MINUTES
ZONING BOARD OF ADJUSTMENT
March 21, 2006

1. CALL TO ORDER.

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

2. ROLL CALL.

Members Present:   Gibson, Sylvester, Kent, Van Note and Barnes
Members Absent: None
Staff Present:  Hockett, Treharne

3. MINUTES –

Zoning Board of Adjustment – February 21, 2006

Motion by Barnes, seconded by Van Note to approve the minutes of the February 21, 2006 meeting as presented.

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 March 21, 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 regarding variance requests on the March 21, 2006 Marion Zoning Board of Adjustment agenda.

All “ayes” motion carried.

5. APPEALS -

a. Andrew Palmer, 1085 Fairview Drive, Marion, Iowa – Requesting a variance from Section 176.10-3(D) of the Marion Code of Ordinances to allow less than the required 12 foot corner side yard setback for an attached garage in the R-2 zoning district.

ZBA Resolution No. 06-02 approving variance request.
ZBA Resolution No. 06-02 denying variance request.

Hockett presented the staff report regarding the proposed variance.  Hockett explained that the alternatives to site the garage are not desired as they could block the adjacent property owner’s visibility when backing out of the driveway.

Andrew Palmer, 172 Lynch Drive, Hiawatha stated that this is the only reasonable option for a garage on site that will not impact the neighbors.  Mr. Palmer submitted a petition circulated around to the immediate neighbors stating no opposition to the proposal.

Barnes agreed with the visibility concerns, but while not preferred, could be located meeting code in the rear of the lot.

Gibson stated if they don’t approve the variance the applicant still has options available to them to access the garage from 11th Street, but agreed that there were concerns placed on the visibility from the neighbor’s driveway onto the busy 11th Street.

Hockett read the criteria for review of a variance request.

Motion by Barnes to recommend approval of ZBA Resolution No. 06-02 approving variance request based on the need to protect the adjacent property owner from potential harm created by not approving the variance as requested as established in the criteria for review. Seconded by Van Note.

Ayes: Sylvester, Kent, Van Note and Barnes
Nays: Gibson

b. Michael, L.L. (Timberline Manufacturing, Inc.), 1050 Lyons Lane, Marion, Iowa – Requesting a variance from Section 176.22 to allow less than the required 15 foot setback when a lot abuts a residential district and a variance from Section 176.43-9A of the Marion Code of Ordinances to allow less than the required 15 foot rear landscape buffer yard for an addition to an existing building in the C-3 zoning district.

ZBA Resolution No. 06-03 approving variance request.
ZBA Resolution No. 06-03 denying variance request.

Hockett presented the staff report regarding the proposed Variance.  Hockett stated that the required buffer yard is designed to protect adjacent residential property from commercial uses; however, while the property is zoned residential behind the applicant’s property it is currently designated as Commercial on the Future Land Use Map.

Mike Johnson, owner, stated that by having to move the building to accommodate the required buffer yard that it will result in upgrade of production lines.

Gibson stated he could not see the property develop as residential behind these commercial uses.

Motion by Gibson, seconded by Van Note to approve ZBA Resolution No. 06-03 approving variance request, based on adequate hardship being established.

c. Church of Christ, 610 9th Avenue, Marion, Iowa – Requesting a variance from Section 176.11(C) of the Marion Code of Ordinances to allow less than the required 25 foot front yard setback for an addition to the principal structure in the R-3 zoning district.

ZBA Resolution No. 06-04 approving variance request.
ZBA Resolution No. 06-04 denying variance request.

Hockett presented the staff report regarding the proposed addition to the church.

Rich Toomsen, representing the Church of Christ, stated that currently the church has a restroom located in the basement and the elderly congregation members have difficulty going up and down the stairs.  He stated any other location for the expansion would result in the restrooms being located just off the main congregation hall which is not a desirable location.

Jane Brooks, 310 Pebble Lane Cedar Rapids, stated that she was in favor of the request.

Motion by Sylvester, seconded by Gibson to approve ZBA Resolution No. 06-04 approving variance request based on adequate hardship being demonstrated by the applicant.

All “ayes” motion carried.

6. ADJOURNMENT.

There being no additional business to come before the Board the meeting was adjourned at 7:56 PM.

Respectfully submitted,

Gordon Gibson, Secretary