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HomeMy WebLinkAbout1978-06-13 OrdinanceMICROFILMED BY JORM LIICROLAB CEDAR RAPIDS AND UES MOINLS, IUWA 78-2897 ORDINANCE N0. AN ORDINANCE ESTABLISHING A PLANNED AREA DEVELOPMENT IN IOWA CITY, IOWA BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I PURPOSE. The purpose of this Ordinance is to approve a planned area development in the City of Iowa City, Iowa, pursuant to Ordinance #2446. SECTION II APPROVAL. Commencing at the SE corner of the NW; of Section 11, T79N, R6W of the gth P.M.; thence on as assumed bearing of S 89 59' 08" W, on the centerbine of Rochester Ave. 165.41 ft.; thence N 0 00' 52" W, 33.00 ft. to the point of beginning which point is on the north raght- of-way line of Rochester Ave.; thence N 89 59 0811 E 90.04 ft. on the north right-of-way line of Rochester Ave.; thence northerly 23.45 ft. on a 15.00 foot radius curve concage north- westerly (which chord bearing N 45 12' 13" g, and chord distance is 21.13 ft.); 8hence N 0 251 18 E, 249.15 ft.; thence S 89 59' 08" W, 104.93 ft.; thence S Oo 25' 18" W, 264.04 ft. to the point of beginning. Said tract con- taining 0.63 acres. (NW corner of Rochester Ave. & Seventh Ave.) Hickory Corner Subd. is hereby approved as planned area development in the City of Iowa City, Iowa, to be developed as set ofrth thein the City ClerksofoIowaid area filed thCity, Iowa, on theeOffi ce day of April , 197.L_. SECTION III BUILDING PERMITS. The Building Inspec- tor is hereby authorized and directed to issue all building and construction permits for said area on the basis of conformance with said plan. SECTION IV FILING. The City Clerk of Iowa City is ereby author zed and directed to file with the Office of the County Recorder, Johnson County, Iowa, a copy of this Ordinance after its final passage, approval and publication as provided by law. SECTION V EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by laaw., AY—OR a� M YOR ATTEST: / CITY CLLKK D Passed and approved this 13th day of June, 1978. Received & Approval By Tho Legal epartmont a r�rr MIMI Rl4Ea By JORM MICROLAB ia;ln� �:nrirs . zt., •anr,�s I-0ILROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES MOINLS, IOWA Ordinance No. 78-2897 Page It was moved by Neuhauser and seconded by Balmer , tat t e r nance be adopted, an upon rollca t ere were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl X Neuhauser x Perret —� Roberts �— Vevera 1st consideration: Moved by Neuhauser, seconded by Balmer. Vote for passage: that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting 2nd consideration: at which it is to be finally passed be Vote for passage: suspended, the first and second considera- tion and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse. Nays: none. td ICROEILMED BY JORM MICR+LAB MICROFIL14ED BY JORM MICROLAB CEDAR RAPIDS AND UES FIUINLS, IUwA` City of Iowa City MEMORANDUM DATl: June 8,etP78 TO: Neal Berlin, City Manager FROM: Angela Ryan, Asst. City Attorney rw- Rl: protest of Hickory Corner At the Council meeting of June 6, 1978, you asked me to review the protest filed by Larry and Jeanette Waters on Hickory Corner. The protest alleges that the Board of Adjustment exceeded its authority and therefore the subdivision would be in violation of the provisions to which a variance was given. The Board of Adjustment may authorize variances from the terms of the ordinance as will not be contrary to the public interest, where owing to special conditions a literal en- forcement of the provisions of the ordinance will not result in un- necessary hardship, and so that the spirt of the ordinance shall be observed and substantial Justice done. 8414.12 1977 Iowa Code. On March 8, 1978, the Board made the finding that these criteria had been met and authorized the variance. @414.15 provides that any person aggrieved by a decision of the Board of Adjustment may file a petition for certiorari in district court within thirty days after the filing of the decision in the office of the board. Since that decision was not appealed, it would seen inappropriate to ask the Council to determine if the Board of Adjustment exceeded its authority. 14ICROFILI.I10 BY ,IORM MICROLAB C I ,)AP. II;,: 1 I'.