HomeMy WebLinkAbout06/07/1976 Council Minutes 275
Th / /e u lar lvleet Of th Fa irf9 City COU-'-tai hein 6776. 'layor St?l linan
Presiiing. R St,;,,llmian, R C' arvar, R Pm-,cht, E Prow. -rA' Fa-nk e -present.
Fiflutes of 7revious Meetings A-T
Larry -maeting repraseiotivp, tb� T.1rin. County SpeOL-al Volice
Orgy Several 4Lt(-m:s in ragard, to the polici--,tp., oj- t —city a th
day a�"A svp,-ni`--g of the 7',-VD -77 !�,�
_i. -., C'. -01LS56� in, pqrticular drinkin,-', Cr: tb�'
stta6ts. Taverrs may serve drimks out see if they so lhiit it -must
he o their olvm property, with-in a fenced off area, wroi secum their
oar- polici ng. The _Legior, Club may serve beer i-P the fence4 araa be-Ini-ni
the Legion and drinks may beh ha O i-n the fercei i a-nce area after 5
This notion ma#e be R Precht 2nd Kathie H&Pke Carried
1. -mn-i County Special FoLic,,a were s-vTorin in as s-pncial Fairfax Deputies for
HeYDa,7 76 o-P. June 19 (Rai-aiate June 20)
Planning & 710'ni-rarl,- report read in refere-Pece to th-e i.5suance 'f a bail airy
0 .
pemit to Der is Mefta. They recoD-7.e PAe&' to tlh�: Ci ty- Cou-mcil that the
opinion of the City 11ttorney begotter, i n reCari to the sub ivision of
the property owned'. by Mari(,-)n Joh,,,-3o-n of which one. pa-reel 'has beer. sold
to Downis herta, arA the pos-sible pl-acement of Dor-ris Yl rta Is house
closer to the 'West property line tha-m allowed because l of an easem4,mt
for a private rive Vint D ,is Merta has givers. to his Fathor Jerry
!1F;rta. If in the opision of the City Attor-c,,,ey- if the .5alling of this one lot tp,
Denpis Meru before entire plat- is subdivided is legally within the bounds of "ifi6s
ordinance, theY Tecow-mend that Dennis NMerta be ,-.iven the permit to build his
house.
Carver 2nd E,,2 ProT�in, Dt-mris Marta to bn hssued a
O-R MOtiOWI Of 'RU513e
'to co-�struct a single family dwelling, t,,Tith an attached
garage. Carried.
1"'Otion to pay bills nlalie by R Sia-�Ilma-ra 2nd R Carvar. C a r r Le a'
Clinton To*—]E, hip Trustess attenticd me-ottnu-, to 6`.i-3c3;lss fire -pratectior for
parts Of Clinton to,rpshiip not coverea' by Fairfax dire. DY -pt. Tley -are -, in
to net with TAnn County Auditor aL-A. Linr Couinfty AsA Cou-.nty Attorniay a-ni
then brie'7- a contr;ict to City Council for
hiotio-n o' R Precbt 2a- Frown, to siam 76-77 Contract of for
Street 3,iaintenanca wit U h lira� County. Carri-Td
liotion of R TI-recbt 2? . .v ProT,,T0, to 914'r, P 5 year �.gresmert TxTith 100T nainteMOR
agreeinort for FrLreary Road. Exte .sic.rs® C2=1o�.
DiscussAor hqOL,! or,. amenr-.I.vent for eye-ess leg'al fees an-o, lewpral nu�-A,A.Cataors.
