Loading...
HomeMy WebLinkAbout1987-10-20 OrdinanceaL OROIWUCE OROINANCE TO APM 'RE ZONI OROtG IWtCE TO ALLOW PCCFSSORY APAR84EN1S In TIE RR -1, RS -5, Z-81 RS -12, 84-12, 84-20 AND RC -20 ZOWS. him, zoning emulations are intended to Promote the public health, safety, order, and gon_ eral welfare; to conserve and protect the value of of the a and d encourage the most appropriate use of the land, and c4mlEu�of older by apartments Promote the effi- and {reservation ofhihistoric housess orvg in older neighborhoods; and houses in sssi e S, accessory apartments make it financially poblle far the elderly or handicapped to remain in without their homes subsidies, despite rising prop_ Y taxes, heating bills, and maintenance costs. WrEREAS and c�n,icnsh psfY apartments or h dicapped through shared housing arrangerents and handicapped the elderly � , accessory aparbrents provide a way for Y or handicapped to stay in hones they might otherwise have to leave. Now, lEdrEF 7ORE, BE IT RESOLVED BY 1}E CITY OF IOWA CITY: SECTION I. AURUM the Zoni e Y amen a as o ows: n9 Ordinance is I. The following new subsection is added to Section 36-4. (a): (2.1) Accessory apartments. A teoporary acces- sory dwelling unit located within an o"ner-occupied single-family dhelling and 36 4.(e): meeting the requirements stated herein. 2. The following new subsection is added to Section (1.1) Elderly. A person at least 62 years of age or 3. Section 36-4.(H�) is hereb substitutai in its place is the following led ew Section 36-4,(H): (1) Handicapped, A person certified by a medical doctor as havirg a physical or o' mental Srpairment vhich is expected to be Of long -continual and indefinite duration, Mich substantially irpedes the ability to live independently and is of a nature that the ability to live independently could be tions, id by more suitable housing condi- , 0 /V-94 Ordinance No. Page 2 4. The following new subsection is added to Section 36-4. (H) : (1.1) Hedge. A boundary formed of a row of closely planted shrubs or bushes. 5. The following new subsection is added to Section 36.6.(C): (4) Accessory apartments, subject to the re- quirenents of Section 36-55. 6. The following new subsection is added to Section 36-7.(C): (3) Accessory apartmaits, subject to the re- quirements of Section 36-55. 7. The followirg new subsection is added to Section 36-8.(C): (5) Accessory apartments, subject to the re- quirements of Section 36-55. 8. The following new subsection is added to Section 36-10.(C): (4) Accessory apartments, subject to the re- g. the followiOts Of rg new subsection son 5added to Section 36-11.(C): (5) Accessory apartments subject to the re- quirements of Section 36-55, 10. The following new subsection is added to Section 36-12.(C): (10) Accessory apartments, subject to the re- quirenents of Section 36-55. 11. The following new subsection is added to Section 36-13.(C): (7) Accessory apartments, subject to the re- d quirenents of Section 36-55. 12. The following new subsection is added to Section 36-55: (a.1) ACCeSsor rtments. The inStaTTaTTo­n—F temporary accessory apartments in owner -occupied, single family homes is permitted in accordance with the following requiremats: (1) The accessory apartment shall be complete, separate housekeeping (dwelling) unit, independent in function from the principal sirgle- fanily dwelling unit. (2) Not more than one accessory apart- ment may be established in a single- family dwelling. (3) The owW of the dwellirg in which an accessory apartment is located must occupy at least one of the dwelling units on the premises as the permanent legal resident, except /*96 .o• d Ordinance No. Page 3 for bona fide temporary absences not to exceed six months at any one time. (4) The accessory aparbnett and the principal dwelling shall be under the same o,ne-ship. (5) Theaccessory apartment shall be designed so that the appearance of the building in which it is located remains that of a single-family residence. Any new entrances should face the side or rear yard of the building, and no addition for an accessory apartment shall increase the floor area of the original dwelling by more than 10%. (6) One additional off-street parking space shall be provided for the accessory aparbnent. (7) Maximum floor area. The accessory aparhnk shall be clearly subordi- nate in area to the single-family dwelling. In no case may the acces- sory apartment contain more than 30% of the building's total floor area, or be larger than 800 square feet, or have more than bA bedrooms. (8) Minimum floor area. The accessory apartment shall have at least 300 square feet of floor area. (9) Minimum lot area per unit: None. (10) Prior to the issuance of an acces- sory apartment permit, the owner shall file in the office of the Johnson County