the Section on p,.-t of the emocra of .the ;City Council, the Planning and Zoning Cotimissic , _au the then City Attorney s is, _lesan n ratand able. In your review of this matter, ,we urge the present Council 4to note that the petition requesting the denial of the rezoning; m:.de in 1967 apecif!cally'atatea'thnt "a majority of the horccokTers in the arei are 3n opposition."' Please'note also that the present petition has Lecn signed by a'majority p of the property owners fronting the tract that: we urge you to' restore to its ' ',�, original 112''�zoning category. , February 13, 1.977 From: To: The Iovia City Friends Meeting 311 North Linn, Iowa City, Gown V u FEB 1 h :'77 11 CITY CL;_::;( Members of the City Council of Iowa City The revised Chapter 10.2 of the City Ordinance, proposed by the Iowa City human Rights Commission, speaks well to the issue of protecting citizens of Iowa City against discrimination. Quakers, like many other religious groups, have a long tradi- tion of working to alleviate Dain, problems, and lack of opportunity which affect disadvantaged groups in society. The handbook for Iowa Yearly Meeting of Friends (Conservative) advises members to realize that we are called to think, of everyone as an individual and to deal with each as a child of God, for all racial and religious groups are composed of varied and precious individuals. We realize that there is a tendency to pick out a single characteristic of a person and to form opinions about that person hanod on the charactcrira.ic the person hru: in common with n 1*roup. This means a person is prejudged on the basis of a stereotype. For example, it is unfair to assume that a person is incompetent zuid can't perform a job because she is black; or that an elderly person is a feeble pennon; or that a person will not take care of an npart- mont because he in single. Justice and equal opportunity are fostered by actions taken on the basis of individual information and chnrac- toristics relevant to the situation. IT IS NECESSARY TO HAVE APPEAL AND REDRESS OF GRIRVANCE PROCFDURFS FOR INDIVIDUALS) WHO 11AVlf 8UM PREJIIDGFD SIMPLY HECAUSF Till -N ARF A PART OF A GROUP. In addition, we recognize that an individual may be functioning freely and enjoying a wide range of choices in Iowa City without being subjected to discriminatory practices. But individual situations change. For example, until we grow old we don't realize how much our institutions and attitudes dictate what we can and cannot do, Going through ri divorce in difficult enou.gh 9/6 without bci.ng refused nn apartment beeansc of now "ninglel' statu:;, or having to cope wi th now credi t arrnnl'.onwnt.c even i f there han been no change in income. Rec0l;nivAng that one. i:: a homosexual or has family member,-, who are gay is ham enough without losing a job, needing to find a new home, or being refused accommodations and services previously available. No one is immune to disabilities created by accident or disease, yet prejudicial policies make life even more trying for disabled persons. One's creed and religion can also change in a lifetime. WHEN WE EXTEND CIVIL, RIGHTS PROTEC- TION TO INCLUDE DISABILITY, MARITAL STATUS, 110D10SEXUALITY, AND AGE WE ARE INCLUDING GROUPS OF WHICH OUR FA14ILY NiP]MEERS, AND EACH OF IIS, MAY BF A PART. The proposer] civil rights ordinance is properly addressed to prevention of discriminatory ACTIONS. Although social attitudes cannot be changed by law and decree alone, it is necessary to protect individuals and individual opportunities from blatant, capricious, or arbitrary actions based upon prejudice and group stereotypes. While individual attitudes about groups of people am that individual':: concern, discriminatory actions which harm others must be halted. The proposed ordinance does not legislate morals --for example, it neither condemns nor approves of disability, growing old, or homosexuality --BUT IT WILL HELP PREVENT DISCRIMINA- TORY ACTIONS. We commend the Human Rights Commission for the proposed new Chapter 10.2 which addresses the issue of civil rights in the four areas of employment, housing, public accommodations, and credit trannactlone for people who have been classified in groups hacwd on race, creed, color, sex, national origin, religion, disnbil.it,y, marital status, homosexuality, and ago. One of the important features of the proposed ordinance is its logical consistency in all four areas of potential discriminatory actions, and its consist- ency in application of the principles of equal opportunity to individuals of all named groups. WE RECOMMEND THAT THE CITY COUNCIL ADOPT THE ORDINANCr A, PROPOSED BY THP: fpfMAN RIGH'['."