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HomeMy WebLinkAbout2022-11-01 OrdinanceItem Number: 7.a. November 1, 2022 O rdinanc e rezoning property located at 937 E Davenport S treet from Medium Dens ity S ingle-F amily R es idential Zone (R S -8) to Medium Density S ingle-F amily R es idential with a His toric District O verlay (O HD/R S -8). (R EZ22-0013) AT TAC HM E NT S : Description Staff Report with Attachments L ate Correspondence P&Z 10.19.22 Minutes Rezoning Ordinance STAFF REPORT To: Planning and Zoning Commission Item: REZ22-0013 937 E Davenport Street Prepared by: Emani Brinkman, Planning Intern Date: October 19, 2022 GENERAL INFORMATION: Applicant: Marybeth Slonneger mbslonn@mchsi.com Contact Person: See above Owner: See above Requested Action: Rezone from Medium Density Single-Family Residential (RS-8) to Medium Density Single-Family Residential with a Historic District Overlay (OHD/RS-8). Purpose: To designate the property as an Iowa City landmark Location: 937 E Davenport St Location Map: Size: 0.17 Acres Existing Land Use and Zoning: Medium Density Single-Family Residential (RS-8) Surrounding Land Use and Zoning: North: Medium Density Single-Family Residential (RS-8) South: Medium Density Single-Family Residential (RS-8) East: Medium Density Single-Family Residential (RS-8) West: Medium Density Single-Family Residential (RS-8) Comprehensive Plan: Single-Family & Duplex Residential 2 District Plan: Central Neighborhood Open Space District: C1 Public Meeting Notification: Properties within 500’ of the subject property received notification of the Planning and Zoning Commission public meeting. A Landmark Designation sign was posted on the site. File Date: September 22, 2022 45 Day Limitation Period: November 5, 2022 BACKGROUND INFORMATION: The owner, Marybeth Slonneger submitted a rezoning application requesting that the property at 937 E Davenport Street be designated as an Iowa City Historic Landmark. 937 E Davenport Street, the John and Anna Vrchoticky Prybil Cottage, was constructed around 1874. The home is in the style of other early Goosetown cottages from the same period. The subject property is a simple single-story ell cottage. It has a rear gabled wing and a corner open porch on the right- hand side of the house in the rear. Both Historic Districts and Local Historic Landmarks are zoned as a Historic District Overlay. While Historic Districts are geographically cohesive and have properties with different owners around each other, Local Landmarks typically stand alone. Local Historic Landmarks are similar to Local Historic Districts in that some part of the property has historic significance. ANALYSIS: Current Zoning: The property is currently zone Medium Density Single-Family Residential Zone (RS-8). The purpose of RS-8 is primarily to provide for the development of small lot single-family dwellings. The regulations are intended to create, maintain, and promote livable neighborhoods. The regulations allow for some flexibility of dwelling types to provide housing opportunities for a variety of household types. Proposed Zoning: Local Historic Landmark designation for 937 E Davenport Street, a property in a Medium Density Single-Family Residential Zone (RS-8), will require Historic Preservation Commission approval of any significant changes to the exterior of the building. Landmark status will also make the property eligible for special exceptions (Section 14-2B-8 of the zoning code) that allow the Board of Adjustment to waive or modify certain zoning requirements to help support the continued use of historic buildings. Landmark designation will also make it possible for financial incentives such as tax credits and the Iowa City Historic Preservation Fund to be available. Planning and Zoning Commission Review: Local landmark designation is a Historic District overlay and therefore requires a recommendation from the Planning and Zoning Commission to the City Council. Per 14-8E-1E the Commission’s role is to review the proposed designation based on its relation to the Comprehensive Plan, as well as proposed public improvements and plans for renewal of the area involved. 937 E Davenport Street is in the Central Planning District. The Central District Plan encourages preservation of historic homes, resources, and neighborhoods, especially in areas close to the University. The plan also encourages a mix of housing types in a neighborhood (p. 2). This 3 property is almost 150 years old and has seen very few changes. 937 E Davenport is one of the few remaining houses that show Goosetown’s early history as a semi-agrarian ethnic community. With the local landmark designation, the underlying zoning of RS-8 will not change. The Historic Preservation element of the Comprehensive Plan includes Goal 1: Identify historic resources to Iowa City’s Past. Under this goal the Commission is charged with continuing to research and evaluate properties and to pursue local landmark designation when appropriate (pg. 21,31-33). The Comprehensive Plan also mentions taking opportunities to preserve historic features of a site to add character and amenity values to neighborhoods (pg. 20). Landmarking this property allows the City to preserve a part of the Bohemian heritage of Iowa City and Iowa. Iowa City’s Historic Preservation Plan encourages pursuing local landmark designations when appropriate to provide protection for important historic resources in areas that are not in conservation or historic districts. In terms of proposed public improvements, the only planned improvement per the 2022-2026 Capital Improvement Program are renovations to Reno Street Park, which is approximately two blocks from the proposed rezoning. The designation of this property will not impact the ability of the City to make these park improvements. SUMMARY: In summary, Staff supports the local landmark rezoning of 937 E Davenport Street from Medium Density Single-Family Residential (RS-8) to Medium Density Single-Family Residential with a Historic District Overlay (OHD/RS-8). Both the Comprehensive Plan the Central District Plan contain language about protecting historic resources through regulatory measures and conserve historic neighborhoods. NEXT STEPS: Upon recommendation from the Planning and Zoning Commission, the rezoning will be considered for approval by the City Council. STAFF RECOMMENDATION: Staff recommends approval of REZ22-0013, an application to designate 937 E Davenport Street as an Iowa City Historic Landmark and rezone from Medium Density Single-Family Residential (RS-8) to Medium Density Single-Family Residential with a Historic District Overlay (OHD/RS-8). ATTACHMENTS: 1. Location Map 2. Staff Report to the Historic Preservation Commission; October 13, 2022 Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services E DAVENPORT ST CENTER STAn application submitted by Marybeth Slonneger, to request the rezoning of approximately 0.172 acres of property from Medium Density Single-Family Residential (RS-8) to Medium Density Single-Family Residential with a Historic District Overlay (OHD/RS-8). µREZ22-0013 937 Davenport Landmark Prepared By: Emani Brinkman Date Prepared: September 2022 0 0.01 0.020.01 Miles Attachment 1 Iowa City Historic Preservation Commission City Hall, 410 E Washington Street, Iowa City. IA. 52240 Memorandum Date: October 5, 2022 To: Historic Preservation Commission From: Jessica Bristow, Historic Preservation