Recorder a declara- tion of covenants stating that the right to maintain an accessory apartment ceases upon transfer of title and the right to maintain an accessory aparbnent in no way con- stitutes approval of the dwelling as a dyalex. A copy of the declaration shall be provided to the Department Of Housing and Inspection Services as a prior cordition to issuance of the permit. (Il) A notarized affidavit from the carer verifying that he/she will occupy one of the dwelling units on the premises except for baa fide tempo- rary absences and that one of the occupants is elderly or handicapped shall be submitted to the City prior to issuance of an accessory apart - /419( Ordinance No. Page 4 mart Permit. Thereafter, the "er shall, as a requireneit for contdnu- ance of the accessory apartnert use, subnit a notarized affidavitJanuaby caipliaance with 31, eacthis �'certifying (12) The effective requirenent. shall be for thrree 3of the Pernit the end of ever ()Years. At renewal Y three (3) yea's, permit should accessory ee gran aWrtrier canpletion of a routine after inspection verifyingrohat the housing I arty renains the incipal residence of the ow er and that all of the conditions of this chapter have been SECTION II.met. iAll ordinances and parts of mantes in con I ut with the provision of this ordinance are hereby repeal SECTION III. SEVEo' RABILITY; ,If an Y, I Ston o e narce shall a tion, provi- to be invalid or unconstitutional, such adudiiccaattion shall not affect the validity of the Ordinance as a vholeadjudged ed any section, povision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordinance shall me e a err ma publication as required by law.Passage, approval and Passed and approved this ATTEST. Y �� CITY CLEPK /�96 .o• Y p/ NOTICE OF RMLIC {FARING ON ORDIWICE VACATING WAL"y ON LOTS 1 ANO 2, C*MA COW SIMIVISION. Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 20th day of October, 1907, in the Street, Iowa City Civic Center Council Charbers, 410 E. Washington , to consider an ordinance vacating a public walkway across an area now shorn of Lots 1 and 2 of Cambria Court Subdivisias parts on. Persons wishing to make their views an this matter known for Council consideration are encour- aged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK /V97 .o• ORDIWWCE NO. AN ORDIW U VACATING WALIyWY BETWEEN LOTS 1 AM 2, C*MA COJfi SUBDIVISION. "RAS, Lot 90, Ty'n Cae Part II, an addition to I" City, Iowa, was resubdivided into four lots, nurbered 93, 94, 95, and 96, as shown on a plat of Subdivision of Lot 9o, recorded in Book 19 at page 49 in the Johnson County Recorder's Office; and kfEF&S, in conjunction with that resubdivision of Lot 90, the developers dedicated to the public a walkway within a 20 foot wide sanitary sewer and storm sewer easenent on Lot 95, ten (10) feet an either side of a centerline situated as follows; Cmmoncing at the Southwest corner of Lot 95 of a subdivision of Lot 90, low Ty'n Cae Subdi- vision, part II, joke City, Io, as re- corded in Book 19 at page 49 of the Johnson ty ' then northerl alongthe rly�right-of-aay lire oyf Cambria Court a distance of 74.50 feet to the 83'17'07" point East 171�06ifeet; and once North 4fRFJIS, by Agreement to Vacate Public Walkray, recorded in Book 721, page 224 in the Johnson County Recorder's office, the City agreed to vacate that walkway and relocate it in accordance with a Public Walkway Easenent recorded in Book 721, at page 229; and WIERFAS, Lot 95 vas subsequently resubdivided as Part Of Carbria Cart Subdivision, recorded in Book 29 at page 29 in the Johnson County Recorder's Office, and the walkway crosses Lots 1 and 2 of that subdivision; and WRERFAS, a title ezaniner has objected that the Agreernent to Vacate Public Walkway does not accan• plish vacation of the walkway since it does not carply with statutory procedures; and 4EFFAS, this ordinance is necessary to ccglete the intended vacation of the walkway. NOW, W-FEFORE, BE IT ORDAINED BY TW CITY COUNCIL OF IOWA CITY, IOWA, TFAT: SECTION I. VACATION. The public walkway shown and 95 of the Subdivision of Lot 90 in Ty'n Cae, arttII as shorn on the plat recorded in Book 19 at page 49 in the Johnson Canty Recorder's Office, ayynd legally de- scribed Nothing Contaenedhall herein sbe hall be�deened tocatedbe a vacation or abandornent of the 20 -fat wide sanitary sewer and storm sewer easement on the sane part of said Lot 95. 