Prepared by and to be returned to Linn County Planning & Development nd Street S.W., Cedar Rapids, Iowa (319)

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1 Prepared by and to be returned to Linn County Planning & Development nd Street S.W., Cedar Rapids, Iowa (319) LINN COUNTY, IOWA ZONING BOARD OF ADJUSTMENT IN THE MATTER OF THE APPLICATION OF Carl L. Uhlenhopp & Patricia A. Uhlenhopp; and Lucas Folsom, Owners, and Abode Construction, Inc., Petitioner, requesting a Conditional Use Floodplain Permit for excavation within the floodway in accordance with Article 4, Section 9, (4) and Article 7, Section 13, (5&7) of the Linn County Unified Development Code. The property is located at 4708 & 4900 Indian Creek Road, and generally described as being in the NW SW and SW SW DECISION AND ORDER CASE NUMBER FINDINGS OF FACT The Board of Adjustment makes the following Findings of Fact: 1. Lucas D. Folsom and Carl L. & Patricia A. Uhlenhopp are the owners of record of the subject property. 2. The applicant is Abode Construction, Inc. 3. The subject property is zoned USR (Urban Services Residential). 4. The land use designation of the subject parcel is MUSA (Metro Urban Service Area). 5. Excavation within the general floodplain requires a Conditional Use Floodplain Permit in accordance with the Linn County Unified Development Code Floodplain Overlay District requirements. 6. A formal pre-application meeting was held with the applicant on August 1, An application for a Conditional Use Floodplain Permit was submitted on August 16, 2017.

2 Page 2 of 7 8. The Linn County Planning and Zoning Commission recommended approval of the application at their September 18, 2017 meeting by a vote of 5 to 0 (2 absent). CONFORMANCE TO THE UNIFIED DEVELOPMENT CODE ARTICLE 7, SECTION 13 FLOODPLAIN OVERLAY DISTRICT (b)(iii)(3) Factors. In reviewing applications for conditional uses or requests for variances, the Board of Adjustment shall consider all relevant factors specified in other sections of the UDC and: (A): The danger to life and property due to increased flood heights or velocities caused by encroachments. The nature of the proposed use (excavation) will not cause increased flood heights or velocities. (B): The danger that materials may be swept on to other lands or downstream to the injury of others. Fill material will be temporarily stored in the floodplain, but construction material and equipment will be stored outside of both the floodplain and floodway. The applicant has indicated that the fill material and equipment can be removed if there is a flood watch or warning. (C): The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. The proposed sewer main will service a larger area, and possibly allow property owners currently using septic systems to connect at some time in the future; this could lessen the chance for contamination from failing septic systems. (D): The susceptibility of the proposed facility and its contents to flood damage and the effect of such flood damage on the individual owner. The new sanitary sewer line will be buried to a state-required depth, which should lessen the susceptibility of the sewer line to flood damage. (E): The importance of the services provided by the proposed facility to the County Board. The proposed extension of sewer is important to the growth of the City of Marion. (F): The requirements of the facility for a floodplain location. Sewer lines are often located in floodplains due to the flow direction following the existing terrain. A sewer line already exists to the west of this location, and the extension request has been proposed to accommodate future growth of the City of Marion.

3 Page 3 of 7 (G): The availability of alternate locations not subject to flooding for the proposed uses. As previously stated, sewer lines are often located in natural drainage basins. (H): The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. The proposed use will not be incompatible with surrounding development. (I): The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. The proposed use supports the growth and development of the City of Marion. The proposed use also is consistent with the floodplain management practices of Linn County. (J): The safety of access to the property in times of flood for ordinary and emergency vehicles. Long term access is not required for the proposed use. (K): The expected height, velocity, duration, rate of rise and sediment transport of the flood water expected at the site. It is not anticipated that the proposed use will affect existing conditions for any of these elements. A no-rise certificate is required which indicates that the project will not cause a rise in flood heights or velocities. (L): Such other factors which are relevant to the purpose of this ordinance. There are no other factors which are relevant.