Planner Re: 937 East Davenport Street, John and Anna Vrchoticky Prybil Cottage The applicants, property owners Marybeth and Kenneth Slonneger, have requested that the property at 937 East Davenport be designated as an Iowa City Historic Landmark. Designation of the property as an Iowa City Historic Landmark will require Commission approval of any significant changes to the exterior of the building. Landmark status will also make the property eligible for special exceptions that would allow the Board of Adjustment to waive or modify certain zoning requirements and for State Tax Credit funding of rehabilitation work as well as funding through our Historic Preservation Fund for eligible rehabilitation projects. As the attached site inventory form describes, the cottage at 937 East Davenport was built as a side- gabled one-room cottage with a loft above for the children to sleep. The front door is centered on the house and there is a single window to the east of the door. A gable addition was added to the rear of the house before 1882 and a second, smaller gabled addition was added prior to 1920. Also prior to 1920 an open porch was added to the EL created by the original portion of the house and the first addition. The house has wood lap siding with corner boards, minimal flat casing surrounding double- hung windows, and a brick chimney in the end of the first addition. This house has had very few changes since 1920. At some point, rolled asphalt siding was installed, covering the original wood. The asphalt siding was removed before 2012 and the roof, which was originally wood shingle and likely replaced over time with metal, was also replaced by then with the existing metal roof. The current owners extended the porch to the rear of the house, along the side of the rear addition. New trim boards have been installed over the original trim which remains underneath. This alteration could be reversed. Unlike similar small cottages in the area, 937 East Davenport has not had the history of numerous additions and alterations that many other small cottages have suffered. It is still recognizable in its historic configuration. John Prybil was a Bohemian immigrant and a brick mason. Returning to Iowa City from Chicago in 1873, he married Anna Vrchoticky and by 1874 they were living in the one room Cottage at 937 East Davenport Street. The cottage was likely built by them. It does not appear on the 1868 Bird’s Eye View Map of the neighborhood. By the time of the 1880 census, the couple was living in the house with their first two children. While living in the one-room house they built the first addition and increased their family to four children. In 1882, the Pribyl family purchased 405 Reno Street, the former district schoolhouse, moved there, added to that house, and grew to a family of ten. In her June 2000 report on the area, Survey and Evaluation of the Goosetown Neighborhood (Phase III), historian Marlys Svendsen wrote, Attachment 2 The survey found that the patterns of development experienced in Goosetown over the past 13 decades have produced a neighborhood that shows few remnants of its earliest history as a semi-agrarian ethnic community. These surviving vestiges include the dozens of 1 and 1 ½-story frame dwellings densely clustered along the 900-1100 blocks of Bloomington, Davenport, Fairchild and Church Streets.1 The area consisted of mostly long narrow lots with the house located near the street allowing for gardens, orchards, and animal grazing in the yards. A large portion of the Goosetown area was home to a largely working-class immigrant population from Bohemia and Germany. The Woods addition was known for the density of the lots. When it was platted in 1855, Woods did not include the continuation of Summit Street as the major North/south street separating the Outlots of the original town plat from Woods Addition. This allowed him to create longer block with more lots. He also reduced the width of the north/south streets in the addition. Despite Woods’ goals for increased density, many of the original landowners purchased multiple lots where they only built one house. This allowed them to utilize the rest of the property for subsistence farming. Additional houses were added later as family members built houses on the larger lots or the original lots were sold off. At the time the house was constructed at 937 Davenport the lot was a narrow, 20 feet wide, an example of that density that Woods sough for his Addition. The small house and long lot would have provided the family with space to grow food and tend animals. Eventually over time, a portion of Outlot 7 was added to the lot for 937 East Davenport, increasing the width of the lot to 50 feet. Small houses such as this were often used as starter homes for young couples. In fact, as Svendsen states in her report, “Rental housing had been a part of Goosetown’s history from its earliest days with small cottages serving as first-homes for the young families who rented them. Some of Goosetown’s most modest residences provided housing for multiple generations.”2 By 1892, the house at 937 Davenport was owned and occupied by James Solnar, a laborer and his wife Frances. By 1899, their son, who was also a laborer, was boarding in their home and within a few years had married and the house was occupied by the young couple. After 1915, the property became a rental house. Landmark Designation The Commission should determine if the property meets criterion A. and B. and at least one of the criteria C., D., E., or F. for local designation listed below: a. Significant to American and/or Iowa City history, architecture, archaeology and culture; b. Possesses integrity of location, design, setting, materials and workmanship; c. Associated with events that have made a significant contribution to the broad patterns of our history; d. Associated with the lives of persons significant in our past; e. Embodies the distinctive characteristics of a type, period, or method of construction; or represents the work of a master; or possesses high artistic values; or represents a significant and distinguishable entity whose components may lack individual distinction; f. Has yielded or may likely yield information important in prehistory or history. 1 Page 8 2 Page 9 Staff finds that the property is recognizable as a small, historic Goosetown Cottage and that the history of Goosetown is a significant aspect of our community history, so the property meets Criterion A. In addition, the property is located in its original location, retains most of the historic materials that define its historic character, and surrounded by residential properties that are indicative of its original setting even though the area is not farmed in the same way it was historically. Therefore, staff finds it meets Criterion B. This house is an intact example of the small cottages constructed by the immigrant population of Goosetown. Its was owned and built by a Bohemian immigrant who worked as a stone mason and was later occupied by multiple generations of one family and even became a rental property or starter home that was common in the neighborhood. The house is also one of the only remaining relatively unaltered cottages of this one-room side-gabled type. For these reasons, staff finds that this house is associated with the Goosetown immigrant population, the historic housing types of the neighborhood, and their living