•. I:I l 6101':! S MICROFILMED BY DORM MICROLAB CEDAR RAPIDS AND DLS FIUINL:,, lUvr?. ORDINANCE NO. 78-2898 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM C2 TO CBS ZONE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of C2 Zone and the boundaries of CBS Zone as—indicated--upon - the Zoning Map of the City o Iowa City, Iowa, shall be enlarged to include the following property, to -wit: A parcel of land in Block I, Berryhill and Pierce's Addition and in Lots 5, 9 and 10, Lyman Cook's Subdivision of Out Lot 25, all in Iowa City; Johnson County, Iowa, described as follows: And, Beginning at a point on the east Il easterly from as measured at right Elmira Main Track and south leg of Railroad Company's Wye Track No. 7 parallel with and 12 feet southeast section with a line 12 feet souther to the centerline of the Chicago, I pany's Spur Track No. 4; thence not southeasterly of said Track No. 4 ne of Gilbert Street 12 feet south - angles to the centerline of the Old the Chicago, Rock Island and Pacific as now located; thence northeasterly erly of said Track No. 7 to its inter- sterly of as measured at right angles ock Island and Pacific Railroad Com- theasterly parallel with and 12 feet o a point on the west line of Van Duren Street; thence northerly along the west line of Van Buren Street to its Intersection with a line 20 feet northeasterly from as measured at right angles to the centerline of the Chicago, Rock Island and Pacific Railroad Company's northerly wye track; thence northwesterly parallel with and 20 feet northeasterly of sold wye track to a point on the north line of said Lot 9; thence westerly along the north Ilne of said Lot 9 to the north- west corner of said Lot 9; thence southerly along the west line of said 'Lot 9 to a point on the north line of said Lot 5 extended; thence west- erly along the north line of said Lot 5 extended and the north line of said Lot 5 to a point on the east line of Gilbert Street; thence south- erly along the east line of Gilbert street to the point of beginning. Comnencing at the southwest corner of Lot 6, Block 1, Pierce and Berry - hill's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence north along the east line of Gilbert Street 92 feet to the south right of way line of the Chicago, Rock Island 6 Pacific Railroad Company right of way, thence northeasterly along the south right of way line on a line 25 feet perpendicular to and parallel to the centerline of said railroad track to its point of Intersection with the west wing abutment of the bridge located on the west side of Van Buren Street In Iowa City, Iowa, over Ralston Creek, which point is 30 feet north and 25.2 feet west of the southeast corner of Lot I in said Block I, thence southwesterly to a point on the south line of said Lot 6, 41 feet cast of the point of beginning, thence west 41 feet to the point of beginning. Received 11, Approved By Tho Lc al Department aiCc� MIMI ILM10 By ' JORM MICR6LAB 0, M MICROFILMED BY JORM MICROLAB Ordinance No, 78-2898 Page 2 • CEDAR RAPIDS AND DES MOINES, IOWA Except that portion lying southerly of a Ilne'parallei wlth, and measured in a southerly direction, twenty-five feet perpendicular to the northerly line of said Lot 9 and said northerly, line extended easterly. (412 S. Gilbert St.) as requested by Gary Abrams. Section 2. The building inspector is hereby author- ized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to the County Recorder of Johnson County, Iowa, upon final passage, approval and publication as provided by law. r,11CROFILMED BY JORM MICROLAB m Ordinance No. 78-2898 Page • CEDAR RAPIDS AND DES MUINES, IUWA It was ?o by Balmer and seconded by ,tat the Ordinance be adopted, an upon rollca t ere were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser z Perret x Roberts x Vevera 1st consideration: 6/6/78 Vote for passage:: Aye— Balmer, deProsse, Erdahl, Roberts, Vevera. Nays: Perret. Absent: Neuhauser. 2nd consideration: Moved by Balmer, seconded by Neuhauser, Vote for passage: that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Roberts, Vevera, Balmer, deProsse, Erdahl, Neuhauser. Nays: Perret. � _tf 41CROFILMED BY JORM MICR+LAB CUR F..APLS • ;85'101905 u C 141CROFILMED BY JOP.M 14ICROLAB CEDAR RAPIDS AND DLS MOINLS, 10WA ORDINANCE NO. 78-2899 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING PROPERTYSFROM CE TO CBS CERTAIN CBS ZONE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reation of classified and the boundaries of aZted fpresent CBS Zone as te upon the Zoning Map of t e ity o n ta Iowa City, Iowa, shall be enlarged to include the following property, to -wit: A parcel of land in Block I, Berryhlll and Pierce's Addition and in Lots 5, 9 and 10, Lyman Cook's Subdivision of Out Lot 25, all In Iowa City; Johnson County, Iowa, described