4 Page 4 of 7 ORDER WHEREFORE, it has been demonstrated that all Legal Principles have been met; it is ordered that the appellant is granted a Conditional Use Floodplain Permit,, for excavation in the floodway to be sited in the following location: 4708 & 4900 Indian Creek Rd Marion, IA (This permit is subject to the conditions as shown on Attachment A.) Voting aye: Voting nay: Not voting: Absent: Any person who desires to appeal this decision to a court of record may do so within 30 days after the filing of this decision with the Board s office. Done this 27th day of September, Veronica Cerka, Chairperson Linn County Board of Adjustment Space below reserved for Planning and Development office use only. FILING DATE:

5 Page 5 of 7 Attachment A LINN COUNTY ENGINEERING DEPARTMENT STEVE GANNON, COUNTY ENGINEER, Steve.Gannon@linncounty.org Brad.Ketels@linncounty.org 1. Entrance permit required for new entrances and existing unpermitted entrances, Sec.11 and the Unified Development Code, Article 4, Sec. 8B 9(e). One entrance per parcel is allowed. An additional access may be allowed with justification and permit. 2. Utility permit required for any work in County right-of-way or easement. Comments: 1. No construction within the County right-of-way without a permit from the Linn County Engineer. 2. Entrance permit required for new entrances and existing entrances that do not conform to County Standard Specifications. Only a breakaway mailbox is allowed. Decorative walls, or other items that may identify the owner or address of the property, are not allowed within the road right-of-way. 3. Proposed private and public roads shall be constructed to comply with County Standard Specifications. 4. All drainage easements follow the natural flow of surface water as per Article 4, Section 8B, 9(f)(ii) of the Unified Development Code. 5. No vertical headwalls within the right-of-way. A breakaway mailbox is allowed. No other type of mailbox is allowed within the road right-of-way. Decorative walls, or other items that may identify the owner or address of the property, are not allowed within the road right-of-way. IOWA DEPARTMENT OF TRANSPORTATION JOEL KEIM, ENGINEERING OPERATIONS TECHNICIAN, Joel.Keim@dot.iowa.gov 1. Not within the jurisdiction of the Iowa Department of Transportation. LINN COUNTY PUBLIC HEALTH DEPARTMENT SUE ELLEN HOSCH, ENVIRONMENTAL SPECIALIST, SueEllen.Hosch@linncounty.org 1. No conditions to be met.

6 Page 6 of 7 NATURAL RESOURCES CONSERVATION SERVICE JON GALLAGHER, LINN COUNTY SOIL CONSERVATIONIST JOHN BRUENE, DISTRICT CONSERVATIONIST, x3 Jon.Gallagher@ia.nacdnet.net 1. Submit erosion and sediment control plan for review and approval prior to earth disturbing activities. 2. Submit stormwater pollution prevention plan for review and acceptance prior to any site grading activities. 3. Clarify plans to address potential wetland area with NRCS. Comments: 1. Submit all required items above to Jon Gallagher at the NRCS office. LINN COUNTY CONSERVATION DEPARTMENT DENNIS GOEMAAT, Dennis.Goemaat@linncounty.org 1. There is a significant stream present. This stream should be protected by following the NPDES permit requirements for erosion control (if applicable). LINN COUNTY EMERGENCY MANAGEMENT MIKE GOLDBERG, mike.goldberg@linncounty-ema.org 1. No conditions to be met. LINN COUNTY 911 COORDINATOR SHARENE OTTAWAY, Sharene.Ottaway@linncounty.org 1. No conditions to be met. LINN COUNTY PLANNING AND DEVELOPMENT - ZONING DIVISION STEPHANIE LIENTZ, PLANNER, Stephanie.lientz@linncounty.org 1. All applicable State and Federal Permits must be obtained prior to excavation. 2. The petitioner shall sign an Acceptance of Conditions form which provides assurance that all conditions will be met on a continuous basis and specifically agrees to hold Linn County harmless from

7 Page 7 of 7 any and all damages or claims for damages that might arise or accrue by reason of approval of the conditional use case by the Linn County Board of Adjustment. Further, by signing the Acceptance of Conditions form, the petitioner shall agree to allow employees of the County reasonable access to the property for inspection and for submission of documents to verify employment level of off-site employees. 3. A certificate of no-rise shall be submitted and executed by the applicant s engineer. 4. Overburden and other construction material should be stored outside the floodway wherever possible; if these materials are stored within the floodway, they should be removed in the event of heavy rainfall or possible flash flooding conditions.