Government : Zoning Board Recommendation causes Confusion: Zoning Changes Put on Hold

In Thursday night's council meeting, the council was scheduled to have the 3rd and final reading of a zone change in the area of the East end of 6th St. and the SE corner of 10th Ave. in Vinton. Plans were being made to change the zoning in the area to accommodate the new construction of a "shouse" on property owned by Brian Hamling. For those unfamiliar with the term it is a shop contained in the same building as a house.

The plan was to change the zoning from M-1 (Restricted Industrial District) to B-1 (Commercial District), until last week's meeting. The council to this point had received word that the neighbors were all in agreement that this would be fine with them.

Then the neighbors began reading ordinances, and zone information for Vinton, and asking questions.

On behalf of the neighbors, Josh Geiger a residence in the area addressed the council on behalf of those affected by the proposed change. He said that he began to ask what the purpose was for the rezoning and the effect that it would have on the neighborhood and expressed concerns with the process. He wanted to find out what the new neighbor, Hamling, could and couldn't do and what it would allow.

So Geiger made a trip to City Hall and asked Chris Ward the City Administrator some questions.

The two compared restrictions for the different zones. Gieger said that the restrictions are not tighter but in every instance, the new zoning is more relaxed or the same.

The zoning limits the building size and the proposed construction of what is being proposed could not be built. In a B-1 zone, residential housing is permitted, but a "shouse" cannot be built.
"At this time I would like to, according to State Code chapter 414, submit an official protest for this zoning," said Geiger and he continued.
"We the property owners, adjacent to the property that is requesting to rezone, on the east end of the 6th St. SE corner of 10th Ave. Vinton, Iowa from M1 to B1 zoning hereby officially protest and withdraw any implied support of rezoning due to the fact that we have been made aware that the official purpose of rezoning for a shop and house is not permitted in a B1 zone. Therefore, the rezoning process should have been officially stopped and rezoning denied. The only change that rezoning would allow at this time would be R3 (Multi-dwelling District) multifamily residences, fourplexes and apartment buildings and allow less restrictive setbacks. Both of which we are completely and unquestionably against.
If the city would like to legally change the zoning ordinance and Mr. Hamling would like to restart the process over and reapply for rezoning after the zoning allows what he is requesting we gladly entertain the idea again but at this point, there is no legal reason for the process of rezoning."The letter was signed by every adjacent property owner.
Geiger said that they found out later that all of the information on the petition that the property owners had signed previously was incorrect, and they just confirmed it this week by asking questions. He challenged the council asking how they would vote on re-zoning for a project that was not even allowed in the proposed new zoning.
Geiger went on to explain that in the Board meeting, Geiger said he asked Councilman Stark what Hamling could build and she said, "Anything we decide."
Geiger also suggested to the council that they should require plans for anything being built. The Mayor had previously told Geiger that ''He (Hambling) does not have to submit a plan, Mr. Geiger." According to Geiger he believes the plan is to build a 50X90x16 building. While neighbors didn't have a problem with a house and a shop on the side, they didn't understand that it was to be a large steel building. Geiger said, "But again, no plans were submitted. The zoning committee allowed and approved rezoning for a purpose that is not allowed here," Geiger said, "I don't know what to even say. They didn't do their due diligence. This is alarming. This is concerning."
Geiger said that he had come to do what he could legally do, and that was to appeal the decision.Mayor Bud Maynard thanked Geiger for coming to talk and said, " I understand you expressed other people's concerns, but unless they're here to talk about it..."
Geiger interrupted and said, "But they signed it," meaning the protest.
"I understand they signed it," said Maynard, "but unless they're here to talk about it, well you're saying that this guy said and this guy said.., Well, they could have come here and said something too."
"If you want me to, I can get them written up in affidavits," said Geiger.
"No, I'm fine," said the Mayor, "I believe they expressed their concerns."
Cheryl DuCharme, also voiced her opposition after talking to the neighbors prior to the meeting. She said that they feel that they were misled into thinking that there were plans to build a home that would blend into the neighborhood bringing up property value. DuCharme also felt that the residents were not given proper notification of the rezoning required by State Law. (see note at the end of this article concerning notifications)
Brian Hambling finally had a chance to address the council. "This project from the get-go, before I even purchased the lots, I knew what I wanted. I've never strayed from a shop that I'm going to live in. I haven't strayed from that it's going to be a steel building. When I came to Chris about purchasing these lots, asked what I need to do, it's quite simple, I need to change the zoning on it. That put me on the path of petitioning to rezone. I asked what do I put on there? And was told to put, "It is to live on the property. That IS what I plan to do on the property. I've gone through this process to live on the property. I plan to put a shop plus living quarters. It is 2 lots plus extra land. Imagine if I put 2 houses there and attached 3 stall garages to each of them, we're talking about a lot of building." Hambling felt like if the Zoning Board wasn't okay with this idea and moving forward, and the Council had said initially, that they would not be willing to rezone the area for this purpose, then he would have planned to build something that fits within the current zoning. He explained that as an M-1, which it is zoned as, anything can go in there, except residential living space. He explained that right now any kind of business can go in there, but he'd rather it were a residence.
Geiger again reiterated that the neighbors would be happy to look at a proposed rezoning again, but the rezoning that had been requested would not meet the need that Hamling is now requesting.
"I gotta ask you something," Brian Parr council member said, "this thing just keeps going on and on. What's the perfect, perfect, perfect scenario for you? What's the perfect thing that would happen on that lot?"
Geiger responded, "Honestly? It should have been rezoned to R1. Put a house on there. If not, put a shop on there. But when you put a shouse on there you double the size, then you have a pole barn."
Geiger explained again that the only reason the neighbors opposed the rezoning is that according to the proposed ordinance it would still not allow for the building of a "shouse" which is the intended purpose of the rezoning. "So let's do the process right," said Geiger, "Let's not put the cart before the horse."
Geiger suggested to the council strongly to change the process so that everyone can see what is going to be built, that plans be submitted as it would for a variance, unlike for an rezoning change.Councilmember Ron Hessenius then asked, "Would you rather have a building that was used for construction warehouse or something that he's living in, like a regular house?"
Geiger again stated that what is being planned cannot be built because of the requirements of the zoning.
Councilmen Andrew Elwick and Ron Hessenius asked, if he'd be okay with other options. Hessenius asked if Geiger would be okay with a large house and large garage on the lot. Geigher and DuCharme both chimed in that they had believed that was the original plan, because it had been stated to them as a "house and shop." "That's why plans are important," said Geiger. "The council should take steps immediately to require plans for rezoning."
City Attorney Bob Fischer chimed in and said that he had been telling the council this for "I don't know how long," and that Geiger "is probably right. We probably put the cart before the horse here. I had a conversation with Don Weideman before that committee meeting and I told Don that it couldn't be done, and Don did agree with me on that. But now we're on another path. Chris has set out the procedure for changing the zoning to accommodate possibly what Brian wants to do and that's the path that he's on." Fischer gave the council options on what to do concerning the ordinance.
An amendment is being written up to add to the ordinance in question which would allow for the building, or the decision to rezone for a different section could also come up again.
However, as Mayor Bud Maynard concluded, that we have committees in town to advise the council. The council then takes the recommendations from these committees advice and their final opinion. "In this case, the city attorney talked to them, and they didn't like what he had to say," with that, the Mayor did not call for a vote on the third reading of the ordinance.
"We have a protest," he said to Fischer, "I want you to go and find out what our next legal steps are, or if there are any, or find out what we need to do, but I am not calling for a vote."
At this time the plans for changes in the area are on hold.
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