-, COMMISSION, 0 - 3 - 0 Vocal support for adoption of the proposed ordinance may not be substantial. This may occur for several reasons. Much of the organized activity surrounding the black civil rights movement has tapered off with progress on the federal and state levels. The fairly mellow ethnic and religious calm in the community is not likely to result in statements of strong concern on these points. The business and civic groups which the council may look to for response on this issue are not generally composed of blacks, disabled people, homosexuals and very elderly people; thus, a strongly affirmative position would be unlikely. Similarly, opposing the ordinance would be likely to offend people unnecessarily. Individuals in classifications protected by the old ordinance may hesitate to rock the boat and risk losing the civil rights they already have. In forthcoming discussion of the ordinance, we ask that the city council listen to the silences as well as to vocal positions. For example, do single people and non -student homosexuals remain silent because they fear discriminatory actions should they speak out? THE NEED FOR EXTENSION OF CIVIL RIGHTS PROTECTION TO THE NAMED GROUPS MAY BE INDICATED BY SILENCES AS WELL AS BY TESTIMONY ABOUT SPECIFIC INCIDENCES OF DISCRIMINATION. On Behalf of the Meeting Bill Kramer, Clerk (Draft of statement requested by Ministry and Counsel, Feb. 91 1977. Discussed and approved'by the Monthly Meeting for Business, Feb. 13, 1977.) cc: S. Smith L. Ragland �l FCC; 1 ',"N AULi - Cl I Y FinJ� CIVIC CEM EA 110E WASHINGTON 5T. U �• �,/ /�///K IOWA GIW. IOWA 52210 �!�f�V�� ]I 8.]51.1800 February 22, 1977 Linda Liskow 1834 Graslon Drive' Iowa City, Iowa 52240 Dear Ms. Liskow: The City Council has received your letter concerning city-wide recycling and has referred the letter to Public Works for consideration and reply. As you know' the City began a paper pickup recycling program several years ago and has continued the program to the present day. The City Council is extremely interested in source separation of solid waste; however, we are admittedly pro- ceeding with a great deal of caution. We do appreciate your concern in this very important matter. One of the keys to the success of a source separation project is high community interest and willingness to participate. I believe letters such as yours to Council will help them decide whether such a project will be worthwhile. Since y, R. J. Plastino Director of Publi rks / RJP/jsp 7 333 i BYLAWS FOR BOARD OF APPEALS 1. The board of appeals shall meet at the call of the chairperson, or when requested by the building official or the housing inspector. 2. The chairperson of the board of appeals shall be elected by a majority of the entire regular mrunbership at the first meeting of each calendar year, to serve for a term of one calendar year. A vice -chairperson shall be elected in the same manner at the sane time for a term of one calendar year. 3. The chairperson of the board of appeals shall preside at all meetings, shall conduct all hearings, and exercise and perform such other posers and duties as may be from time to tine assigned to him or her by the board of appeals or prescribed by the bylaws. In presiding at neetings and hearings, the chairperson shall rule on procedure and on order of presentation. 4. A quorum of the board of appeals shall he any three (3) ❑nurbers. 5. The board shall be the judge of the qualifications of persons appearing as expert witnesses and shall be enpwered to refuse to receive the testimony of any purported expert not so qualified. 6. In the absence or the disability of the chairperson, the vice -chairperson shall perform all the duties of the chairperson and when so acting shall have all the powers of, and be subject to all the restrictions upon, the chairperson. 7. In the absence of both the chairperson and the vice -chairperson of the board of appeals, a chairperson pro tempore shall be elected from among those regular members present by a majority vote of all the board present. 8. Should any member have knowledge of any facts which may constitute a conflict of interest in his consideration of any appeal, he shall forthwith notify the building official or the housing inspector, and the chairperson, of said fact. 9. The building official shall be the secretary, of the board, and shall keep, or cause to be kept, minutes of the proceedings of the board of appeals and shall prepare an agenda for each meeting which shall be furnished nrinbers prior to the actual hour of the meeting. The secretary shall, in addition, be custodian of the records of the board of appeals and shall, upon the filing of an appeal, furnish each regular member with a copy of the letter of appeal. 