14W .o• d ordinance No. Page 2 SECTION II. SEVERABILITY: Ifshall section, be PrOged to sivi- on ar Pa be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a vhole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION III. REMUR: All ordinances and Parts of o mances in con i with the provision of this ordinance are hereby reps SECTION IV. EFFECTIVE DATE: This ordinance shall be in effect alta its final passage, app nd publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLEMC Ramtod i Appewd By Th-e,Legal DeperfttianP /497 BARKER, CRUISE, KENNEDY, HOUGHTON a FOSTER LAWYERS CHARLES A BARKER JII IOWA AVENUE. P.O. e0% 2000 JOHN D. CRUISE IOWA CITY, IOWA MICHAEL W. KENNEDY AREA CODE JIG JAMES D. HOUGHTON 322" TELEPHONE OSI olel DAVIS L FOSTER October 7, 1987 Mr. Dick Boyle City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Re: Cambria Court Public Walkway Problem Dear Dick: Rte'- ••;qp OCA 0 8 1987 LEGAL 'TMENT I just want to confirm our conversation yesterday about getting the public walkway vacated on the Cambria Court proper- tY• I would very much appreciate it if you would begin the vacation proceedings through Planning and Zoning and ask one of the staff members to give me a projected time table as soon as reasonably possible. I need to know how long we can expect it to take as we make some adjustments to close our sale trans- action. Thanks for your help on this. Ver truly yours, n D. Cruise JDC/dc cc: Philip A. Leff Michael E. Hodge Thomas Lepic 02/41-01-160 /f97 .9• M BARKER, CRUISE, KENNEDY, HOUGHTON 81 FOSTER CHARLES A BURNER LAWYERS JOHN D. CRUISE 311 IOWA AVENUE. P.O. BOX Z000 MICHAEL W. KENNEDY IOWA CITY, IOWA JAMES D. HOUGHTON 522" AREA CODE 319 DAVIS L FOSTER TELEPHONE 351.91G, September 11, 1987 Mr. Donald Schmeiser City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Re: Cambria Court Subdivision Dear Don: I need to cure a title objection concerning the property that was included in the Cambria Court Subdivision. For your SecurityeAbstractse a Companytabstract numberc82006entry It showslaon n agreement to vacate public walkway dated November 7, 1983, and recorded August 9, 1984, in Book 721, Johnson County, page 224, Records of Iowa. This walkway was to be vacated because another walkway was provided at a different location. In that regard I enclose a copy of the abstract entry number 82 showing the new walkway easement. The problem is that the abstract does not show that the necessary statutory proceedings were followed pertaining to the formal vacation of the walkway. I am asking that you find someone on the staff who might be familiar with this and have them check to see if the formal documents grecorded and shs were ever own on the abstract eted. If so, we get not g I the ask that you have the vacation proceedings If no soon as would Possible. I would appreciate it if you would haves omeone call me as soon as you can. The property has a building on it and we are trying to close a transaction, r� Ver. t 1y yours, /J n D. Cruise JDC/dc / cc: Michael E. Hodge Thomas Lepic 02/41-01-7 /q97 ORDINANCE M. _ AN ORDINANCE NfMING TIE ZONING ORDINANCE BY CHANG- ING TIE ISE ZaLATIONS OF CERTAIN PROPERTY LOCATED AT 528 IOWA AVENIE FROM RNC -2D TO CB -2. WEREAS, the subject parcel is appropriate for CB -2 zoning, located at the boundary of the RC- 20/CB-2 zones., and "Jas, the subject parcel is suitable for development of uses permitted in the CB -2 zone. fOWB CITYIT ORMINND BY NE CITY COKIL OF BE CITY OF SECTION I. be ING A"Et11fW' that the property Present classification of IS RC 20 to CB ed fran its The West 1/2 of the South 104 feet of Lot 8, and the Vest 10 feet of the North 46 feet of Lot 8, all in Block 39, in Iowa City, Iowa, according to the recorded plat thereof. SECTION II. ZONING MGP, 'Bre Building Inspector is y a mora and directed to change the zoning map of the City of Iae City, I0m, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION AtD RECORDING. The City Clerk is herthy authorized and directed to certify a copy of this Ordinance Which shall be recorded at the Office of the County Recorder of Johnson County, Iowa, Upon final passage and publication as provided Y SECTION IV. REPEALER. All Ordinances and parts of mantes m cm m with the provisions of this Ordinance area hereby repealed. SECTION V. SEVERABILITY. If any section, provision inval d or inconsttutmaal, such adjudFoftW shall be ication tion shaed to ll not affect the validity of the Ordinance as a whole, or any section, provision or part thereof not ad - Judged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE, This Ordinance shall TxiPassage, approval and pm e on e i naublication as required by law. Passed and approved this ATTEST: M4YOR CITY CLEM( DEFEATED Recon" J 4 A;q;gy.Vd nerg /rJ/f f7 /Soo .Y' a It was moved by , and seconded by that the Ordinance as read e adopted and upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO BAKER COURTNEY —' DICKSON MCDONALD STRAIT ZUBER First consideration 10/20/87 Vote for passage:Ayes: Courtney. Nays: Dickson, McDonald, Zuber, Ambrisco, Baker. Absent: Strait. Second consideration Vote for passage Date published /SOO