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Meeting Minutes
3/10/2009

March 10, 2009

 

 

          Minutes of Board of Zoning Hearings for Michael Staudt to rezone 3.21 acres of property located in the Northeast Quarter of Section 23, Township 96 North, Range 17 West, Rudd Township, Floyd County, Iowa, from AG to R-1, and for Jason Parcher to rezone 0.20 acres of property located at 1974 Hwy 18 in the Northeast Quarter of Section 22, Township 96 North, Range 17 West, Rudd Township, Floyd County, Iowa, from AG to C-1.

 

            Board members present were Thomas Schwab, Duane Koch, Dean Tjaden, and Michael Goddard.  Also present was Jeff Sherman-Administrator.  Roll call of Board members was taken and four (4) of the (5) members were present, with Board member Susan Nelson being absent.    

 

Michael Staudt’s application comes before the Board for a hearing to rezone 3.21 acres of property located in the Northeast Quarter of Section 23, Township 96 North, Range 17 West, Rudd Township, Floyd County, Iowa, from AG to R-1 for the purpose of building a new home.  Applicant Michael Staudt was present for the Hearing.  Board Member Thomas Schwab brought it to the Board’s attention that he had concerns prior to the Hearing about the fact that Applicant Michael Staudt was not the title holder of the subject property.  In checking with the Zoning Ordinance, Board Member Schwab discovered a provision that states that either the owner or lessee must verify that the information in the application is correct.  Board Member Schwab spoke with the owner of the property, Leo Staudt, and Administrator Jeff Sherman about his concerns.  He suggested that a Deed from the owner to the applicant be prepared in order to have a viable paper trail between the parties.  Applicant Staudt did provide a sufficient Deed at the time of Hearing in accordance with Board Member Schwab’s request.  Applicant Staudt was asked to give a presentation as to why he wants to rezone the subject property to R-1.  Applicant Staudt stated that he wanted to build a new house and a couple of outbuildings.  Discussion was had concerning the location of the subject property.  Discussion was had concerning the number of acres to be rezoned and it was determined that 3.21 acres is the total amount of acres that would be rezoned.  Board Member Schwab advised Applicant Staudt that there is an AG rule that would limit the number of animals he would be allowed to have on the property because the subject property is less than ten (10) acres in size.  Applicant Staudt was also advised that this split would constitute the first split and that two (2) subsequent splits in the future would make him subject to the County’s Subdivision requirements.

 

There were no additional parties present or any letters in support of or against the zoning change.

 

A motion was made to approve the application to rezone 3.21 acres of property located in the Northeast Quarter of Section 23, Township 96 North, Range 17 West, Rudd Township, Floyd County, Iowa, from AG to R-1 for the purpose of building a new home by Duane Koch and was seconded by Dean Tjaden.  Roll call vote was taken and the application was unanimously approved.

 

Chair closed the hearing.

 

Jason Parcher’s application comes before the Board for a hearing to rezone 0.20 acres of property located at 1974 Hwy 18 in the Northeast Quarter of Section 22, Township 96 North, Range 17 West, Rudd Township, Floyd County, Iowa, from AG to C-1 for the purpose of starting a firearm and taxidermy business.  Applicant Parcher and his brother, Nick Parcher, were present for the Hearing.  Board Member Thomas Schwab advised the Board that he had some preliminary discussions with Applicant Parcher about the subject property and the zoning process.  He stated that he has not formed any opinions, but wanted to advise the Board of the contact between himself and the applicant.  Discussion was had concerning whether or not this would constitute a split and if so, would it be the first or second split.  Prior to Applicant Parcher obtaining the subject property from the previous owner, Leo Staudt, the subject property was split off into Parcel A which would constitute a first split.  However, Board Member Schwab was under the impression that this Parcel A came about when the property was conveyed to the State of Iowa when the Avenue of the Saints was being built and that this Parcel A was created for the purpose of having a place for spoil.  This would make the split exempt as it was done by the Government or for the purpose of conveying the Parcel to the Government.  However, Zoning Assistant, Misty Norton, checked with the Floyd County Recorder and it appeared that Leo Staudt must have conveyed the property to the State in 1996.  However, Parcel A was not surveyed until 2005 and Leo Staudt appeared to be the owner of the Parcel at the time of the survey.  The recorder’s office did not have a Deed from the State back to Leo Staudt, which left a little confusion as to the chain of events surrounding the subject property.  Board Member Schwab spoke with Leo Staudt during the Zoning Hearings that occurred before the Board of Supervisors after the Hearings before the Zoning Commission.  Leo Staudt confirmed that he leased the subject property to the State, he did not sell it.  Therefore, since Leo Staudt was the true title holder of the subject property at the time Parcel A was surveyed, it would in fact be considered the first split.  However, Board Member Schwab is under the opinion that this 0.20 acres would not be considered a second split because the rezoning of this small parcel is a requirement by the Government in order for Applicant Parcher to obtain his firearms sales license, making it exempt under the Government exemption.  Additionally, this parcel is not being conveyed to another party nor would it at anytime in the near future.  Discussion was had concerning whether or not a house would be built on this property and it was determined that a house would be built at a later time.  Discussion was also held concerning the driveway and the necessity of an easement between Jason Parcher and Leo Staudt for the development of that driveway.  Applicant Parcher stated that the driveway off of the Avenue would be the driveway for the business and that he had had discussions with Leo Staudt concerning same.  Applicant Parcher stated as long as he did not plant any trees or use asphalt, Leo Staudt had no objections to the driveway.  Applicant Parcher and Leo Staudt discussed how much land Applicant Parcher would be allowed to use for his driveway.  Board Member Schwab advised Applicant Staudt that he should reduce this agreement to writing and have it recorded.  Board Member Schwab also advised Applicant Parcher of Floyd County’s Subdivision requirements and that if he were to split this parcel two (2) more times, he would be subject to said requirements.  Discussion was also had concerning the amount of acres to be rezoned and it was determined that 0.20 acres is the amount of acres to be rezoned.

 

There were no additional parties present or any letters in support of or against the zoning change.

 

A motion was made to approve the application to rezone 0.20  acres of property located at 1974 Hwy 18 in the Northeast Quarter of Section 22, Township 96 North, Range 17 West, Rudd Township, Floyd County, Iowa, from AG to C-1 for the purpose of starting a firearm and taxidermy business by Dean Tjaden and was seconded by Duane Koch.  Roll call vote was taken and the application was unanimously approved.

 

Motion to adjourn.

 

 

Zoning Administrator

 

 

Jeff D. Sherman

 

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