10. Appeals from decisions of the buildirr7 official or the housing inspector shall be in writing, shall be directed to a specific decision of the building official or housing inspector and consideration of said appeal by the board of appeals shall be limited to the said specific decision. 11. AFpoals will be heard at mectirrls called pursuant to law by the presiding offiwr or l+y a majority of the mr�ni,>rs of the Laird. llearings nhall be schedulyd within thirty (30) days of the receipt of a writLen appeal, cmless both the appellant and the chairperson agree to a continuance. 332 np�x,als on an appral shall be final. 12. The decision of the board of 13. Decisions rendered by the board shall be in writing and shall state the reason or reasons for the decision. 14.The board of appeals shall not hold executive sessions, unless authorized by law. 15.I These bylaws may be anended by a vote of four of the regular members of the board of appeals, subject to the approval of the council. Adopted by Board of Appeals 2/3/77 RECEI TD & APPROVED :9X .THE LEGAL DEPARTIMEDT i 0 0 (� r:)LA c', t - `i , I ri -17 �C C6v k,:T-Lw c'L( Ptv-mLZ , I f� J t'vi Q 1—IA ("tit C G�LL LIRY1Lc.LL1- G') Cl lL ILLMt(L" Ra_CLL ILIVI ILA -1 �u,uL.t ( b-Lt-ulc( ' ��LV lct �c.pc� a}t-tiLc �Lw ���t �a�c t•,ctt rcpt ✓, c,Can� �y e we c��tct c,, SittiL L. (TV U-t,tv, bzl rt e.;hI. LP)ceL.t� t (;. Lv l_o-)a L.,)by ¢/y T°`i� (l��l i<ll ie CMi,yhCll & oAd h�eL�c�t•tiLr� c�_ tIJ"ci4Te- (0.uGl rnn-tiLc� � �-iLC✓ u bL4-vC-1t l C t -rti�_c,r ldJ`fLCt.tti r Yllf Ct�.t.L t�Ca-) (C�1L-o k (c ,l f'Yt+ INCL-tLL<L,I [ �. �GL�VS. T-1 t�rt �t.L GIyC'L ANIS L(U,),ct Ltii ��t'�lC�ft. �•,IS�C by �!� C, r a <I n til i rLi 333 IOWA -ILLINOIS GAS AND ELECTRIC COMPANY IOWA CITY, IOWA Neal Berlin City Manager City of Iowa City Civic Center Iowa City, Iowa 52240 Re: Clinton Street Mall Dear Mr. Berlin: February 7, 1977 Our Gas Department is doing considerable construction caused by our not being able to get to and repair a small natural gas leak under these modules. The older gas main must be abandoned for half a block and a new line brought above ground from under the buildings and ran over ground to reconnect buildings A B C D & E. Normally we would simply locate, dig down and repair a problem resulting in about a $500 expense. Work caused by setting those modules over our line will now make the cost run approximately $5,000, not to mention the incon- venience to traffic and your tenants. Attached is a letter we wrote you expressing our concern in 1972. It was later agreed should utility problems occurr, the modules would be moved for their repair. That is not now practicle since multiple units are rented to the same firm and modules are hooked together. You should know the costs we are incurring can happen again and cont- ribute to what all of us pay for energy. Sincerely, T.A. Woodruff Superintendent Gas Distribution Service Division Iowa-Illinoio Goo & Electric Co. TAWcesp attachment 3 O • SHULMAN, PHELAN, TUCKER, BoYLE & MULLEN ATTOPNEYO AT LAW Loins SNULMAN BREMER BUILDING WILLIAM V. PHELAN IDWACITY,IOWA OU40 WILLIAM M.TucncH TCLCPHonc DANIEL W. BOVLc ear-"I�r CNANLc! A.MuLLENSeptember 21 , 1972 3I0) STEPHEN F. BNIGHT 3; (L SIO Y BnucE L.WALncn The Honorable Mayor and City Council City of Iowa City Civic Center Iowa City,. Iowa 52240 Re: Clinton Street Project Gentlemen: You will recall that I appeared before a City Council meeting on behalf of Iowa -Illinois Gas and Electric Company in connection with the proposed vacation of the east half of Clinton Street between Washington and Burlington Streets and the construction of modular units thereon in connection with the urban renewal program. The purpose of this letter is to reiterate in writing the concern which Iowa -Illinois has in connection with this project. As you know, our main gasline lies underneath the street on the east half of Clinton Street all the way between Washington and Burlington Street and we have underground elec- tric transmission lines over part of this area. We concur fully in your program and raise no objection thereto and our only request is that you consider the safety aspects which might be involved in connection with your propos- als. If emergency service is required there are time elements which could be involved not only insofar as the removal of the modular structures but we are also prohibited by law from exca- vating laterally in excess of seven feet without