habits, so that it also meets Criterion C. While information is known about the first occupants and later occupants of the house, none of these occupants could be considered significant to Iowa City’s past as individuals or through their occupations. So, Staff does not find that it meets Criterion D. 937 East Washington is intact, but the roof has been replaced, more modern trim covers the original trim, and there have been changes to some rear openings and the rear porch. The windows are historic wood windows but at least the front window was likely replaced from the original window. While the house has integrity to be eligible for landmark designation, and may be considered to still embody the distinctive characteristics of a type and period of construction, at this time, staff does not find that the house meets Criterion E. Criterion F typically involves the possibility that the property has the potential to yield archeological information. Given the limited number of changes to the building and the rest of the property, it may be possible for the property to contain archeological resources, but nothing is known about it at this time. The use of brick in the wall as a form of insulation is evident in the house and does provide information about some past building practices. Even so, staff does not find that there is enough information to consider the property meeting Criterion F at this time. Based on the information provided, staff finds that the property meets criteria A, B, and C, and therefore qualifies as an Iowa City Historic Landmark. Attachments include Site inventory forms for the property, a statement and history document created by the applicant, a location map, and photos. Recommended Motion: Move to approve the designation of 937 East Davenport Street (John and Anna Vrchoticky Prybil Cottage) as an Iowa City Historic Landmark based on the following criteria for local designation: criteria A, B, and C. 937 East Davenport – front façade (north) 937 East Davenport Street- NW corner 937 East Davenport – NE corner with porch to the right 937 East Davenport Street - south elevation showing the first addition (before 1882) with the chimney, the later addition (before 1920) in the foreground and the porch on the left. The porch originally only extended along the side of the first addition. Site Inventory Form State Historical Soc iety o f Iowa (January 28, 1997) 1. Name of Prope rty State Inventory No. 52-01309 0 New 181 Supplemental 0 Part of a district with known boundaries (enter inventory no.)~--------- Relationship : 0 Contributing 0 Noncontributing 0 Contributes to a potentia l district with yet unknown boundaries National Register status: (any that apply) 0 Listed 0 De-listed 0 NHL 0 DOE Review & Com pliance No .. -------------------- 0 Non-Extant (enter year)------------------ historic name James and Frances Solnar House other names/site number ------------------------------------- 2. L o cation street & number 937 East Davenport Street cttyortown ~Io~wa~C~i~cy~-~~=--~~~------~-­ Legal Description : (If Rural) T ownship: Name No. 0 vicinity, county .-J~o~hn~so~n--=--:----=-~----- Range No. Section Q uarter of Quarter (I f Urban) S u bd ivision Original Town Block (s) OL7 Lot (s) E20'ofNhalf&partWoodsl/10 3. State/Federal Agency Certification (Skip this Section] 4. National Park Service Certification [Skip this Section] 5. Classification Category of Property (Check only one box) 181 buil ding(s) Number of Resources within Pr operty (Do not include previously listed resources} 0 district 0 site 0 structure 0 object Contributing Noncontrib uting 1 1 bu ildings sites structures obj ects Tot al Name of related project report or multiple property study (Enter "N/A" if the property is not part of a multiple property examination). Title HistoricaVArchitectural Data Base Number Goosetown Neighborhood Phase ill Survey 52-034 6. Function or Use Historic Functions (Enter categories from instructions) Current Functions (Enter categories from instructions) OlAOl DOMESTIC/single dwelling/residence OlAOl DOMESTIC/single dwelling/residence 7. Description Architectural Classification (Enter categories from instructions) Materials (E nter categories f rom instructions) 09A03 OTHER/House/Side..Qabled One Story found at io n !:!:04~ST~o~N~E,__ ____________ _ walls 086 ASPH ALT/Rolled roof 08A ASPHALT/Shingle other Narrative Description (181 S EE CONTINUATION SHEETS, WHICH MUST B E COM PLET ED) 8. Statement of Significance Applicable National Register Criteria (Mark ·x· in one or more boxes for criteria that may qualify the property for National Reg ister listing) 181 Ye s 0 No 0 More Researc h Re co mme nded A Property is associated with si gnific ant events. 0 Yes 181 No 0 More Rese arch Recommended 8 Property is associated with the lives of significa nt persons . 0 Yes 181 No 0 More Resea rch Recommended C Property has distinctive arc hitect ural cha racte ristics . 0 Yes 181 No 0 More Research Reco m mended D Property yields significant information in archaeol ogy or history. Criteria Considerations 0 A Owned by a religious institution or used for religious purposes . 0 8 Removed from its original location. B C A birthplace or grave. D Acemetery 0 E A reconstructed building, object, or structure. 0 F A commemorative property. 0 G Less than 50 years of age or achieved significance within the past 50 years. Areas of Signi fica n c e (Enter categories from instructions) S ignificant Dates Construction date ca.l885 l4C06 ETHNIC HERIT AGFJEUROPEAN/Bohemia Si gnifica nt Person (Complete if National Register Criterion B Is marked above) N/A Other dates Archite ct/Builder Architect unknown Builder unknown Narrative Statement of Significance (f8l SEE CONTINUATION SHEETS, WH ICH MUST BE COMP LET ED) 9. Maj or Bi bliographical References Bibliography 181 See continuation sheet for citations of the books, articles, and other sources used in preparing this form 10. Geographic Data Yr¥:B.!!!i!~:!Pf:'!:'P"'..4Q:n = '"" •••••••·••• ·· ·· · · .. • , :: ::=: , :::::: ., .. :::: : ........... _ .. __ _ ·'1 ::::::-::::::::::;:::;:::.:::·:;-::.:.............. ::::::::-:::::-:::::::::::::::::::::... ...2. . ••.. :::: ......• =.:.:.· ::::::::::::::::: ::::::::::::::::::::::_::::·::. ................ ::::::::::::,,:: •.. ::=· ,_~_;_:_!_!zw_:._:_:_;_;_ •. _;:_;_:_i_!·_:._:i ;l :~·~~1.·::::-::::::: ::-=::: ~~~J#JI i-•=••=•••= ·=====••••·==• · ' ·:4 .· z~~ .. --~-$b'~I · i ."'. ·W:~~f1~:::=:: ···· .· .·: > < ~=?;}:n~r: =: = = :.:::<==-====:=======-==~:~ ~-=~ ~ ~ ~ ~ ~ ~ ~t:~ \===-=·=·==-==·-· = =·= = = = = = = =-= = = = == = = = =·= = ::: = =-== = =-= = = = =-·-----; = =---= = = = = =: = = = == =-. . . = = --· ·-----· · · · · · ·-; ; ; :; i; = = =: ~; =;; i ~:~:: i ~ ~ ~; i.i H n ~ i ~ ;.; ; ; i·;;; ~ ;·;;; ii ~ ~ i i ii"i ~ i;;;::: '' ' ' 0 See continuation sheet for add~i~~ai UTM references or co~~~~ 11. Fonn Pre pared By name/title Marlys A . Svendsen org an ization Svendsen Tyler, Inc. street & num ber N3834 Deep Lake Road city or town Sarona date 3/2000 telephone 715/469-3300 state -'WI~-----zip code 54870 ADDI TIONAL DOCUMENTATION (Submit the following items with t he complet ed form) FOR ALL PROPERTIES 1. Map showing the property's location in a town/city or township 2. Site plan showing positio n of buildings and structures in the nominated area in relation to adjacent public road(s). 