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Resolution 19-99

The City of Monticello, Iowa

IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA

RESOLUTION #19-99

Resolution approving Conditional Rezoning Agreement between City of Monticello and Mitch and Kendi Monk for 5 Spring Farm Lane, Unit 1 &2

WHEREAS, the City of Monticello has received and considered a request to re-zone property located on Spring Farm Lane, on property legally described as follows:

That part of Lot 1 of “Fraser Place” commencing at the Southeast corner of said Lot 1 thence West 180 feet to the point of beginning, thence North 90 feet; thence West to the West line of Lot 1; thence Southerly along the West line of said Lot 1 to the Southwest corner of said Lot 1; thence East along the South line of said Lot 1 to the point of beginning and including the right of easement to use the existing road with others on the Westerly side of Lot 1 and Lot 2 of “Fraser Place” aforesaid, including the right of easement to use the existing driveway with others on the Southerly side of Lot 1, SUBJECT to all easements of record, all in Jones County, Iowa

-and-

WHEREAS, during the consideration of the re-zoning request the City has received input from neighbors and based thereon given consideration to the placement of restrictions on the proposed re-zoning, and

WHEREAS, the City Council has agreed to re-zone the property, giving the proposed re-zoning three separate considerations, and has further agreed to the preparation and entry into an agreement to condition that re-zoning on the following terms and provisions:

  1. One structure will be permitted to be constructed on the lot, that being a two-unit Condominium with no more than two bedrooms per unit, said Condominium to be built on a slab.
  2. Each Condominium Unit shall include a garage with two parking stalls and each garage shall be served with a Concrete Driveway that will allow at least two cars to be parked outside of the garage on the driveway, outside of any street right-of-way.
  3. The property shall be served by a permitted Septic System that shall be installed in such a manner so that discharge from the septic system is minimal to none with all discharge to be managed or maintained on the property. (There shall be no “stream” of water or evidence of septic tank discharge leaving the above described property.)
  4. The structure shall meet all City Code setbacks and a building permit must be acquired prior to the commencement of construction.
  5. It is the stated intention of the Owner/Applicant that each unit is intended to be sold. To that end, the only time a unit may be rented (occupied by a non-owner) is if the other unit is owner occupied and that owner owns the second unit to be occupied by a tenant. A violation of this provision shall subject the Owner of the property to Civil Penalties and injunctive relief.

WHEREAS, the City Council has reviewed the Conditional Rezoning Agreement, understands that the Monks have agreed to the proposed Conditional Rezoning Agreement, and finds that same should be approved.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Monticello, Iowa does hereby approve the Conditional Rezoning Agreement between the City of Monticello and Mitch and Kendi Monk, the City Clerk being directed to record the Conditional Rezoning Agreement with a copy of this Resolution to be appended thereto.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the City of Monticello, Iowa to be affixed hereto.  Done this 1st day of July, 2019.

Brian Wolken, Mayor

Attest:

Sally Hinrichsen, Monticello City Clerk