as follows: And, Beginning at a point on the cast line of Gilbert Street 12 feet south- easterly from as measured at right angles to the centerline of the Old Elmira Haln Track and south leg of the Chicago, Rock Island and Pacific Railroad Company's Wye Track No. 7 as now located; thence northeasterly parallel with and 12 feet southeasterly of said Track No. 7 to its inter- section with a line 12 feet southeasterly of as measured at right angles to the centerline of the Chicago, Rock Island and Pacific Railroad Com- pany's Spur Track No. 4; thence northeasterly parallel with and 12 feet southeasterly of said Track No. 4 to a point on the west line of Van Buren Street; thence northerly along the west line of Van Buren Street to its Intersection with a line 20 feet northeasterly from as measured at right angles to the centerline of the Chicago, Rock Island and Pacific Railroad Company's northerly wye track; thence northwesterly parallel with and 20 feet northeasterly of said wye track to a point on the north line of said Lot 9; thence westerly along the north line of said Lot 9 to the north- west corner of said Lot 9; thence southerly along t11e west line of said Lot 9 to a point on the north line of said Lot 5 extended; thence west- erly along the north line of said Lot 5 extended and the north line of said Lot 5 to a point on the east line of Gilbert Street; thence south- erly along the cast line of Gilbert Street to the point of beginning.. Conuuencing at the southwest corner of Lot 6, Block I, Pierce and Berry - hill's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence north along the east line of Gilbert Street 92 feet to the south right of way line of the Chicago, Rock island G Pacific Railroad Company right of way, thence northeasterly along the south right of way line on a line 25 feet perpendicular to and parallel to the centerline of said railroad track to its point of intersection with the west wing abutment of the bridge located on the west side of Van Buren Street in Iowa City, Iowa, over Ralston Crack, which point Is 30 feet north and 25.2 feet west of the southeast corner of Lot 1 in said Block 1, thence southwesterly to a point on the south line of said Lot 6, 41 feet cast of the point of beginning, thence west 41 feet to the point of beginning. By The Legal & Approvod Deparimonl ---///3 OFILMED BY JoRM MICROLAB r41CROFILMED BY JORM MICROLAB Ordinance No. 78-2899 Page 2 CEDAR RAPIDS AND UES MOINES, IOWA Except that portion lying northerly of a line parallel with and measured in a southerly direction, twenty-five feet perpendicular to the northerly line of said Lot 9 and said northerly line extended easterly. And except that portion lying southerly of the following described line; Conmlencing at the northwesterly corner of Lot 7 of said Block 1; thence southerly sixteen feet along the westerly line of said Lot 7 to the point of beginning; thence easterly sixty-five feet along a line parallel with the northerly line of said Lot 7 to a point; thence southeasterly to a point on the southeasterly boundary line of the above described parcel of land; said point being one hundred twenty-five feet from the southerly line of Lot 6 of said Block 1 as measured along said south- easterly boundary line. (406 S. Gilbert St.) as requested by Sam Abrams. Section 2. The building inspector is hereby author- ized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to the County Recorder of Johnson County, Iowa, upon final passage, approval and publication as provided by law. Passed and approved this 13th day of June lyra. �OR ATTEST: G IT L ' t4lcRor ILMCB BY JORM MICR6LAB [LUAU N;d 1D'. ]L. 4101':LS I hICROF1LMED BY JORM 141CROLAB Ordinance No. 78-2899 Page • CEDAR RAPIDS AND ULS 1401NL�,, IUWA It was moved by Balmer and seconded by Neuhauser , that the r nance be adopted, and upon ro ca there were: AYES: NAYS: ABSENT: X Balmer .x_ deProsse x_ Erdahl x_ Neuhauser x_ Perret x Roberts x Vevera 1st consideration: 6/6/78 Vote for passage: yes: deProsse, Erdahl, Roberts, Vevera, Balmer. Nays: Perret. Absent: Neuhauser. 2nd consideration: Moved by Balmer, seconded by Neuhauser, Vote for passage: that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to.the meeting at which it is to be finally passed be suspended, the first and second considera- tion and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Vevera, Balmer, deProsse, Erdahl, Neuhauser, Roberts. Nays: Perret. r MICROFILMCD BY JORM MICR+LA6 LL.IAf; Ii4Pl!i'.. aiL '-001'11.$ 7