Anmoun-t neei7 to be trarsf-r f1ron V--�o un�apT;rn-'
surp" lu3 is 1,,316.74
Motlon to 7v buqrt't amsAmelA wa DUA8 R Sta llfan2n F 'ProiTr annr
ovei
Sr,ecial meetirg to be held .1 re 21, lq-(hS. Carri--.!*-! Resoluti8n 71-676
Discus,sior �i-:I-n on trans-1'em of fun,�s from Revsnup, Shari-mg to the, G?c n e r a I
alocount to cover aiditio-ral, cost of to-,nis court, play
Resolutior, 412-676 presents id b7 E Prow a 7 7-lan'7e. Carriar,q. (3*510.62)
7 tpy clerk afti��r @aiscussL-r,. Call the Count3y- abo-LA
itemji5 to bey taken care OF
noles in Livestock barn road, tlheL to fix roa,A, Call Sheriffs 'Dept about
policing the quarry ar�a b6tt-er, Contact Prairie Roa4 Puil�Ars as to
�.,Thnn they
will bs% h3re to 4�,o streets so that gall Engit,eerini.g C 1 b:.--, �EO-UfLm to put
out grad.� stakes on Fain Street at Purgers house.
Fo further business nee.tAn.g azi our ned.
Virginia S'oulhi-p, City Clerk Japies Stall-man, H lyor
..........-- - - . I
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STATE OF IOWA. sq.
County of Linn
I.„ J. F. HLADKY, JR., being duly sworn on my oath, do say, that I am
publisher of THE CEDAR RAPIDS GAZETTE, a Newspaper issued daily and printed at Cedar Rapids,
R N U N A l [ N C D 5 E Fi ( once of which the annexed printed
s� �� g * s d aF�r t� r ti iff i�r��a a crate ga a �rau s ;Tr r�pQrr y�rar rnm�nF a pion�s puattatit3ti
-�d�i�� rsn Gn d�fe�nr��ur g��r�rerc�e��s declsro�+a� w�E�rtto�+ �!�i�is�� nt ldc�re �n teix�a aa�
said Newspaper is a copy, was in-
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P bJic in and fo Linn County, Iowa
:Fka"M TtlaGfl-pYeam
THE GAZETTE CO.,
By-------------------------------------
dP 100 `
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CHARLES J. LYNCH LYNCH, DALLAS, SMITH HARMAN G.K.,THOMPSON
WILLIAM M. DALLAS OF' COUNSEL
ATTORNEYS AT LAW
DONALD E.SMITH
RALPH V. HARMAN 526 SECONo AvENUE,S. E.-P. Q.Box: 697
DONATED G. RIBBLE CEDAR RAPIDS, IOWA 52400 _
BYROIN G RILEY, JR. -
H.EDWARD BEATTY - TELEP'H'ONE 365-9101
GERALD LYELL FATKA - AREA CODE 319
SCOTT E.Mc LEOD
.Tune 5, 1976
MICHAEL K. DENNEY
JOHN C. MONROE -
Mrs. Virginia Soukup
City Clerk
Fairfax, 1A 52228
Dear Mrs. Soukup:
You inquired into the interpretation which a Court might give to
Section 73. 01 of the. Fairfax Municipal Code. Section 73. 01 is similar
to Section 409. 1 of the Code of Iowa, a copy of which we enclose.
In Opp. Atty. Gen. , December 21, 1962, the Attorney General,
in defining who was an original owner as referred to in Section 409. 1,
stated:
"It is clear from this section that the only original
owners required to file plats are those who subdivide
any parcel or tract of land they may own into three or
more parts and then only if they do so for the purpose
of laying out a town or city or a part or addition of a
town or city or suburban lots. For example, if A owns
a parcel of land and conveys a part of it to B, then con-
veys the remaining part to C, who conveys a portion of
the part he receives to D, there is no requirement that
a plat be filed because no one proprietor has subdivided
into three or more parts, although the parcel as origi-
nally owned by A is now three separate tracts. "
It is probable that a Court would interpret Section 73. 01 of the
Fairfax Municipal Code in the same manner as the Attorney General
interpreted Section, 409. 1 of the Code of Iowa in his December 21, 196'2,
opinion. However, the language of Section 409. 1 is not identical with
Section 73. 01 of the Fairfax Municipal Code and it could be reasonably
LYNCH, DALLAS, SMITH S: HARMAN
Mrs. Virginia Soukup
June 5, 1976
Page Two
argued that an owner of a tract of land would be required to comply with
the requirements of Chapter 73, Subdivisions, not only when he subdivides
his tract into three or more parts but when he subdivides his tract into
suburban lots.
