MINUTES
ZONING BOARD OF ADJUSTMENT
April 19, 2005

1. CALL TO ORDER.

 Chairmen Kent called the regular monthly meeting of the Marion Zoning Board of Adjustment to order at 7:00 PM.
 
2. ROLL CALL.

Members Present: Barnes, Gibson, Kent, and Van Note
Members Absent: Krigbaum
Staff Present:  Treharne

3. MINUTES –

Zoning Board of Adjustment – March 15, 2005.

Motion by Van Note, seconded by Gibson to approve the minutes from the March 15, 2005 meeting 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 April 19, 2005 Marion Zoning Board of Adjustment agenda.

Motion by Gibson, seconded by Barnes to receive and file all correspondence from applicants and staff reports regarding variance requests on the April 19, 2005 Marion Zoning Board of Adjustment agenda.

All “ayes” motion carried.

5. APPEALS -

a. L.L. Pelling Company, Inc., 3765 3rd Avenue, Marion, Iowa –Request for a Conditional Use pursuant to Section 176.27-2B(4) of the Marion Code of Ordinances to allow expansion of an asphalt production facility in an I-2, General Industrial Zoning District.

ZBA Resolution No. 05-3 approving conditional use request.
ZBA Resolution No. 05-3 denying conditional use request.

Treharne presented the staff report regarding the proposed conditional use request.  He stated that the Planning and Zoning recommended approval of the conditional use request subject to the following conditions:
1. Pile heights shall not exceed 30’ in height and clear travel isles must be maintained throughout the site for emergency vehicle response.

2. A fence or method of containment shall not be required at this time; however, if complaints are received by the City concerning materials being placed or falling onto adjacent properties, L.L. Pelling Co. and the Marion Planning and Development Department shall explore options for correction.

3. The expansion site shall be required to meet landscaping requirements of Section 176.43 of the Marion Landscaping and Screening Standards.  Specifically, the site shall provide a minimum of the following:

a. Nine (9) shade variety trees and eighteen (18) shrubs along 3rd Avenue outside of the required street right-of-way

b. The proposed site plan also indicates a 3’ high berm being located along the north property line and while not required, the berm should be constructed and integrated into the required landscaping along 3rd Avenue.

c. Landscaping shall be provided along the east and south perimeters of the proposed expansion area.

Chuck Finnigan, President, L.L. Pelling Co., explained the site and processes involved in the production of a finished product and explained that their will be additional truck traffic as a result of the expansion.

Motion by Gibson, seconded by Van Note, to approve ZBA Resolution No. 05-3 approving the conditional use request, subject to the conditions established by the Marion Planning and Zoning Commission based on the findings that asphalt production is not listed as either a permitted or conditional use in the I-2, General Industrial Zoning District, but is similar and compatible to uses allowed as permitted or conditional uses in this zoning district.

Roll Call:
Ayes: Gibson, Van Note, Kent, Barnes
Nays: None

All “ayes” motion carried.

6. ADJOURNMENT.

There being no additional business to come before the Commission, the meeting was adjourned at 7:45 PM.

Respectfully submitted,

Gordon R. Gibson, Secretary