shoring the 331 0 The Honorable Mayor and City Council 0 -2- September 21, 1972 entire excavation. We trust that your engineering department will keep in touch with both our electrical and gas depart- ments in connection with these matters. I also wish to call your attention to the fact that both our gas and electric lines in this area are located with- in a City street under franchise. We note that you are con- templating vacating the east half of such street which would leave our lines in a vacated street or way. You will recall last year an old section of Park Road located immediately to the west of the Iowa River was vacated and at such time the vacation proceeding or council action taken specifically gave to Iowa -Illinois Gas and Eletric Company the right to retain their electric transmission poles in this area. We request that similar action -be taken on vacation of Clinton Street. Very truly yours, William M. Tucker WMT:sf cc: Mr. Donald G. Findlay Mr. Jim Roegiers Mr. Jay Honohan • THE LUTHERAN -CHURCH OF W.M. E. 8 I ED ERMANN, PASTOR 116 Marietta Iowa City, Iowa 52240 February 7, 1977 City Council Iowa City, Iowa Dear Siri n CHRIST THE KING Phone: Office -338-5236 Home - 338.4739 Under the guise of discrimination much unsavory and destue- tive activity is tolerated. There comes a time when it is necessary to admit that discrimination is necessary to maintian a wholesome and as much as possible constructive family and community relationship. I would, therefore, urge you to continue to permit the indiv- idual to m&ke duch determinations as to the type of relationships to be permitted within housing complexes. For many people the proposed ord- nance does fall within the moral pphere. For a governmental pody to enact such legislation which interfbress with promotion of the highest of ideals for family living would seem not to be in the best interests of the community. This does not mean that housing is being denied. It merely permits individuals to maintain their own standards. Sincerely, ) Wm, E. Biedermann, pastor o''0FEB 10 19 77 BEIE STOLEU.S CITY CLERK 3 3S" 336 .. ✓/�'e � ,(LCL.[-c�ct. &C4( of �Gt/ Gww O AEJCir S i MO-FUj 334 REAC,F Feb. 4, 1977 City Council City of Iowa City Iowa City, Iowa $2240 To all Members of the City Council: On behalf of the Ralston Creek Co —Ordinating Committee I would like to thank the City Council for their continued support concerning our Ralston Creek flooding problems. The Committee would like the Council to know that we are aware of the difficulty the Council goes through each year in the allocating of the Housing and Community Developement funds. Each year our Committee has asked for a sizable portion of these funds. We appreciate the way the Council has had the foresight to realize the importance of using these funds to tl. execute our projected projects. ` The Committee feels very positive about the direction Powers - Willis and Lindleys report is going. Alot of hard work has brought us to the point we are today. Many of us feel that this experience has shown that �Plth such hard work and cooperation on the parts of staff,Council, and concerned citizens, we can bring about major accomplishments for Iowa City, Again we thank the City Council for their continued support. Sincerely Roxanne Haldeman Chairperson Ralston Creek Co-Ordinating Committee FEB 101977 ABLiE STOLFU., CITY CLERK 3 77 0 • HAYEK, HAYEK & HAYEK WILL J. HAYEK ATTORNEYS AT LAW JOHN W. HAYEK 110 EAST WASHINGTON STREET C. PETER HAYEK IOWA CITY. IOWA 52240 February 8, 1977 The Honorable Mayor and City Council of Iowa City Civir, Center Iowa City, Iowa 52240 Re: Proposed Human Relations Ordinance Mayor and Council Members: AREA CODE 918 337.9606 Since I will not be able to attend the informal discussion of the City Council on February 14 dealing with the proposed human relations ordinance, I thought that I would submit my comments on this ordinance to you by letter. Mrs. Ryan will be attending this session and will be in a position to discuss the ordinance with you. As you know, one of the reasons for the proposed ordinance is to change the procedures for enforcement in order to comply with legal requirements. I do not think that the procedural aspects of the ordinance are particularly controversial. In drafting the ordinance the legal department attempted to follow the provisions of the State statute insofar as procedure is concerned as much as possible. You should be aware that the proposed ordinance contains several new protected categories which were not found in the old human relations ordinance. The proposed ordinance makes it illegal to