3. Photographs : representative black and white photos. If the photos are taken as part of a survey for which t he Society is to be curator of t he negatrves or cOlor slides, a photo/catalog sheet needs to be induded with the negatives/slides and the following needs to be provided below on this particular inventory site: Ro iVslide sheet# 9636 Frame/slot# 13 Date Taken 11/3/99 Ro iVslide sheet # Frame/slot# Date Taken Ro iVslide sheet# Frame/slot# Date Taken 0 See continuation sheet or attached photo & slide catalog sheet for list of photo roll or slide entries. 0 Photos/illustrations without negatives are also in this site inventory file FOR CERTAIN KINDS OF PROPERTIES , INCLUDE THE FOL LOWING AS W EL L 1. Farms tead & District (List of structures and buildings, known or estimated year built, and contributing or non-contributing status) 2. Bam: a. A sketch of the frame/truss configuration in the form of drawing a typical middle bent of the barn. b. A photograph of the loft showing the frame configuration along one side. A sketch of the interior the barn's exterior dimensions in feet. Iow a Department of Cultural Affairs State Historical Society of Iowa Iowa Site Inventory Form Continuatio n Sheet Page James and Frances Solnar House Name of Property 7. Narrative Description Site Number 52-01309 Johnson County in Iowa This !-story single-family frame dwelling dates from ca .l870 according to City Assessor Records . Property Transfer Records and city directory listings do not confirm such an early construction date , but the form of the house is consistent. The house is an example of the Side- Gabled Roof One Story house form frequently used for small houses in the Goosetown neighborhood. This example is a very small building on a very narrow lot (only 20 ' wide). lt has a single window to tl1e left of the centered entrance door on the front fac;:ade although the rolled asphalt brick siding on the house could be covering an additional window. Fenestration includes 1/1 double-hung sash in various sizes in other locations. The house is set on a stone and brick foundation and is clad in rolled asphalt brick siding over clapboard siding. Added floor space is provided in two successive gabled additions at tl1e rear that form an ell. An open porch fills the rear ell . 8. Statement of Significance This house is a well-preserved example of a very small Goosetown residence . It is a variation of a house form once common in the Goosetown neighborhood, the Side-Gabled Roof One Story cottage. lllis house form was typical of many of the dwellings built and occupied by residents of Iowa City's Bohemian Goosetown neighborhood in tl1e years preceding tl1e tum-<Jf-the-century . Such houses were easily expanded, moved , and modified as tl1e needs of the families dictated. Like many such houses, tllis example has several additions. As a result of changes made in its appearance, tlus house is not eligible for the National Register individually under Criterion C . Retention of its basic fonn, however, makes it a contributing structure in a potential Goosetown Historic District. This house likely dates from ca. 1885 shortly after James Solnar acquired the parcel from E.G. Fracker. Solnar, a laborer, and his wife Frances were listed in city directories at tllis address in 1892. By 1899 James, Jr., also a laborer, was boarding in his parents' home. Witilin a few years it appears that tile son married and he and his wife Josephine made tlus house their residence. In 1915 James Solnar sold tile property to Fred Zinkula who it city directories do not indicate resided here. Tenants in subsequent years included William Stoddard, a plumber, and his wife Carrie, a helper at tile State University of Iowa Laundry . Lillian Zinkula, Fred's widow, eventually sold tlle house in 1958 . 9 . Major Bibliographic References Iowa City city directories . Property Transfer Records, Johnson County Auditor's Office . Tax Assessor's Records, City of Iowa City Assessor. #52-0 10-1031, Goosetown Neighborhood Survey, 1985. Sanborn maps, 1879, 1888, 1892, 1899, 1906, 1912 , 1920, 1926, 1933, and 1933 updated to 1970 . Slonneger, Marybeth, Small But Ours, Iowa City , Iowa : By Hand Press, 1999, pp. 314, 343 . Additional Documentation Iowa De partment of C ultural Affairs State Historical Society of Iowa Iowa Site Inventory Form Continuation Sheet Page 2 James and Frances Solnar House Name or Property Plat Map Photograph N r Site Number 52-01309 John son County in Iowa 0 I' 3 4- ~ ~ Iowa Site Inventory Office of Historic Preservation Iowa State Historical Department East 12th & Grand Avenue Des Moines. Iowa 50319 Identification 1. Site N~me Site Number 5 ..:t-() /0-/0 3 I District Name Goosetown Map Reference fl ___ ___.t....L...__ _________ _ 2. Vill~ge!T own/City Iowa City Township ____________ County __ ... I....,ou.hun""s"'-oLWn,__ ___ _ 3. Street Address 937 East Davenport OT OL7 E20' of N\ 4. Woods 1 10 W\ Leg~l LocAtion Ur!Mn: subdiYilion township block parc~l subpiorcel r~n8e section •;. section of v. section Rur•l : 5. UTM Loc~tion: zone eastin ~------northin~ ______ ; Acreage, ______________ _ 6. Owner(s) N•me Hotle, Phillip P. 7. Owner(s) Address Same (Street ~ddressl !City) iStotel !Zip I 8. Use: Presen (_ ___________________ Original ____________________ _ Description 9. o~te of Construction ___ .... 1._.8L7LO""----~ArchitectJBuilder -------------------------- 10. Building Type: [i] single-family dwelling 0 multiple-family dwelling 0 commercial 0 industrial 0 educational 0 other institutional 0 public 0 religious 0 agricultural 11 . hterior w~lls: 0 clapboard 0 stone 0 brick 0 board and batten 0 shingles 0 stucco lXI other aspha 1 t roll shingle 12. Structur~l System: O wood frame with interlocking joints :xJ wood frame with light members (balloon frame) O masonry load-bearing walls 0 iron frame 0 steel frame with curtain walls 0 reinforced concrete Oother __________________________________________________ _ 13. Condition: 0 excellent 0 good 8] fair 0 deteriorated 14. Integrity: [8 original site 0 moved-if so, when?-------------------------------- Notes on alterations. additions (with dates and architect. if known) and any other notable features of building and site : 15. Rel~ted Outbuildings And Property: 0 barn 0 other farm structures 0 carriage house 0 garage 0 privy 0 other ---------- 16. Is the building end~ngeredl ~ no 0 yes-if so, why? ____________________________ _ 17. Surroundings of the building: 0 open land 0 woodland 0 scattered outbuildings O densely built -up O wmmercial 0 industrial ~residential 0 other------------------------------------ 18. Map 19. Photo'-' I Roll ii'f \~ Frame ___ 7 __ View ---------- 937 E. DAVENPORT STREET A FIRST GENERATION IMMIGRANT COTTAGE IN GOOSETOWN About a half a block away from our house stands a tiny cottage at 937 Davenport Street, a cottage that I’ve always admired, one that is typical of the first homes built in Goosetown by the original immigrant families. A number of years ago, I was very pleased when I saw that a brand new metal roof had been installed in the prevailing style and thought it a good omen. I kept a careful eye on the house, for if it came on the market, I wished to purchase and restore the home. So when seeing a demolition sign on 937 a few years ago, I was distressed. It was one of only a handful of small cottages that I knew of in the neighborhood and three of those had disappeared in the last six months of 2022. Developers continue to send letters to owners asking