HomeMy WebLinkAbout05.23.2005APPEAL HEARING
May 23, 2005
4:45 p.m.
Council Chambers
Members present: Mayor Hurley, Kincaid, Cole, Greenwood, Clark, Sc mitt, Gunderson,
Welper.
Also present: Dave Zellhoefer, Neal Seemann, Larry Stumme.
Moved by Welper, seconded by Kincaid that the Agenda, as proposed, be : pproved. Ayes:
Seven. Motion carried.
This being the time and place of public hearing on the appeal of Neal See ann of Notice of
Violation of Section 4-4-6A(4) Junk, and Section 4-4-7, Junk Motor Vehicles, of the Waterloo
Code of Ordinance for property located at 2230 Independence Avenue, Mayor Hurley called for
oral comments.
Dave Zellhoefer, Assistant City Attorney, explained the actions leading up
Violation. The Mayor's office received a complaint from a citizen. Code
Boike made a trip to 2230 Independence Avenue, but he was denied access to t
owner, Neal Seemann. Mr. Boike took photographs of the property. Mr. Zel
the Court issue a search warrant to allow the city to inspect 2230 Independ
Judge George Stigler granted the search. On April 8, 2005 Mr. Boik
Independence Avenue and took pictures of the property. On April 21, 2005
Notice of Violation to Mr. Seemann, and Mr. Seemann was given 10 days as r
all the junk and junk vehicles shown on the pictures. On April 29, 2005, Mr.
appeal of the Notice of Violation with the city clerk.
Mr. Zellhoefer explained that junk cars and junk vehicles are not allowed
Waterloo Code of Ordinances. The property located at 2230 Independence Av
1" Commercial District and "A-1" Agricultural District. An auto repair
permitted use in either "C-1" or "A-1" zoned properties, nor is it permitte
storage of such items associated with that type of business. This includes mobil
Lou Cutwright, Building Official/Maintenance Administrator, explained zoning
The property is zoned "C-1" Commercial District, but this zoning does not all
exist, and cannot have outside storage not directly connected to a business.
does not allow outside storage. Mr. Cutwright noted that Code Enforcement h
several times.
Councilperson Clark asked if Mr. Seemann has a license to do business at
Cutwright responded he is not aware of any license for this type business but
about a gas station or repair business.
Larry Stumme, representing Mr. Seemann, stated that Mr. Seemann's position
allocations and does not believe he is in violation. Mr. Stumme stated Mr. See
in compliance with the city's ordinance and will appeal to District Court.
Councilperson Gunderson asked if Mr. Seemann is repairing and recyclin
Stumme responded yes he repairs cars and he recycles. Councilperson Gund
doesn't Mr. Seemann have a revenue stamp. Mr. Stumme responded he is no
answer these questions, and that Mr. Seemann feels he is in compliance.
Moved by Clark, seconded by Gunderson that the hearing be closed and o
received and placed on file. Ayes: Seven. Motion carried.
Moved by Schmitt, seconded by Gunderson that the Notice of Violation be
Seven. Motion carried.
to the Notice of
nforcement Eric
e property by its
hoefer requested
ce Avenue, and
went to 2230
r. Boike issued a
quired to remove
eemann filed an
pursuant to the
nue is zoned "C-
usiness is not a
to have outside
homes.
for the property.
w a junk yard to
e "A-1" zoning
s visited the site
is location. Mr.
e does not know
is he denies the
ann thinks he is
cars, and Mr.
rson asked why
in a position to
comments be
ffirmed. Ayes:
Appeal Hearing
May 23, 2005
Page 2
With no further business before the council, it was moved by Welper, seconded by Gunderson
that the meeting be adjourned at 4:57 p.m. Ayes: Seven. Motion carried.
Nancy Eckert
City Clerk