refuse employ- ment, public accommodations, and the like to a person because of age, marital status, homosexuality, or disability. These categories have not been in the Iowa City human relations ordinance prior to this time. The State statute, Chapter 601A, includes age and disability with respect to employment but does not include marital status or homosexuality. The State statute insofar as the provision of housing is concerned does not include age, homosexuality, or marital status. I believe that the Council should be aware that the decision as to whether or not to add these new protected categories to our ordinance is one which should be based upon considerations of public policy. There is no mandate or requirement that these new protected categories be adopted. On the other hand, I am aware of no legal impediment preventing ` LP' FEB 91977 AHIC S T OLFU,, CITY CURK 339 0 0 The Honorable Mayor and City Council of Iowa City - 2 - February 8, 1977 the adoption of these new categories if the Council so chooses. One implication of adding significant new protected categories to the human : elations ordinance is the likelihood of increased work for the commission, and the administrative and legal staffs of the City. As you know, it is already difficult to prove or disprove complaints concerning discrimination based upon race, sex, and other such factors already in our ordinance. The addition of new categories will I believe generate more complaints about employment, housing, and the like and will require additional staff and commission work. I do not make this point to you as an argument against adopting the new categories but I do believe that you should be aware of the implications of such adoption. At a previous Council meeting I did mention to the City Council that I had concerns about certain provisions of the ordinance dealing with legal staff and administrative staff. Those provisions of the ordinance have been changed and I no longer am concerned about those points. I would be happy to review this matter with you further if you choose. Respectfully s bmitted, Joh W. Hayek JWH:vb:1 cc: Neal Berlin Angela Ryan NOLAN, LUCAS A NOLAX L 76- ns AD. IOWA ITATC..NX BVILOIXO O.C.NOLAY. 1I902-1073) COWARD W.LUCAS IOWA Gli , IOWA OUOAU JOHN T.NOLAN February 10, 1977 City Council Civic Center 410 E. Washington Iowa City, Iowa 52240 Dear Sirs: 3I9-351-0221 The Iowa City Development is in the process of developing a Part 6 of Village Green, a planned area development. The Zoning and Planning Commission has informally approved it, and it would be appreciated if you would set up the public hearing on this prior to formal approval by Planning and Zoning. This will expedite matters as it will allow commencement of develop- ment somewhat earlier. Your attention on this matter will be greatly appreciated. lX-1 A EWL:jw FEB 10 1977 i- (DCJE STOLF-US CITY CLERK 36/2 1701TW74-1 NNE DATE: February 10, 1977 TO: Neal Berlin, City Manager FROM: Angela Ryan, Assistant City Attorney RE: Proposed Rezoning of North Dodge Street Property FACTS The question has arisen whether the undeveloped portion of the property at 900 North Dodge should be rezoned to an R2 classification. QUESTIONS PRESEMM In potential litigation, would the rezoning to R2 be upheld? CONCLUSION The validity of zoning must be decided on its own particular facts with due regard to the character of the neighborhood, the classification and use of nearby properties, the extent to which property values are diminished by the restriction, the suitability of the property for the zoned purposes, and the gain to the public as compared to the hardship on the property owner. DISCUSSION Whether the zoning amendirent will be upheld depends upon whether a court will find it reasonable. It may be challenged that there is no reasonable governmental interest being advvioml by'the zoning classification or that it is unreasonable because of the purely arbitrary, capricious and unfounded exclusion of other types of legitimate land use from the area in question. Rathkopf, Law of Planning and tonin 944. The courts,in many casas, have attu(ptcd to lay down a definitive rule for the determination of what is, and what is not, reasonable. In Peo le ex rel R. Larsen and Co. v. Ci of Chicago, 179 N.E.2d 676 Illino s ..court stated: "In considering the validity of a given zoning ordinance, each case must be decided on its own particular facts, with due regard to tho character of the neighborhood, the classification and use of nearby properties, the extent to which property values are diminished by the particular restriction, the suitability