to buy up these properties for redevelopment. And because the eastern half of Goosetown has been given no protection by the city, these small historic homes are particularly vulnerable to demolition. The Prybil Family After we bought 937, I traced the history of the family that owned it back to the early 1870s. Originally, it had consisted of a single room with a loft above. And to my amazement, I learned that this tiny cottage had been owned by John and Anna Prybil soon after their marriage. The Prybils were old “friends” as they had moved over a block to the one-room schoolhouse that my husband and I restored and I had interviewed their son, Edward in the 1990s. Like the schoolhouse, an additional room had been built on the back of 937 by Mr. Prybil. It mirrored the one he built at the the schoolhouse, including match- ing shelves in the chimney piece. (In both cases, a third bedroom was added, but it is not known when they were built or by whom.) As mentioned, the earliest known owner—though the house may date from an earlier period—is associated with John Pribyl/ Sybil (1850-1933) and his wife. Family history says that John’s ancester in Bohemia “had quite a bit of land. At that time a Bo- hemian acre was the equivilent of 2.5 acres American. Bohemians were not allowed to own more than 25 acres in one place, but John’s father, Joseph Prybil, had managed to accumulate a number of pieces in different locations, as well as fuel, oxen, and a wagon for trips to the coal mines. Traditionally, oxen would make the trip to the mines in one day and return home on the second, but Mr. Prybil had been able to purchase horses that made the trip there and back the same day, lowering the cost of each trip. When three Prybil sons decided to emigrate from the town of Pribyslav in the Pilsen region of western Bohemia, (thought to be named after their father—though it’s more likely that they were named after it), their father gave each son some money before leaving—the sum was remembered as $3,700. Because his oldest son, Frank, had already been conscripted into the Austrian army and the Austrians would soon be at war with Prussia in 1866, it was not believed that Frank and his share of the money would make it to America. His two brothers crossed the ocean with their gold coins, but their money was stolen from their trunk during the seventeen-day voyage. On arriving in New York without money, they contacted the Shalla’s (their Uncle Mataj had married Maria Shalla and came to America in 1857) and were able to borrow money to get as far as Chicago. But on arrival there, they were very surprised when met by their brother Frank. Frank had talked or bribed a Prussian officer into putting him on a ship —the details of how he escaped conscription were not recorded—and reached America before his brothers. One of those brothers was Joseph, who with his wife, Katerina, came to America around 1865. Initially, they lived on the northwest corner of Davenport and Governor. Their son John became the owner of 937 E. Davenport. Even with an uncle in the brewery business in Washington, Iowa, John wasn’t interested in brewing, he wanted to be a mason. After the Great Fire in Chicago in 1871, masons were in great demand, so he moved there looking for work, still with only rudimentary Eng- lish. When needing a place to stay in the city, he looked up and saw a sign that said “Rooms for Rent.” The girl that answered the door was from his home town (not clear if this meant Iowa City or in Bohemia) and knew John’s family. So he boarded there. The story was later confirmed by Mrs. Adelaide Laschek-Burge. Whether missing home or having earned enough money, John returned to Iowa City. He met his future wife, Anna Vrchoticky (ca. 1856–1902) while she was waitressing at Rees’ wine garden at the corner of North Dodge and Prairie du Chien. They married at St. Mary’s in 1873 and purchased the property at 937 soon after. Re- cently, it was found that the interior walls of the frame cottage are filled with bricks for added winter insulation, fire protec- tion, and to discourage vermin, perhaps the work of John. Nine years and four children later, they moved a block away into the recently vacated Old District School House #11 at the corner of Davenport and Reno. There he built on an addition, an enclosed porch, and a garden shed. He also built a barn, dug a well, and filled in the stream running past the east side of the property. This once double-lot also had a garden for raising geese, chickens, and a runt pig —when it was legal—and grew cherries, apples and plums. Something similar can be imagined on their earlier property at 937. A story was passed down that John’s young son Albert brought about the change in the spelling of their last name. While attending kindergarten at the Third Ward School on Davenport St., the teacher asked for Albert’s name and, because he was missing his front teeth, she heard and wrote Sybil rather than Prybil. Somehow, the name differentiated this branch of a large family from the Johns, James, Josephs and Franks through many generations of Prybils. Conversations with Edward Sybil, Goosetown Archives One of two other small, extant cottages in the neighborhood is a “sister cottage” in the 900 block of Bloomington, placed to best utilize two yards tended by family members for growing vegetables and raising geese. A second example is at 911 E. Dav- enport St. Each must represent a familiar early model that has all but disappeared. My husband and I have purchased and restored five homes in Goosetown. The first was the limestone cottage from the 1850s at 410 N. Lucas. It was in a very degraded condition when we bought it: mushrooms grew on the interior stone walls, the ceiling was blackened with soot, the floor rotted (it was replaced) and a lean-to cardboard “room” was removed from the back. This now delightful building is on the National Register. The second project was the 1868 one-room schoolhouse at 405 Reno St. It had been stripped of its plumbing, electricity, and heat by a former owner. The small amount of electric- ity needed for him to play music was generated by a stationary bike. Again, cleaning, painting, stripping out and rebuilding decaying walls, plumbing, etc. were all necessary to restore this historic, oldest one-room schoolhouse in Iowa City. An attempt was made to get the building on the National Register, but to do so a glassed-in side porch would have had to be removed and we thought the extra space it provided for this small house was a positive and, as it was built by the first family that had acquired it, it was left it in place. The third project was moving and restoring the Wetherby House from Market St. to 611 N. Governor St. It, too, had been a rental property in very bad condition and was gutted, a new foundation laid, walls rebuilt, all new utilities, painting, etc. and it is now on the National Register. We’ve worked on a second-generation Goosetown home at the corner of Church and Governor Streets, now in the Conservation District and have restored the 1906 home that we live in on Davenport Street. Most of these projects have involved near-demoliton buildings that have shown merit when restored. All are located in Goosetown, grew out of living in the neighborhood, and were attached to its immigrant history. This led to interviewing third generation Bohemian families and to writing a book called Small But Ours about the