City of Cedar Rapids v. McConnell-Stevely-Anderson Architects and Planners, P.C.

• Decision Date: 11 May 1988
• Docket Number: CONNELL-STEVELY-ANDERSON,No. 87-336,87-336
• Citation: 423 N.W.2d 17
• Parties: CITY OF CEDAR RAPIDS, Iowa, Appellee, v. McARCHITECTS AND PLANNERS, P.C., Appellant.
• Court: Iowa Supreme Court

Page 17

423 N.W.2d 17

CITY OF CEDAR RAPIDS, Iowa, Appellee, v. McCONNELL-STEVELY-ANDERSON ARCHITECTS AND PLANNERS, P.C., Appellant.

No. 87-336.

Supreme Court of Iowa.

May 11, 1988.

Rehearing Denied June 15, 1988.

Stephen C. Nelson and Richard P. Moore of Moyer & Bergman, Cedar Rapids, for appellant.

David F. McGuire and James H. Flitz, Cedar Rapids, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, LAVORATO, and ANDREASEN, JJ.

ANDREASEN, Justice.

This appeal involves the validity of the land use restrictions upon Lot # 1, Block # 4, Higley's addition, located at 860 17th Street S.E., Cedar Rapids, Iowa (Lot 1, Block 4) (approximately 1.58 acres).

In 1966, McConnell-Stevely-Anderson Architects and Planners, P.C., (MSA), agreed to purchase Lot 1, Block 4, on the condition that the zoning classification would be changed from two-family residential use (R3) to multiple dwelling use (R4) and that the city would permit renovation of the residential building, known as Higley Mansion, for use as an architectural office. MSA intended to temporarily locate its office in Higley Mansion and to construct apartment buildings on adjacent property within Lot 1, Block 4. Later, MSA planned to tear down Higley Mansion and construct a new office building. In November of 1966, MSA presented these plans to the Cedar Rapids Planning Commission as a preliminary step before consideration by the city council of its request for a zoning change.

The planning commission approved MSA's plans and recommended to the city council that Lot 1, Block 4, be rezoned as a multiple dwelling district (R4) and that a special permit be granted to allow MSA to renovate Higley Mansion for use as an architectural office. On December 7, 1966, the city council passed ordinance 125-66 which changed the zoning classification of Lot 1, Block 4, to allow for multiple dwelling use (R4). This rezoning did not permit the property to be used as an architectural office. The city council also passed ordinance 126-66 which did allow Higley Mansion to be renovated and used as an architectural office building. This ordinance, granting a special use, restricted the property's use to an architectual office. It also required that the plans for the office be approved by the city council.

MSA agreed to the terms and conditions of both ordinances (1966 ordinances) and specifically acknowledged that the restrictions would be a covenant to run with the land. MSA remodeled Higley Mansion and used it as their architectural office from 1968 until 1986, but did not proceed with its plan to construct an office building or apartments on Lot 1, Block 4.

In 1972, MSA applied to the city council to rezone Lot 1, Block 4, to a residential transition zone (RT) which would allow for office building use. When neighborhood residents objected to this rezoning, MSA aborted the attempt to rezone its property.

In 1979, the city council adopted a comprehensive zoning ordinance which increased the number of zoning classifications in Cedar Rapids. Lot 1, Block 4, was shown on the zoning map to be in an office/service (O/S) district. Convalescent and nursing homes, including extended medical care facilities, are permitted uses in the O/S district. The 1979 zoning ordinance also provided:

That all ordinances heretofore ... adopted ... rezoning specific parcels of property whereby conditions ... [or] other requirements made of the property owners in connection with the rezoning of said property, are herewith specifically preserved and exempted from all repealer provisions of this Ordinance, and all such conditions ... or other requirements are continued in full force and effect....

Cedar Rapids, Iowa, Ordinance 32.22 (1979).

In the early 1980's, MSA met with city representatives concerning the zoning classification of Higley Mansion. MSA was interested in razing Higley Mansion and erecting a residential care facility. They requested a demolition permit for Higley Mansion and a building permit for construction of a residential care facility. In December of 1986, a demolition permit was issued. After neighborhood residents objected to MSA's request that the property be used as a residential care facility, the building permit was denied. MSA made no request to rezone Lot 1, Block 4, or to repeal the terms and conditions of the 1966 ordinances.

The city requested that the court declare and construe the zoning classification, restrictions, and allowed use regarding the development of Lot 1, Block 4. The trial court found the 1966 special use ordinances created restrictive covenants that limited the use of Higley Mansion to architectural offices. The conditions and restrictions of the 1966 ordinances were not repealed by adoption of the 1979 comprehensive zoning ordinance. The court found MSA was estopped to challenge the validity of the 1966 ordinance because MSA had agreed to the...