MINUTES
ZONING BOARD OF ADJUSTMENT
September 20, 2005

1. CALL TO ORDER.

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

2. ROLL CALL.

Members Present: Gibson, Krigbaum, Van Note
Members Absent: Kent, Barnes

3. MINUTES –

Zoning Board of Adjustment – September 6, 2005.

Motion by Krigbaum, seconded by Van Note to approve the minutes from the September 6, 2005 special meeting of the Marion Zoning Board of Adjustment as submitted.

All “ayes” motion carried.

Secretary Gibson read the rules regarding action by the Marion Zoning Board of Adjustment when less than five members are present and that the applicant may request his application be tabled for one month to be considered before the entire Board as three yes votes are required for approval of the request.

Tom Casey, Hometown Restyling, representing the applicant stated that they would like a decision made on the appeal tonight.

4. CONSENT CALENDAR.

a. Motion to receive and file all correspondence from applicant and staff reports regarding variance requests on the September 20, 2005 Marion Zoning Board of Adjustment agenda.

Motion by Krigbaum, seconded by Van Note to receive and file all correspondence related to items on September 20, 2005 Marion Zoning Board of Adjustment agenda.

All “ayes” motion carried

5. APPEALS -

a. Leland E. Regal, 382 6th Avenue, 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 an enclosed porch in the R-3 zoning district.

ZBA Resolution No. 05-12 approving variance request.
ZBA Resolution No. 05-12 denying variance request.

Hockett presented the staff report regarding the proposed variance request and stated that the variance is for a reduction of the required front yard setback from 25 feet to 21 feet, a variance of 4 feet.  Upon review of the immediate neighborhood it appeared many homes were into the 25 foot setback varying amounts as many of the structures appeared to be constructed prior to the adoption of the Zoning Ordinance.  Staff had received no correspondence from adjacent property owners.

Tom Casey, Hometown Restyling, representing the applicant stated that they will not be enlarging the footprint of the structure only enclosing the existing porch that at some time in the past had already been partially enclosed.  He stated that a three-season enclosure system will be installed and the wooden porch floor replaced with concrete slab.

There being no additional comments for or against the request, the public hearing was closed at 7:09 PM.

Motion by Krigbaum, seconded by Van Note to approve ZBA Resolution No. 05-12 approving variance request based on the age of the neighborhood and that encroachment into the setback will be consistent with the neighborhood setbacks.

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

All “ayes” motion carried.

6. ADJOURNMENT.

Their being no additional business to come before the Board, the meeting was adjourned at 7:14 PM.

Respectfully submitted,

Gordon R. Gibson, Secretary