MINUTES
ZONING BOARD OF ADJUSTMENT
July 19, 2005
 

1. CALL TO ORDER.

Monthly meeting of the Marion Zoning Board of Adjustment was called to order at 7:00PM by Chairman Kent.

2. ROLL CALL.

Ayes:  Gibson, Kent, Van Note, Barnes, Krigbaum
Nays:  None

3. MINUTES –

Zoning Board of Adjustment – June 14, 2005.

Motion by Gibson, seconded by Van Note to approve the minutes from the June 14, 2005 Zoning Board of Adjustment meeting.

Roll Call:
Ayes:  Gibson, Kent, Van Note and Barnes
Nays:  None.
Abstain: Krigbaum

4. CONSENT CALENDAR.

a. Motion to receive and file all correspondence from applicants and staff reports regarding variance requests on the July 19, 2005 Marion Zoning Board of Adjustment agenda.

Motion by Barnes, seconded by Krigbaum to receive and file all correspondence.

All “ayes” motion carried.

5. APPEALS -

a. Donald and Lynda Mahan, 1005 W. 9th Avenue, Marion, Iowa – Request for a variance from Section 176.35-8(C) of the Marion Code of Ordinances to allow a deck to encroach more than five (5) feet into the required front yard setback.
 
ZBA Resolution No. 05-9 approving variance request.
ZBA Resolution No. 05-9 denying variance request.

Hockett presented the variance request stating that the deck as proposed would result in a variance of three (3) feet.

Donald Mahan, 1005 9th Avenue, stated that due to limited rear yard the deck would be better suited in the front yard of the property.  He stated that several properties in the neighborhood had decks in excess of five feet.

Barnes stated that there did appear to be some decks within the neighborhood in the required front yard setback.

Motion by Barnes, seconded by Krigbaum to approve ZBA Resolution No. 05-9 approving variance request based on a find that the request is compatible with other deck setbacks in the neighborhood.

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

All “ayes” motion carried.

b. Michael Stark, 401 8th Avenue, Marion, Iowa – Request for a variance from Section 176.13-3(D) of the Marion Code of Ordinances to allow less than the required seven (7) foot side yard setback for a carport

ZBA Resolution No. 05-10 approving variance request.
ZBA Resolution No. 05-10 denying variance request.

Hockett presented the staff report regarding the proposed variance and provided additional details regarding the proposed site plan.  Hockett stated that the neighbor at 379 8th Avenue to the west of the applicant submitted a letter in support of the variance request.

Mike Stark, 401 8th Avenue stated that the existing garage would require removal regardless of the Board’s decision due to its condition.  The new carport would be located over the existing driveway.

The Board requested clarification of the proposed site plan and setbacks proposed.

Mike Stark clarified the setbacks proposed and the additional shed to be attached to the structure.

Motion by Barnes, seconded by Krigbaum to approve ZBA Resolution No. 05-10 approving variance request based on a finding that strict conformance with the standards of the Marion Code of Ordinances would result in undue hardships for the property owner.

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

6. ADJOURNMENT.

There being no additional business to come before the Marion Zoning Board of Adjustment, the meeting was adjourned at 8:03 PM.

Respectfully submitted,

Gordon Gibson, Secretary