Agenda - Planning Commission - 02/06/2003

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108 Page 2 December 24, 2002 Zoning Classification -- Real estate agents use residential property for 'open houses' City claims bulmer violated zoning code IOWA (11/1.4/02) -- Regency Builders Inc. offered subdivision lots for sale to buyers seeking to construct new homes. On. two lots in question, Regency built model homes, which were completed with furnishing. The garage of ea.ch home had been modified by removing the garage door and replacing it with a French door and placing a desk and chairs in the garage. This office area.was used t° show potential buyers available floor plans. The model homes were staffed during posted hours by real estate agents. The agents referred to these posted times as "daily open houses." As to one of the homes, it was open for an hour every weekday except Friday and three hours each weekend day. For a time, one of'the homes displayed lighted American and Iowa flags. The City of Ames issued citations for both lots for violating the zoning code. The code did not permit commercial use of premises located in a residen- tial zoning district. The city claimed Regency was using the premises as a place to facilitate commercial transactions for sale or construction of houses at other sites. Regency sued, and the court ruIed in favor of the city. Regen'cy appealed. DECISION: Affirmed. Regency violated the zoning code with its model homes. It was undisputed these homes were designed as single-family dwellings for actual occupancy at some time, but the ordinance also required they be used for that purpose as well. Actual use as single-family dwellings was de- layed as to those homes for an indefinite, period of time. Regency argued the sales offices were similar to real estate open houses. However, an open house was a use in which the absence of the occupants was only temporary. The open house itself was intended to show the home to per- sons who were interested in becoming occupants of that particular home. In contrast,, a model home was intended to attract potential occupants to other homes on other lots. This use was commercial in nature. Citation: City of Ames v. Regency Builders [nc., Supreme.CoUrt of Iowa, No. 134/00-1323 (2002). see also: Kordick Plumbing & Hearing Co. v. Sarcone,. t~ 90 N. W. 2d 115 (1971). see also: Mission Viejo Co. v. Douglas County Board of Equalizarion, 88~ P2d 462 (/994). Special Exception -- Religious group proposes house of worship City denies application, citing traffic concerns CONNECTICUT (11/05/02) -- Bethlehem Christian Fellowship Inc. was a tax-exempt religious corporation. It filed an application with the Planning and I I I i I I I I I I i ! ! I I I I !