A "suburban lot" was defined by the Attorney General in Opp. Atty.
Gen. , August 19, 1970, as follows:
"It was the intent of the Legislature in promulgating Sec-
tion 409. 1 to promote orderly urban growth and to prevent
disorderly, disorganized projects without minimal facilities
and services.
Therefore, it is the opinion of the attorney general that
a suburban lot as used in Section 409. 1, Code of Iowa, 1966,
means a lot which is located on land which is in the process
of being presently or in the reasonably foreseeable future,
overflowed with the expanding population of nearby urban
areas. "
With regard to the proposed construction on the Dennis Merta land,
it would be our opinion that the road on the Dennis Merta land should be
included as part of the Dennis Merta lot when considering whether or not
the proposed building to be built thereon complies with the side yard
requirements of the Zoning Law, The granting of an easement for ingress
and egress does not deprive the grantor his right, title and interest in the
real estate which is subject to the easement.
With regard to issuance of a building permit for construction of a
large unattached garage in an A 1 Rural Restricted Zoning District, to
be used for storage of trucks and equipment used in a cement finishing
business conducted off the premises, it would be our opinion that such an
accessory building would not be a lawful use, and a building permit should
not be issued. The applicant could appeal the denial of the issuance of
the building permit to the Board of Adjustment as provided in Section 1.6
of the Zoning Ordinance.
If you have any questions reel free to contact us.
Very truly yours,
Lynch, Dallas, Smith & Harman
By:
f' SEM as Scott McLeod
Encl.
RESOLUTION NO _ Appendix B-9
CITY OF I WA Vo
Yc�sta d
SA . B 4,A D G L `l, A R Y '4' R A N S F E R
-
- - -REVENUE SH_ RING 4)at
U. L .
— J �
BE IT PESOLVED by the council of the city of Jai, �. , Ia.�wa :
't'he following trans.t er is hereby authorized :
- — Appropriation App !-opri,lI aon Ainuunt
I teen Code— Name of account Before After � of
Transfer TL-all f �1,a11 sfC
FROM: 4�ederal Revenue
Sharing Trust Fund
6 .
t n �
Tf
i
I. �,�"� t2�7/1�LU't_y�9%+�L ...�.e-°r d'�.'� �?Z�Ci��t-r'-��'" (�� ��✓',r:�:�`-L
Lffective upon its passage and approval .
7 sazaR approved
fussed oy e Council the day of i_ � 9 � po
t h i s _._.._�_.. d a y o f L 1 .
ATTE S'4
Published/in the proceedings of the council (in the C, f,
( nau� o Ile oa� pe r
posted 4 in three pu.b:l is places according to law) * , ;on � _= 19_
Certified : Clerk
Note. : If a city ' s population is 200 or less and without a nevv5�l apex
published therein , i. e . no newspaper entered as second class matter
at the post office in the city .
P _ z;
June 3, 1976
A Fairfax Town Council :
The Planning and Zoning Committee would like the
Town Council to investigate and resolve the following
items :
Investigate the legality of Dennis Merta isouing an
easement to property boaEht by Jerry Merta to be used
as a driveway . A similar easement in years past was refused .
Investigate legality of Dennis Yerta building his house
on his property within 5 ' of said driveway or if he
must maintain 81 as specified in tLe ordinance since
the driveway will be used as the access to another
property®
Secretary
June 3, 1976
To Fairfax Toi-�,rn Council :
The Flannin'- and Zoning Co=ittee suggest that the
To= Council investigate the subdivision ordinance .
If the selling of this one lot to Dennis I.,Ierta before
the entire plat is subdivided is legally -,,;Ilfithin the
bounds of this ordinance, we recommend that Dennis
'Aert
a be given the -permit to build his house .
Sevretary
V