MINUTES
ZONING BOARD OF ADJUSTMENT
May 17, 2005
1. CALL TO ORDER.
Chairperson Kent called the regular meeting of the Marion Zoning Board of Adjustment to order at 7:00 P.M.
2. ROLL CALL.
Members Present: Gibson, Krigbaum, Kent, Van Note, Barnes
Members Absent: None
Staff Present: Treharne, Hockett
3. MINUTES.
Zoning Board of Adjustment – April 19, 2005.
4. CONSENT CALENDAR.
a. Motion to receive and file all correspondence from applicants and staff reports regarding variance requests on the May 17, 2005 Marion Zoning Board of Adjustment agenda.
Motion passed.
5. APPEALS -
a. Jason Brandon, 1690 Park Avenue, Marion, Iowa –Request for a variance pursuant to Section 176.32.10 of the Marion Code of Ordinances to allow a garage door less than the required 25 feet from the lot line it faces in the R-2, Medium Density Single-Family Residential Zoning District.
ZBA Resolution No. 05-4 approving variance request.
ZBA Resolution No. 05-4 denying variance request.
Hockett presented the staff report regarding the proposed variance request indicating that the variance request is for four feet. Hockett explained that the home was on a narrow lot in an older section of town.
Jason Brandon, 1690 Park Avenue stated that he had worked with City staff regarding all options available to him and he felt that this would be the best option and requests approval of the variance.
Leslie Rowse, 1700 Park Avenue stated that he supported the variance request.
There were no additional comments for or against the proposed variance request.
There was general discussion regarding the variance request amongst the Board Members.
Gibson inquired if the garage door was turned to face south would the applicant need a variance.
Hockett indicated that by turning the doors to the south the applicant would not need the variance request and could move the street side wall to within 12 feet of the property line instead of the required 25 feet.
Kent stated that he believes in this neighborhood they have granted variance for many different requests based on the size of the lots and the age of the neighborhood.
Gibson stated that while the applicant could turn the garage doors south and meet the setback requirements the yard would lose all open space.
There was no additional discussion for or against the proposed variance request.
Motion by Krigbaum, seconded by Gibson to approve ZBA Resolution No. 05-4 approving a variance request based on the size of the lot and fact that the entire backyard open space would be lost if garage doors faced to the south.
Roll Call:
Ayes: Krigbaum, Gibson, Barnes, Van Note, Kent
Nays: None
Motion carried.
b. Carlyle and Jeanette Pentico, 1175 9th Street, Marion, Iowa – Request for a variance pursuant to Section 176.10-3(D) of the Marion Code of Ordinances to allow less than the required corner side yard setback for an addition to the principal structure and Section 176.33-2(C) to allow the expansion/enlargement of a nonconforming structure in the R-3, Two-Family Residential Zoning District.
ZBA Resolution No. 05-5 approving variance request.
ZBA Resolution No. 05-5 denying variance request.
Hockett presented the proposed variance request. The applicant was proposing to construct an addition into the required corner side yard setback in line with the existing legal nonconforming structure.
Kent inquired about the existing deck. Hockett stated that the deck would have required a variance had there been a building permit review. However, since it was under 30 inches tall, it did not require a building permit so it never was caught when it was built.
Ruth Kinkead, 1209 9th Street stated that she supported the request.
Jennette Pentico, 1175 9th Street, stated that the addition will increase the first floor living area and will blend to the existing house. She stated that this is an older neighborhood and a majority of the structures do not meet the setback requirements.
There were no additional questions regarding the proposed variance request.
Motion by Gibson, seconded by Barnes to approve ZBA Resolution No. 05-5 approving variance request based on the legal nonconformance of the existing structure and the age of neighborhood and general nonconformance of structures.
Roll Call:
Ayes: Krigbaum, Gibson, Barnes, Van Note, Kent
Nays: None
Motion carried.
c. Marion Independent School District (Marion Home School Assistance Program) 440 S. 15th Street, Marion, Iowa – Request for a variance pursuant to Section 176.29-2C(1) of the Marion Code of Ordinances to allow off-street parking spaces in the required front and corner side yard in the R-2, Medium Density Single-Family Residential Zoning District.
ZBA Resolution No. 05-6 approving variance request.
ZBA Resolution No. 05-6 denying variance request.
Gibson stated that he would not participate in the variance request by the Marion Independent School District.
Hockett presented the staff report regarding the proposed request. Hockett stated that the variance was required to pave a parking lot in this setback. The applicant could pave in this area now, but the area would have to be stripped no parking and then enforced if complaints of parking were received. The existing parking lot was a substandard gravel parking lot with no stormwater control. Hard surfacing of this lot will bring the lot into compliance with the existing code and the design will capture most stormwater and route it to the streets.
Marcia Wright. 415 S. 14th Street, inquired about required landscaping around the proposed parking lot.
Hockett stated that the proposed parking lot will be required to meet the landscaping and screening ordinance recently adopted by the City.
There was no additional discussion for or against the proposed request.
Motion by Barnes, seconded by Van Note to approve ZBA Resolution No. 05-6 approving variance request subject to the required landscaping to be provided along the north and west perimeter of the proposed parking lot based on improvement of the existing non-conforming parking lot and improvement to stormwater problems as a result of the substandard parking lot.
Roll Call:
Ayes: Krigbaum, Barnes, Van Note, Kent
Abstain: Gibson
Nays: None
Motion carried on a 4-1-0 roll call vote.
d. Thomas and Susan Pitlik, C.R. Bowl, Inc., 265 Blairs Ferry Road NE, Marion, Iowa – Request for a variance pursuant to Section 176.35-12(B) of the Marion Code of Ordinances to allow a fence in excess of 6 feet in height in the C-3, General Commercial Zoning District.
ZBA Resolution No. 05-7 approving variance request.
ZBA Resolution No. 05-7 denying variance request.
Hockett presented the staff report regarding the variance request. He stated that the applicant had previously received approval for an 8 foot fence in this area; however, with the reconstruction / widening of Blairs Ferry Road the fence is now closer to the road and no longer sufficient.
Susan Pitlik, 578 Cedar River Road, representing the applicant stated that this request is needed for the safety of cars on Blairs Ferry Road.
Krigbaum stated that he is familiar with the problem they are having and feels that additional fence will create a much safer situation.
There were no additional comments for or against the proposed request.
Motion by Krigbaum, seconded by Gibson to approve the variance request to allow a chain link fence no more than 15 feet in height based on need to protect both vehicles on Blairs Ferry Road and volley ball players.
Roll Call:
Ayes: Krigbaum, Barnes, Van Note, Kent, Gibson
Nays: None
6. ADJOURNMENT.
There being no additional business to come before the Board the meeting was adjourned at 8:30 PM.
Respectfully submitted,
Gordon Gibson, Secretary