June 8, 2010
Minutes of the Planning & Zoning Commission’s hearing for James & Jane Frisbie to rezone 3.67 acres of property located adjacent to 1812 Cleveland Avenue in the NE¼ of Section 31-T96N-R15W, Floyd County, Iowa, from AG to R-1 for the purpose of splitting a lot to sell for a new home, as well as request for approval of Final Plat for a Minor Subdivision.
Board members present were Thomas Schwab, Michael Goddard, Dean Tjaden & Susan Nelson. Also present were Jeff Sherman-Administrator and Misty Day, Assistant. Roll call of Board members was taken and four (4) of the (5) members were present with Board Member Duane Koch being absent. Applicants James & Jane Frisbie and their attorney John Slovak, were also present, along with the buyers of the proposed lot.
Chair Thomas Schwab inquired as to whether the applicants had all of the paperwork from the Recorder’s Subdivision list available. Assistant Day stated that they were missing the title opinion, the owner’s certificate which was left behind at Attorney Slovak’s office, and the city’s certificate from the City of Charles City. Attorney Slovak stated that Attorney Todd Prichard was preparing the title opinion for the buyers and upon contacting his office, neither Mr. Prichard nor his assistant were in the office, so he did not know the status of the title opinion. Attorney Slovak also stated that he was unable to obtain the City’s certificate as he is not on the City Council agenda until June 21st. Chair Thomas Schwab stated that years back the Zoning Commission would approve subdivisions and then the process of obtaining the documents from the Recorder’s list would begin. The Zoning Commission found this process to be flawed and therefore changed their process to require the entire list before making a decision on a subdivision. Applicant James Frisbie inquired as to why the Board needs a title opinion and the City’s approval. It was determined that the title opinion will show if there are any lien holders that would have an interest in the property and the City’s approval is a State requirement if the proposed subdivision is within 2 miles of the city limits. Chair Schwab inquired as to whether Assistant Day had any dialog with the applicants concerning these requirements. It was determined that Assistant Day talked with Mrs. Frisbie and faxed her the list of requirements on May 24, 2010, stating that in the event their attorney was unable to prepare the list of documents by the June 8th hearing, they needed to contact her prior to the notices being sent out or they would have to pay another hearing fee or costs associated with cancelling the hearing if said documents were not prepared in time. Chair Schwab inquired as to whether Assistant Day encouraged the applicant to delay the hearing as she had some concerns with the applicants’ ability to prepare the paperwork in time, and it was determined that Assistant Day had spoke with Mrs. Frisbie but Mrs. Frisbie was under the impression from her attorney that the paperwork would be done in time. Applicant Frisbie asked the Board to look at what was available today and make an exception. The Board stated that they could not. Attorney Slovak inquired as to if all of the paperwork were available, would they approve the petition at the next hearing. The Board stated they could not pre-decide the petition. Attorney Slovak clarified the he would like to know if there is any other flaws the Board could see with the petition. Board Member Tjaden inquired as to whether the Board could approve the petition on condition the applicants would get the paperwork prepared and it was determined that the Board does not want to go down that road. Board Member Goddard also stated that the City’s certificate is very important in making their decision.
A motion to table James & Jane Frisbie’s request to rezone 3.67 acres of property located adjacent to 1812 Cleveland Avenue in the NE¼ of Section 31-T96N-R15W, Floyd County, Iowa, from AG to R-1 for the purpose of splitting a lot to sell for a new home, as well as a request for approval of Final Plat for a Minor Subdivision until June 29, 2010, was made by Susan Nelson and was seconded by Dean Tjaden. In the event the paperwork is not ready for the June 29th meeting, Attorney Slovak must contact the Planning & Zoning Department to reschedule the hearing until the July 13th meeting. Roll call vote was made and the motion was unanimously approved.
Jeff D. Sherman