Goosetown neighbor- hood. Wetherby’s Gallery followed about the first portrait painter and photographer in Iowa City, Isaac Wetherby, whose home is preserved on Governor St.; The Burg, about the writing community at the Hamburg Inn; Finials, about our historic downtown and recently, Remembrance Park, about the beginnings of our county. Rather than destroying these tiny, historic cottages, we feel it is important to protect and highlight them, ideally as a historic district, for only the western half of Goosetown is now under protection. Ken and Marybeth Slonneger WORK LIST FOR 937 E. DAVENPORT STREET Work on the cottage is not completed for we are getting tired; we have done the following: Painted the exterior & interior of the house Added the new side porch & metal roof Added the french doors in bedroom Purchased a new stove, refrigerator, and water heater Added a new kitchen sink, counter and cabinetry Provided all new electricity, ceiling lights & exterior lights Blew in insulation behind all new drywall including loft Rebuilt & recapped chimney Provided a new cement pad as a patio Installed all new combination screen/storm windows Added a new side door & a period-style front door Installed new base-heating system Installed antique, claw-foot bath tub, shower system, new sink & toilet Had railings/banister installed in loft Polyurethaned the floors for more durability Added some new plantings PLANT LIST FOR 937 E. DAVENPORT STREET WILDFLOWERS: Starry solomon’s seal White trout lilies Virginia bluebells Wild ginger Pink turtleheads Violets Ferns DOMESTICATED PLANTS: Allium Pink Naked Ladies Redbud trees Elderberry bushes Crabapple tree in front Assorted hostas Peonies Assorted Dianthus/Pinks Daylilies SIDE PORCH UNDER RESTORATION To the Iowa City Historic Preservation Commission, Planning and Zoning Commission, and City Council: The Historic Landmark designation of 937 Davenport Street will be an important addition to our community’s efforts to preserve the broad patterns of Iowa City history. We have several landmarks and historic districts that represent the grand homes of Iowa City’s early founding families. We also have designated middle-class neighborhoods—like Longfellow, that represent the streetcar developments of the early 20th Century—as historic districts. But very few of our historic landmarks represent the immigrant laborers who helped build our city. The small cottage at 937 Davenport Street is a good example of the modest homes built by Czech immigrants in the Goosetown Neighborhood during the 1800s. Very few of these cottages remain intact, making the preservation of this fine example all the more important. The current owners, Marybeth and Kenneth Slonneger, should be lauded for their efforts to preserve this and other historic buildings in the Goosetown Neighborhood. Their investment not only helps preserve the immigrant history of Iowa City, it also preserves affordable housing. We urge the City to recognize their good work and the importance of immigrants in Iowa City history by designating 937 Davenport Street as a Historic Landmark protected by the Zoning Code. Sincerely, Maeve Clark, President, Friends of Historic Preservation. Friends of Historic Preservation is a nonprofit that began in 1975 with efforts to save Old Brick from the wrecking ball. We continue today with educational programs, tours, advocacy efforts, and operation of the Salvage Barn, all with the intent to preserve Johnson County’s historic heritage. DocuSign Envelope ID: 730E05B3-09C3-4C63-8B20-B1D1B2369203 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION OCTOBER 19, 2022 – 6:00 PM – FORMAL MEETING EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Susan Craig, Maggie Elliott, Mike Hensch, Maria Padron, Mark Signs, Billie Townsend MEMBERS ABSENT: STAFF PRESENT: Emani Brinkman, Sara Hektoen, Anne Russett, Parker Walsh OTHERS PRESENT: Marybeth Slonneger, Mike Oliveira, Kevin Boyd, Jon Marner RECOMMENDATIONS TO COUNCIL: By a vote of 6-0 the Commission recommends approval of REZ22-0013, an application to designate 937 East Davenport Street as an Iowa City Historic Landmark and rezone from Medium Density Single-Family Residential (RS-8) to Medium Density Single-Family Residential with a Historic District Overlay (OHD/RS-8). By a vote of 6-0 the Commission recommends approval of SUB22-0013, an application submitted by Warrior Enterprises LLC for a Preliminary and Final Plat, a two lot, 1.94 acre commercial subdivision located at 1501 and 1515 Willow Creek Drive. CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. REZ22-0013: Location: 937 E. Davenport Street An application for a rezoning from Medium Density Single-Family Residential (RS-8) to RS-8 with a Historic District Overlay (OHD/RS-8) to designate the property as an Iowa City Historic Landmark. Brinkman began the staff report showing an aerial map and zoning map of the property for the proposed rezoning. The zoning map showed how the property fits in with the surrounding area. The property was constructed around 1874 as a simple single-story ell style cottage and is in the style of other Goosetown cottages from the same period. Brinkman showed photos the cottage noting a gable addition was added to the rear of the house before 1882, and a second smaller gable addition was added prior to 1920 as show in the Sanborn Insurance fire maps. Since 1920 Brinkman stated this property has not had many changes unlike similar small cottages in the area. Another addition prior to 1920 was an open porch added to the L created by the original portion of the house and the first addition and that porch has been extended by the current property owners. Planning and Zoning Commission October 19, 2022 Page 2 of 10 The Historic Preservation Commission met on October 13, 2022 and conducted a public hearing at which they reviewed and evaluated the historic significance of the property located at 937 East Davenport. The Commission determined that the property met the requirements for landmark designation and voted to recommend approval of the local landmark designation. The Historic Preservation Commission determined that the property met the required criteria that it's significant to American and Iowa City history architecture, archaeology and culture and possesses integrity of location, design, setting materials and workmanship, and is associated with events that have made a significant contribution to the broad patterns of history, and has yielded information important in history. This property is one of the few intact examples of early Goosetown cottages that show the area's semi agrarian history. This area consists of many long narrow lots, with the house located near the street, allowing for gardens, orchards and animal grazing in the yards. A large portion of the Goosetown area was home to a largely working-class immigrant population from Bohemia in Germany. The property is currently zoned medium density single family residential, the purpose of RS-8 zoning primarily provides for the development of small lot single family dwellings. The proposed zoning will retain the RS-8 base zoning and add an overlay historic district which will require the building to go through the Historic Preservation Commission for any approval of changes to the exterior of the building. Landmark status will also make the property eligible for special exceptions that allow the Board of Adjustments to waive or modify certain zoning requirements to help support the continued use of historic buildings. Landmark designation will also make it possible for financial incentives such as tax credits, and the Iowa City Historic Preservation Fund to be available. Brinkman next reviewed the rezoning criteria and how the proposed development fits in with the policy vision of the City. The Planning and Zoning Commission reviews the proposed landmark designation of a zoning overlay and therefore requires recommendation to City Council. The Commission's role is to review the proposed designation based on its relation to the Comprehensive Plan and the proposed public improvements and plans for the renewal of the area involved. 