04/14/1975 Meeting - Laserfiche WebLink

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Richard Price, owning propeTty at 180 North Grand, said he had been given no options regarding paving w.idth at the time poll on constru :tio~ of the project was taken. He noted his property was zoned R-2 and he said he had heen told it couldn't be developed to multiple-family use because of lack of access. He wondered why it had not been rezoned RA. He thought property owners should be made "!ware of avai1.able options when street improvements were proposed be- cause if he had been <;ware at that time that he could not build mu.ltiple- family housing he would not have been in favor of the paving. Considera'ble disucssion followed wi th regard to zoning i nthe area, restr icti.ons appl ying to various zones., length of t,ime present R-2 zoning has eX,isted in. the area, etc. f.1r. ,Price suggested deFerment of ilssessment for tho d.ifferC'nce betlvoen the 28- and 36-foot widtilsunt:i1 Ire could proceed wi th developlllcnt of hi s property to multiple~family use. Mr. 'l'eitzel noted that that type of dcfer~ ment would require rewri ting or amendment of the assessment policy. . Wayne Whi tehead.sa id he Li ved at 93 North Polk and mmed property at 97 North. Polk. 1/0 "echoed tile sentiments" of those urging the panel to assess on the basis ofa 28-foot ~vidth rather than 36-foot w.idth on the basis of mixed RA and R-2 uses, apartment usJs in the area, and heavy traffic generated by those uses. He questioned the equity in assessing on a frontage basis in instances lvhen the property hei ng assessed ran to a considerao.le dl!pth ilnd 11.:1(1 the same aIiJa a:; a property tvi th cnnsiderahle feontage and lessee depth. Mr. ivhitchead thought chilrging res/Jons ihi l.i ty ilCjainst the property owner for dillflo.ge to water lines installed prior to code requirements governing installation would raise a legal quesLion. lie silid construction of apartmc'mt complexes J:n the area appeared to have stoPlJcd. Recognizing it was a low-income area, and that there were only two cJ/Jilrtment developments in the area, he thought assess- mcnt on a 28-foot basis wou,ld he appropriilte. In response to Counc.i lman l/radley, discussion agel.in turned to difference be- tlyCen deferral of a":;SC'!:iSllIl'nt..; on street pavinq and on alll'l} imlJrovemcnt and the esLcJhlis}wcl policlj cove'rin(} L'ach. Mr. /Jri1dlc1} read from t:he ['('solution '(No.2272) .';c.ttin,} out ClS,<;C',<;.';//lc'nt I)()]iclJ and Dcl.id })Q .interpreted its ,intent t.lIdL 1:1,1.' ci tl} would dlJ.';nrl, Ill,' c().';I: ill L'XCl'S:; o[ ?8 (I.'ot all dll'l 1'I:.'sidc:ntial street abuttinq sin<),le-famill} dwellin'js. e Recommendat,ion: Unanimous, that those properties on l'olk Street in R-2 zones beinCj used as sin<jle-family residences be assessed for the imfJrovement on the basis of 28-foot paving. However, both Mr. Bradlelj and Mr. Hamel felt an opinipn from the city attorney before con- sideration by the [ull Council would be in .order. Levying assessments for 3. C.R.770 - paviny and storm sower on Golden Gardens Street from narger Drive to Jcssen Drive (74-14) Dwight Tyson, .2085 Golden Garden Street, objected to assessment on the 3G-foot bilsis agilinst the property on which his residence wasZocated: lie said he had the proj)crtlj sllhd,i vi ded upon advice from the ci ty al though he had no plans for going ahead with development. I/e now understands that if he had not subdiv,ided he lyould have been assessed for only the 28-foot width. Nr. 'l'yson lIIent,ionecl aLso a SOlver connection on which there evidently had bcen an error which WilS beinq checked out by staff. ' Mr. 'l'eitzel explained that when this project. was started, because of the large parcel of land in Mr. Tyson's ownership and its potential for subdi v,ision, he was told that if he antic,ipated parti tioning the entire ass,essment would have to be paid in accordance with state law before that could occur. Mr. Tyson did go ahead with subdivision so the property was assessed for a 36-fooc widch. Had the suhdi vision not occurred, the port,i:on in. excess of 28 feet e 4/14/75 - 34 '~Q