MINUTES
ZONING BOARD OF ADJUSTMENT
October 17, 2006

 1. CALL TO ORDER.

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

2. ROLL CALL.

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

3. MINUTES –

Zoning Board of Adjustment – August 15, 2006

Motion by Gibson, seconded by Barnes to approve the August 15, 2006 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 October 17, 2006 Marion Zoning Board of Adjustment agenda.

Motion by Gibson seconded by Van Note to receive and file all correspondence.

All “ayes” motion carried.

5. APPEALS -

a. Allan and Lorrie Timmerman, 1108 6th Street, Marion, Iowa – Variance Section 176.32.10 of the Marion Code to allow a garage door less than the required 25 feet from the lot line it faces in the R-2, Medium Density, Single-Family Residential zoning district.

ZBA Resolution No. 06-13 approving variance request.
ZBA Resolution No. 06-13 denying variance request.

Gibson read the rules of procedure 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.

Allan Timmerman stated that he would like a decision made on his appeal tonight by the Board.

Staff presented the report regarding the proposed variance.  Hockett stated that the current garage is quite old and is located within the City owned right-of-way.  The existing garage would be removed and replaced with a new structure, which would have its garage doors 10’ from the existing property line.

Allan Timmerman stated that the existing garage has to be removed regardless of the decision tonight and that it is in very poor condition.  The new garage is proposed to be located where it is as the property has several conditions that would not allow it to be feasibly placed anywhere else on the property.  A kids play structure and a large tree are located in the back area that would prohibit the garage from being pushed further back on the lot.

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

Motion by Barnes, seconded by Van Note to approve ZBA Resolution No. 06-13 approving the variance request based on substantial hardship being determined due to the location of existing structures and tree located on the lot and the narrowness of the lot that would require a variance to construct the building in any reasonable manner.

All “ayes” motion carried.

b. Tom J. Neenan, 1414 8th Avenue, Marion, Iowa – Variance from Section 176.32-1B(2) of the Marion Code of Ordinances to allow less than the required 7 foot side yard setback for a detached accessory structure located between the side lot line and the principal structure in the R-5, Moderate Density, Multi-Family Residential zoning district.

ZBA Resolution No. 06-14 approving variance request.
ZBA Resolution No. 06-14 denying variance request.

Hockett presented the staff report regarding the proposed variance request.  Hockett stated that the lot is one of the smaller in town.  Staff stated that the garage would require a variance regardless of how it is placed on the lot and they have worked with the applicant to determine where the garage can be placed with the fewest variances from the Code.

Tom Neenan, 1414 8th Avenue, stated that the existing garage will be removed regardless of the decision from the Board tonight as it has been in disrepair for several years.  The new garage will be of standard size and constructed in a manner to blend with the neighborhood.

Richard Noska, 1375 8th Avenue, stated his support for the request, and that both the new garage and reconstructed porch will be a major improvement not only Mr. Neenan’s property, but the entire Pucker Street Historic District.

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

Barnes stated that it appears that this would be a great improvement and that the size of the lot with the size of the home makes it appear impossible to put the garage anywhere else on the property.

Gibson inquired if the drainage has been addressed.

Hockett stated that all roof drains would be required to be directed away from the adjacent properties.

Motion by Barnes, seconded by Gibson to approve ZBA Resolution No. 06-14 approving the variance request based on size and age of the lot and the inability to place the garage anywhere on the property without a variance having to be sought.

All “ayes” motion carried.

c. Tom J. Neenan, 1414 8th Avenue, Marion, Iowa – Variance from Section 176.13-3E of the Marion Code of Ordinances to allow less than the required 15 foot rear yard setback for an addition to the principal structure in the R-5 zoning district.

ZBA Resolution No. 06-15 approving variance request.
ZBA Resolution No. 06-15 denying variance request.

Motion by Barnes, seconded by Gibson for approval of ZBA Resolution No. 06-14 approving variance request, based on size and age of the lot.

All “ayes” motion carried.

6. ADJOURNMENT.

There being no additional business to come before the Board, the meeting was adjourned at 8:15 PM.

Respectfully submitted

Gordon Gibson, Secretary.