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 Scott B De Camp & Mary J Zalesky, Owners, and, Petitioner, requesting a Conditional Use Floodplain Permit for an accessory structure in accordance with Article 7, Section 13, (5) of the Linn County Unified Development Code. The property is located at 1074 Springville Rd, and generally described as being in the NESE DECISION AND ORDER CASE NUMBER FINDINGS OF FACT The Board of Adjustment makes the following Findings of Fact: 1. Scott De Camp & Mary Zalesky are the owners of record of the subject property. 2. The subject parcel is zoned AG (Agricultural). 3. The location of the proposed accessory structure is designated as an unstudied 100-year floodplain on the current Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM). 4. A Floodplain Permit is a conditional use in an unstudied General Floodplain Overlay District. 5. An application for a Conditional Use Floodplain Permit was received on July 13, A site specific floodplain elevation determination was received on August 2 nd, 2017 from Bill Cappuccio, Floodplain Management Engineer for the Iowa Department of Natural Resources (IDNR), stating:

2 Page 2 of 7 (1) The site is not in a Floodway, and (2) The 100-year flood elevation as determined by the IDNR is lower than the existing natural ground elevations at the project site. The 100-year flood elevation for this location is determined to be ft. Ground elevations at the project site are above that elevation (between ft). 7. The Linn County Planning & Zoning Commission recommended approval of the application at their August 21, 2017 meeting by a vote of 7 to 0. CONCLUSIONS OF LAW: 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 proposed accessory structure will not cause increased flood heights or velocities based on IDNR determination of the 100-year floodplain. (B): The danger that materials may be swept on to other lands or downstream to the injury of others. The proposed accessory structure and its contents will pose little to no danger to people and property downstream based on IDNR determination of the 100-year floodplain. (C): The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. n/a (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 proposed accessory structure and its contents will have little to no susceptibility to flood damage based on IDNR determination of the 100-year floodplain. (E): The importance of the services provided by the proposed facility to the County Board. n/a (F): The requirements of the facility for a floodplain location.

3 Page 3 of 7 The accessory structure is not being placed in a floodplain location based on IDNR determination of the 100-year floodplain. (G): The availability of alternate locations not subject to flooding for the proposed uses. The availability of alternate locations not subject to flooding is not relevant to the case based on IDNR determination of the 100-year floodplain. (H): The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. The proposed development will be compatible with surrounding development as long as it adheres to the Linn County UDC maximum size requirement for an accessory structure, in front of a principal structure, on a parcel of 3 acres or less. (I): The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. The proposed use 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. Ordinary and emergency vehicles will have safe access to the property in times of flood. (K): The expected height, velocity, duration, rate of rise and sediment transport of the floodwater expected at the site. It is not anticipated that the proposed use will affect existing conditions for any of these elements based on IDNR determination of the 100-year floodplain. (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 an Accessory Structure to be sited in the following location: 1074 SPRINGVILLE RD Mount Vernon, 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 6 th 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. An easement must be shown and recorded for drive access through adjacent property to shared drive. 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 LINN COUNTY PUBLIC HEALTH DEPARTMENT SUE ELLEN HOSCH, ENVIRONMENTAL SPECIALIST, SueEllen.Hosch@linncounty.org NATURAL RESOURCES CONSERVATION SERVICE JON GALLAGHER, LINN COUNTY SOIL CONSERVATIONIST

6 Page 6 of 7 JOHN BRUENE, DISTRICT CONSERVATIONIST, x3 Jon.Gallagher@ia.nacdnet.net Comments: 1. Before grading and building on lots, a plan for erosion control is needed. Plan shall be implemented before, during, and after construction. Utilize Erosion Control for Small Site Development brochure during construction of homes and outbuildings. The brochure can be obtained from the NRCS office or Planning and Development. LINN COUNTY CONSERVATION DEPARTMENT DENNIS GOEMAAT, Dennis.Goemaat@linncounty.org LINN COUNTY EMERGENCY MANAGEMENT MIKE GOLDBERG, Mike.Goldberg@linncounty-ema.org LINN COUNTY 911 COORDINATOR SHARENE OTTAWAY, Sharene.Ottaway@linncounty.org LINN COUNTY PLANNING AND DEVELOPMENT - ZONING DIVISION MIKE TERTINGER, PLANNER, Mike.Tertinger@linncounty.org 1. The Conditional Use application shall be reviewed within one year to ensure that all conditions have been met. 2. The Conditional Use permit authorizes the permit holder the use of land or structures in a particular way and subject to certain conditions. As such, it is transferable; however, no person (including successors or assigns of the original permit holder) may make use of the land or structures covered under such permit except in accordance with all terms and requirements of the permit, so long as the permit remains in effect.

7 Page 7 of 7 3. The Conditional Use permit shall expire automatically (a) if, within 5 years after issuance, substantial action has not been taken to accomplish the purpose of the permit, or; (b) if, after substantial action has been taken and subsequently such work is discontinued for a period of one year, the permit shall immediately expire, or; (c) if the conditional use has been established and subsequently is discontinued for a period of one year, or; (d) if the official FEMA Flood Insurance Rate Map has been updated to show the conditional use permit project location is no longer considered within the 100-year flood elevation, the permit shall expire. 4. Site plan shall meet the standards of Article 4, Section 7, Subsection 1, of the Unified Development Code. 5. 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 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. 6. All zoning requirements shall be met. LINN COUNTY PLANNING AND DEVELOPMENT - BUILDING DIVISION ANDREW OIEN, BUILDING OFFICIAL, Andrew.Oien@linncounty.org 1. A building permit is required before work to construct, enlarge, alter, repair, move, or demolish a building or structure, or to change the occupancy (use) of a building or structure. 2. Separate permits are required for any electrical, plumbing, and/or mechanical (HVAC) work. Permits shall be obtained and work performed by contractors licensed in the respective trade. 3. A certificate of occupancy issued by the building official is required before the building or structure, or portion thereof, is used or occupied. 4. Conditional Use applicants should contact the building official for specific code provisions and/or submittal documents required for the proposed business or conditional use. Based on cursory review of preliminary plans, the operatory room with medical gas use may require special building code considerations. Public restrooms will need to be accessible per Chapter 11 of the 2009 International Building Code (and ANSI A by reference).