MINUTES
ZONING BOARD OF ADJUSTMENT
April 18, 2006

1. CALL TO ORDER.

Chairman Kent called the regular monthly meeting of the Marion Zoning Board of Adjustment to order at 7:00PM.

2. ROLL CALL.

Members Present: Kent, Sylvester, Barnes, Van Note
Members Absent: Gibson
Staff Present: Hockett, Treharne

3. MINUTES –

Zoning Board of Adjustment – March 21, 2006

Motion by Sylvester, seconded by Van Note, to approve the March 21, 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 April18, 2006 Marion Zoning Board of Adjustment agenda.

Motion by Barnes, seconded by Van Note, to receive and file all correspondence and staff reports.

All “ayes” motion carried.

5. APPEALS -

a. Chad C. Sheets, owner, 1373 9th Street, Marion, Iowa – Requesting a variance from Section 176.11-3(C) of the Marion Code of Ordinances to allow less than the required 25 foot front yard setback for a deck in the R-3 zoning district.

ZBA Resolution No. 06-05 approving variance request.
ZBA Resolution No. 06-05 denying variance request.

Kent explained to the applicant since less than five members of the Board were present, the applicant could request action be tabled for one month noting that he needs three “yes” votes for approval.

Chad Sheets, requested action on his request at this meeting.

Hockett presented the proposed variance request and stated that the applicant is applying for the variance to construct a deck landing to replace existing stairs on the front of his house.  He stated that at the present time, there are only steps and this does not allow the storm door to open safely while a person is standing on the steps.

There were no additional comments for or against the proposed request.

Motion by Sylvester, seconded by Barnes to approve ZBA Resolution No. 06-05 approving variance request.

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

b. Eugene Nassif, owner, 1215 Blairs Ferry Road, Marion, Iowa – Requesting a variance from Section 176.43-9(B) to allow less than the required side 15 feet landscape buffer yard for a new office building in the C-3 zoning district.

ZBA Resolution No. 06-06 approving variance request.
ZBA Resolution No. 06-06 denying variance request.

Kent explained to the applicant since less than 5 members of the  Board were present, the applicant could request action be tabled for one month noting that he needs 3 yes votes for approval.

Mike Esker, Coldwell-Banker representing Eugene Nassif, requested action on his request at this meeting.

Hockett presented the staff report regarding the proposed request.  Hockett explained that a 15 foot landscape buffer is required along a portion of the west property line.  He stated the applicant is satisfying this requirement for all but 50 feet because of the proposed driveway access.  Hockett stated the applicant is not seeking a variance on the number of plantings, but was looking to reduce the area into which these plantings are required from the 15 feet to 5 feet.

Mike Esker stated his support of the variance and that the applicant will meet the spirit of the ordinance and the required amount of landscaping, but cannot provide the required 15 feet.

Kim Schmidt, Rowe Lane SE, Cedar Rapids, stated that he was in favor of the proposed variance request by the applicants.

There were no additional comments for or against the proposed request.

Motion by Sylvester, seconded by Van Note, to approve ZBA Resolution No. 06-06 approving variance request.

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

6. ADJOURNMENT.

There being not additional business to come before the Zoning Board of Adjustment the meeting was adjourned at 8:03 PM.

Respectfully Submitted,

Gordon Gibson, Secretary