of the subject pro{xwLy ror the zoned purposes, and the gain to tho public as can - pared to the hardship on the property owner." In Cl v. Poro hof Eatontown 41 N.J. Supx!r 47, Uri court stated a zon rrT rr_Ju ations are to he formulntnci with reasonable %/A 0 0 BOA consideration to the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of property and encouraging the cost appropriate use of land throughout the municipality. The standard is not the advantage or detriment to particular neighboring landowners or the amer of the property in question, but rather the effect on the entire community as a social, economic, or political unit. The court in La Salle National Bank v. City of Chicago, 264 N.E.2d 799 (1970) :1hasized the trend of development in the immediate area in determining whether a particular zoning classifi- cation bears a substantial relationship to public health, safety and welfare. The property in questiontas a vacant lot in an area which was described as 90 to 95% residential. Plaintiff demonstrated that no new single family residence had been built within three blocks of the subject property within the last ten years, that all new construction had been multiple family. The court held that the single family classification was void as to Plaintiff's property. An important consideration is whether the change was made in accordance with the comprehensive plan rather than in response to Plaintiff's proposed use. Any change must be in furtherance of sound caiprehensive zoning. Petlin Associates, Inc, v. Tc%mship of Dover, 316 Ad 1(1974). The argument in favor of the zoning change is that no one has a vested right in the continuation of the existing zoning classification. A city can change the zoning classification if it is in accordance with the crnprehensive plan and allows the property owner a reasonable use for his property. we would argue that we are merely changing the boundary of the R2 zone. However, we must demonstrate that the change is in accordance with the camprehensive plan rather than in response to the intended use of a particular property owner. In addition, the rule that a property miner has no vested right in a zoning classification has a well-recognized exception: any substantial change of position, expenditures, or incurrence of obligations occurring under a building permit or in reliance upon the probability of its issuance is sufficient to create a right in the pormittee and entitles him to complete the construction and use the premises for the purposes originally authorized irrespective of a subsequent zoning or change in zoning classification. People ex rel Gustafson v. Calumet City, 241 N.E.2d 512 (1966), �It is a fact question whether the property awners will be able to demonstrate substantial expenditures in reliance upon the probability of the issuance of a permit. -3- The transfer of the northern portion of Lot 50 to Mr. Albrecht hurts their position in their ability to demonstrate substantial expenditures. The partnership may have incurred architect's fees, legal fees and organizational expenses, but Mr. Albrecht has probably incurred no expense since the transfer. There has been no definitive expression as to schen an expenditure becanes sufficiently substantial to create a vested right. Dato v. Village of Vernon Hills, 233 N.E.2d 48 (1968). The property owners would probably seek to have the rezoning declared invalid. If they prevail, the area would revert to an .R3 classification. Possible damages are too speculative to estimate. *City of Iowa CHO MEMORANDUM DATE: February 11, 1977 TO: Honorable Mayor and City Council FROM: Angela Ryan RE: proposed Rezoning of North Dodge area On February 10, 1977, Mr. Glenn Siders received an inquiry concerning the requirements for placing an apartment on the Garwood lot. It is the 60 feet x 250 feet (approx.) lot directly to the south of 902-4 North Dodge. At present, there isa single family house on the -lot. The prospective buyer wants assurance he can get a building permit before he purchases the lot. Mr. Siders was advised to decline giving any assurance with regard to the building permit or the zoning. As you may recall, the City's options with regard to building permits are either to grant such a permit or pursuant to Section 8.10.32D to deny the permit on the ground the area is being con- sidered for rezoning. If the City Council should choose the latter, the procedures of Section 8.10.32D should be implemented. M Angela Ryan 37/4 L'r , , o 9: 27 �•P � B lu �� - 80. ' � •8m .. eryto ; /• w -___ ,•.arr for 14 `• Y f 4nl.R D fn V r 14 �1 3 0 0 .- o - u 0117 lOr /3 Q .!