ORDINANCE NO. 13,960

AN ORDINANCE to amend the Official Zoning Map of the City of Des Moines, Iowa, set forth in Section 134-277 of the Municipal Code of the City of Des Moines, Iowa, 2000, by rezoning and changing the district classification of certain property located in the vicinity of 2901 Hickman Road from an "R1-60" One Family, Low Density Residential District to a Limited "R-2" One and Two Family, Low Density Residential District classification.

Be It Ordained by the City Council of the City of Des Moines, Iowa:

Section 1. That the Official Zoning Map of the City of Des Moines, Iowa, set forth in Section 134-277 of the Municipal Code of the City of Des Moines, Iowa, 2000, be and the same is hereby amended by rezoning and changing the district classification of certain property located in the vicinity of 2901 Hickman Road, more fully described as follows, from an "R1-60" One Family, Low Density Residential District to a Limited "R-2" One and Two Family, Low Density Residential District classification:

Lots 9, 10 and 11, Thirtieth Place Replat, an Official Plat (except South of a line beginning 29.5 feet North of the Southwest corner of said Lot 9; thence East 10.0 feet; thence southeasterly to a point 22.5 feet North of the Southeast corner of said Lot 11); and the East 149.3 feet of the South 39.5 feet Lot 12 of said Thirtieth Street Place Replat, all now included in and forming a part of the City of Des Moines, Polk County, Iowa (hereinafter referred to as the "Property").

Sec. 2. That this ordinance and the zoning granted by the terms hereof are subject to the following imposed additional conditions which have been agreed to and accepted by execution of an Acceptance of Rezoning Ordinance by all owners of said property and are binding upon the owners and their successors, heirs, and assigns as follows:

A garage shall be constructed upon any lot on the Property used for a two-family dwelling, within five years of the completion of the two-family dwelling. No lot on the Property shall be used for a two-family dwelling for more than five years without a garage(s) on the lot providing at least one enclosed parking space for each dwelling unit on the lot.

Sec. 3. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

Sec. 4. That the City Clerk is hereby authorized and directed to cause certified copies of this ordinance and proof of publication thereof, and the Acceptance of Rezoning Ordinance signed by all owners of the Property to be properly filed in the office of the Recorder of Polk County, Iowa.

FORM APPROVED:

Roger K. Brown, Assistant City Attorney