937 East Davenport Street is in the Central Planning District which encourages preservation of historic homes, resources and neighborhoods, especially in areas close to the University. The Plan also encourages a mix of housing types in the neighborhood. This property is almost 150 years old, has seen very few changes and is one of the remaining examples that show Goosetown’s early history. The Comprehensive Plan also has language about preserving historic features of a site to add character and amenity value to neighborhoods. Landmarking this property allows the City to preserve a part of the Bohemian heritage of Iowa City and Iowa. The Iowa City Historic Preservation Plan encourages pursuing local landmark designations when appropriate to provide protection for important historic resources in areas that are not in conservation or historic districts. In terms of proposed public improvements, the only plan improvement per the 2022-2026 Capital Improvement Program are renovations to Reno Street Park, which is approximately two blocks east from the proposed rezoning. The designation of this property will not impact the ability of the City to make these park improvements. Staff recommends approval of REZ22-0013, an application to designate 937 East Davenport Street as an Iowa City Historic Landmark and rezone from Medium Density Single-Family Residential (RS-8) to Medium Density Single-Family Residential with a Historic District Overlay (OHD/RS-8). Planning and Zoning Commission October 19, 2022 Page 3 of 10 Brinkman noted the landmark designation was voted unanimously by the Historic Preservation Commission to recommend approval of the landmark designation and City Council has set the date of the public hearing for the property for November 1. Brinkman noted after the packet was submitted, staff received one late correspondence from Maeve Clark, president of Friends of Historic Preservation, urging the designation 937 Davenport Street as historic landmark. Elliott asked if a good neighbor meeting is not required for this type of application. Russett stated that's correct, typically staff does encourage the applicant to hold a good neighbor meeting but didn't encourage the applicant in this case since there's no proposed change or development project that was being proposed, it's basically keeping the building status quo. Elliott asked what's the difference between the historic and a conservation district. Russett stated local historic districts are typically also listed in the National Register and are districts that have a larger concentration of properties that are historically significant. The conservation districts are still important districts, but they have fewer homes that are historically significant, so they can't be designated in the National Register. Hensch noted the base designation of zoning, RS-8 remains the same, the only thing that will change would be the addition to the historic district overlay. Brinkman confirmed that is correct. Hensch opened the public hearing. Marybeth Slonneger (937 E. Davenport Street) is the owner of the house and was available to answer questions. She has been working on Goosetown history for a very long time. Elliott asked about how it looked like there was a box above the front door and wondered if that significant. Slonneger replied there's a cement goose in there, sitting on some hay and when her husband and her first started this restoration, they hadn't thought about this part of it and just wanted to set this house aside so that people would know that it isn't just a little Goosetown cottage so she wrote the name of the man that built it and his wife and the date as a way of augmenting the culture in history that they wish to preserve. Hensch noted in the report it said that bricks were added to the wall to act as insulation so did they open up the existing construction and place the bricks in there and then close it up. Slonneger is unsure, John Prybl built the house and she assumes he just put the framework up first as he was a brick layer. He went to Chicago for the Chicago Fire to help there and she assumes when he came back he wanted a cozy house and he just stuck a bunch of brick in before they plastered the inside. They came across those bricks in the basement where the outside external pieces were missing so they could see where the brick insulation was. Townsend noted it was very interesting to read the history of the home. Mike Oliveira (owner, Prestige Properties) wanted to address the Commission from a different perspective. He can tell from the committee that everybody is pretty gung-ho about making Planning and Zoning Commission October 19, 2022 Page 4 of 10 things historic in Iowa City, but there's a different perspective. When Bob Miklo was in this City office, they discussed the pros and cons of conservation districts and the impact that it has on neighborhoods, and it's not always favorable. In this case, taking a home in an area that is being revitalized for single family homes with some lots that are under construction right now that are being built to have larger family homes in the area, to help revitalize the neighborhood. Having a house like this in such an area, even though it's a labor of love, will not fit. His company has remodeled 14-15 houses in the north side and own over 120 properties in the 10-block radius of campus. The challenge they have with taking a piece of property and making it historic, for the current owner it may be fine but when a new owner comes in they are burdened with the cost of trying to keep a house up to the historic standards and that is not easy. This Commission needs to think about that because there's other things that can be done, this house can stay in an area but not be designated historic. The other thing is the surrounding properties are being redeveloped and the area is going to change, and this house is going to be next to properties that have families that don’t want to move into the smaller houses. This house would be better serviced if they pick up this house and maybe move it to another area. That's an option this Commission should think about if they want to keep that style of house, but Goosetown is changing and changing quickly. People want to live there, but they can't afford the right type of housing for their families to live. He hears it all the time, especially with parents with two or three kids, they don't want to have the kids on one floor and they're living on another floor. Goosetown has a good mix of different types of housing but to take the Goosetown from that block and start a designated historic area is a problem for the area. Iowa City has done a good job making the Northside historic, they