AGENDA
ZONING BOARD OF ADJUSTMENT
October 16, 2007
 

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.

Present:   Gibson, Kent, Van Note and Barnes
Absent: Sylvester

3. MINUTES –

Zoning Board of Adjustment – August 21, 2007.

Motion by Barnes, seconded by Van Note to approve the August 21, 2007 minutes as submitted.

4. CONSENT CALENDAR.

a. Motion to receive and file all correspondence from applicants and staff reports regarding variance requests on the October 16, 2007 Marion Zoning Board of Adjustment agenda.

Motion by Gibson, seconded by Barnes.

All ayes - motion carried.

5. APPEALS -

a. Casey’s Marketing Company, 2020 7th Avenue, Marion, Iowa – Requesting a variance from Section 172.22-3E of the Marion Code of Ordinances to allow less than the required 15 foot rear yard setback for and addition to a commercial structure in C-3, General Commercial zoning district when it abuts a residential district.

ZBA Resolution No. 07-08 approving the variance request.
ZBA Resolution No. 07-08 denying the variance request.

Kaiser presented the staff report regarding the proposed variance request.  She stated that the addition would accommodate a proposed storage addition for the kitchen on the north side of the existing building. Kaiser stated that there is a 15 foot alley to the north of the site that separates the Casey’s property from the residential property to the north.

Barnes inquired if the alley comes into play in this situation.

Kaiser indicated that the setbacks are measured from the property line not the alley right-of-way.

Hockett indicated that this section of alley has not been used in many years as a result of the grade.

Gibson inquired if this would be a common variance along the right-of-way because of the shallow lots.

Hockett indicated that it could, but staff was looking at the idea of Overlay Districts that would place special zoning standards in targeted areas and that 7th Avenue would be one of these areas. He stated it is unknown at this time if the rear yard setbacks would be adjusted with the Overlay District but it will be discussed.

David Petersen, Garling Construction, Inc. stated that he was in favor of the request and indicated that this will offer very important storage space for kitchen in the store.

Don Schulz, 2015 8th Avenue, expressed concern regarding the setback measurement and distance from his property.

Kaiser explained the setbacks from garage corners.

There were no additional comments for or against the request.

Motion by Gibson, seconded by Barnes to approve ZBA Resolution No. 07-08 approving the variance request based on adequate hardship for building expansion being demonstrated by the applicant due to the shallow lots.

All “ayes”- motion carried.

6. ADJOURNMENT.

There being no additional business to come before the Zoning Board of Adjustment the meeting was adjourned at 7:46 PM.

Respectfully Submitted,

 

 

Gordon Gibson, Secretary.