MINUTES
MARION ZONING BOARD OF ADJUSTMENT
AUGUST 15, 2006
1. CALL TO ORDER.
Chairman Kent called the regular monthly meeting of the Marion Zoning Board of Adjustment to order and explained the process and rules of the public hearing to be conducted.
2. ROLL CALL.
Members Present: Chuck Kent (Chairman), Lorna Barnes, Gordon Gibson, Ron Van Note.
Members Absent: Scott Sylvester
Staff Present: Tom Treharne
3. MINUTES –
Zoning Board of Adjustment – April 18 and June 20, 2006
It was noted that the minutes from the April 18, 2006 meeting were not available for review. Treharne stated that the meeting minutes will be available at the next meeting. There was computer data lost regarding those minutes.
Motion by Barnes, seconded by Gibson to approve the June 20, 2006 Zoning Board of Adjustment minutes as submitted.
All “ayes” motion carried
4. CONSENT CALENDAR.
a. Motion to receive and file all correspondence from applicants and staff reports regarding variance requests on the August 15, 2006 Marion Zoning Board of Adjustment agenda.
Motion by Gibson, seconded by Van Note to receive and file all correspondence from applicants and staff reports.
All “ayes” motion carried
5. APPEALS -
a. Janice Dockendorff, 1495 Douglas Court, Marion, Iowa – Requesting a variance from Section 176.32.10 of the Marion Code of Ordinance 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. 06-08 approving variance request.
ZBA Resolution No. 06-08 denying variance request.
Treharne presented the staff report regarding the proposed garage addition.
The petitioner spoke in favor of the request and submitted to the Chair a copy of a signed petition by residents in the neighborhood (the same petition submitted at the time of the application and included in staff’s report).
No one spoke in opposition of the request. There were no additional comments for or against the proposed request.
The public hearing was closed.
Motion by Gibson, seconded by Barnes to approve ZBA Resolution No. 06-08 approving variance request based on the findings that strict conformance with the standards of the Zoning Ordinance would result in undue hardships for the property owner based on the age of the neighborhood and the fact it is in conformance with other garage setbacks within the block; and, provided that runoff associated with the new garage is mitigated and does not negatively impact the adjacent property owners.
Roll Call:
Ayes: Van Note, Kent, Barnes, Gibson
Nays: None
Abstain: None
All “ayes” motion carried (4-0)
b. Sires Bowling Pro Shop, 1065 Lyons Lane and Park Avenue Realty, owner of the subject premises located at 895 Blairs Ferry Road, Marion, Iowa requesting the following variances:
(1) Variance from Section 176.31-6D(5b) of the Marion Code of Ordinances to allow less than the required 60 feet between an on premise and off-premise sign in the C-3 Zoning District.
(2) Variance from Section 173.31-6E of the Marion Code of Ordinances to allow an off-premise sign less than the required 300 feet from a residential zoning district.
(3) Variance from Section 176.22-3C of the Marion Code of Ordinances to allow an off-premise sign less than the required 12 foot front yard setback in the C-3 Zoning District.
(4) Variance from Section 176.22-3D of the Marion Code of Ordinances to allow an off-premise sign less than the required 12 foot corner side yard setback in the C-3 zoning district.
ZBA Resolution No. 06-09 approving variance request.
ZBA Resolution No. 06-09 denying variance request.
ZBA Resolution No. 06-10 approving variance request.
ZBA Resolution No. 06-10 denying variance request.
ZBA Resolution No. 06-11 approving variance request.
ZBA Resolution No. 06-11 denying variance request.
ZBA Resolution No. 06-12 approving variance request.
ZBA Resolution No. 06-12 denying variance request.
All variance requests are related to the same property and created by the same request (placement of an off-premise sign). Staff presented the issues created by the request and the Zoning Board agreed to take comments relative to the variances requested one at time.
Treharne presented the staff report regarding the proposed placement of a sign adjacent to Blairs Ferry Road associated with Sires Bowling Pro Shop, 1065 Lyons Lane.
The petitioner, John Sires, spoke in favor of the request. Mr. Sires stated exposure to his site is limited because of its location off Blairs Ferry Road. Mr. Sires indicated that the sign would increase his exposure to those driving along Blairs Ferry Road and increase his business. He further stated his business was previously located on Blairs Ferry Road and moved to the Lyons Lane location. Since that move his business has suffered and people no longer know that he is in business and has only moved. Mr. Sires presented the Board a petition from customers that visited his business in support of the sign. He commented that people have had difficultly finding his business and the sign would make it easier to find.
Mr. Sire’s wife, Jan Sires spoke in favor of the request.
No one spoke in opposition to the request. There were no additional comments for or against the proposed request.
The public hearing was closed. There were a number of questions related to the sign asked of both staff and the petitioner. Specifically, the Board asked staff if there was a way to do one sign for the entire area. Staff indicated that this could be done as a shopping center sign however some signs would be required to be removed.
Motion by Gibson, seconded by Van Note to approve ZBA Resolution No. 06-09 to deny the variance request based on the fact that the hardship was self created and the petitioner knowingly moved his business and limited his own exposure to Blairs Ferry Road and that the request would go directly against basis for establishing the ordinance; to eliminate sign clutter thus not serving in the best interest of the public.
Roll Call:
Ayes: Kent, Barnes, Gibson, Van Note
Nays: None
Abstain: None
All “ayes” motion carried (4-0)
Motion by Gibson, seconded by Van Note to approve ZBA Resolution No. 06-10 to deny the variance request based on the fact that the hardship was self created and the petitioner knowingly moved his business and limited his own exposure to Blairs Ferry Road and that the request would go directly against basis for establishing the ordinance; to eliminate sign clutter, thus not serving in the best interest of the public.
Roll Call:
Ayes: Barnes, Kent, Gibson, Van Note
Nays: None
Abstain: None
All “ayes” motion carried (4-0)
Motion by Gibson, seconded by Van Note to approve ZBA Resolution No. 06-11 to deny the variance request based on the fact that the hardship was self created and the petitioner knowingly moved his business and limited his own exposure to Blairs Ferry Road and that the request would go directly against basis for establishing the ordinance; to allow adequate visual clearance at the intersection, thus not serving in the best interest of the public.
Roll Call:
Ayes: Kent, Barnes, Van Note, Gibson,
Nays: None
Abstain: None
All “ayes” motion carried (4-0)
Motion by Gibson, seconded by Barnes to approve ZBA Resolution No. 06-12 to deny the variance request based on the fact that the hardship was self created and the petitioner knowingly moved his business and limited his own exposure to Blairs Ferry Road and that the request would go directly against basis for establishing the ordinance; to allow adequate visual clearance at the intersection, thus not serving in the best interest of the public.
Roll Call:
Ayes: Van Note, Kent, Barnes, Gibson,
Nays: None
Abstain: None
All “ayes” motion carried (4-0)
6. ADJOURNMENT.
There being no additional business to come before the Zoning Board of Adjustment, the meeting was adjourned at 7:55 PM.
Respectfully Submitted
Gordon Gibson, Secretary