got huge conservation districts in area, but to start taking individual properties and making them historic is problematic. He has two of them that he has bought that got railroaded into this thing and now he can't do anything with them because of the historic designation and it's very expensive to remodel or even improve on those properties. Oliveira noted two houses nearby that are slated to be demolished and an empty lot across the alley where a four-bedroom home is going in, and another house nearby already on the market that is a five-bedroom house, so the Commission needs to know what's going on in the neighborhood before they designate this house as a historic house. They can preserve it or just keep the same designation on it without making it historic. Kevin Boyd (Chair, Historic Preservation Commission) urges the Commission to make this a local landmark and move it forward to City Council. As a community they have lost so many small Goosetown cottages and are scheduled to lose a whole bunch more. This is a restored example of what this neighborhood once was, the cottage owner literally wrote the book on Goosetown, uplifting stories of immigrants, the neighborhood, small bars, etc., while development pressures are actively buying up these small houses demolishing them and part of the City’s shared heritage as they do. The owner saved this cottage, and her work is commendable. Let this small cottage stand for generations as a living symbol of what once filled this neighborhood, this is shared heritage and shared history. While the structure may be small, it is worth landmark status. Hensch closed the public hearing. Craig moved to recommend approval of REZ22-0013, an application to designate 937 East Davenport Street as an Iowa City Historic Landmark and rezone from Medium Density Single-Family Residential (RS-8) to Medium Density Single-Family Residential with a Planning and Zoning Commission October 19, 2022 Page 5 of 10 Historic District Overlay (OHD/RS-8). Townsend seconded the motion. Craig appreciates the perspective from Oliveira and the other side of it because they do need housing in Iowa City and families today want larger houses, but this is not a district, it's not the whole district, it’s one piece of property that is very special and has history. To not move ahead and do this, they would be losing something that they’ll never get back and she doesn’t want to drive down that street and see nothing but five-bedroom houses. To drive down that street and see a few bigger houses, along with some smaller houses will maintain the character of the neighborhood and continue to serve people in Iowa City who like history, and a few who want to live in a bigger house. Townsend added that someone buying a home that is designated historic knows what they're getting into when they buy it and they know that they have to keep certain standards and the costs involved. Hensch agrees the mixture of the new houses being developed and the retention of some historic properties is exactly the mix that they want. They're always looking for balance and mixture and it's not always pretty, but in the end, they end up generally with what the community wants. A vote was taken and the motion passed 6-0. CASE NO. SUB22-0013: Location: 1501 and 1515 Willow Creek Drive An application for a combined preliminary and final plat for McGrath Subdivision, a 1.94-acre subdivision containing two commercial lots. Walsh began the staff report showing an aerial of the proposed subdivision and the zoning map which showed it's primarily intensive commercial. For a little bit of background, the existing lot and building on 1515 Willow Creek Drive was constructed in the early 1980s. A site plan for 1501 Willow Creek Drive was approved and construction began in 2017 and in September of this year, staff received the application for preliminary and final plat for the subject properties. Looking at the preliminary plat, it is approximately a total of 1.94 acres, with lot 1 being approximately 1.02 acres with an existing building and lot 2 being approximately 0.92 acres with the existing building that was constructed in 2017. They also have Willow Creek at the base of the property as well as the proposed conservation easement. A Sensitive Areas Development Plan was submitted that meets the base requirements of a level one sensitive areas review and will be reviewed administratively. What is shown is Willow Creek as well as its 30-foot buffer. Staff has requested that the portion of the property with the sensitive areas be placed in a conservation easement. The Comprehensive Plan recommends general commercial as well as encourages interconnected system of open space with sidewalks and trails to connect the community and safe and pedestrian friendly street systems. The Southwest District Plan shown in the Willow --a rti." Prepared by: Parker Walsh,Associate Planner 410 E.Washington Street, Iowa City, IA 52240; (REZ22-0013) Ordinance No. Ordinance rezoning property located at 937 E Davenport Street from Medium Density Single-Family Residential Zone (RS-8) to Medium Density Single-Family Residential with a Historic District Overlay (OHD/RS-8). (REZ22-0013) Whereas, the applicant, Marybeth Slonnegger, has requested a rezoning of property located at 937 E Davenport Street from Medium Density Single-Family Residential to Medium Density Single-Family Residential with a Historic District Overlay (OHD/RS-8); and Whereas, this structure was originally constructed in 1874 in the style of early Goosetown cottages and is significant to Iowa City's history; and Whereas, this structure is associated with architecture significant to the mid-west and Iowa; and Whereas, the Comprehensive Plan encourages the preservation of historic buildings; and Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls for identification of resources significant to Iowa City's past with the objective of designating individual buildings as landmarks; and Whereas, the Historic Preservation Commission has reviewed the proposed Historic Landmark designation, has found that it meets the criteria for landmark designation in its significance to Iowa City history, integrity of location and design, association with events that have a significant contribution to the broad patterns of history, and may likely yield information important in our history; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation rezoning and has found that it is consistent with the Comprehensive Plan goals of preserving historic resources Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Historic Landmark Approval. Property described below is hereby reclassified to Medium Density Single-Family Residential with a Historic District Overlay (OHD/RS-8) zone: The east 20 feet of the north 150 feet of Outlot 7, Iowa City, Iowa, and the west 30 feet of Lot 10 in Block 1, in Wood's Addition to Iowa City, Iowa, all as shown by the recorded plats thereof, situated in Johnson County, Iowa Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all Ordinance No. Page 2 as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2022. Mayor Approved by: Attest: City Clerk City Attorne s Office— 10/26/2022 Ordinance No. Page 3 It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 11/01/2022 Vote for passage: AYES: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner NAYS: None ABSENT: None Second Consideration Vote for passage: Date published