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Meeting Minutes
7/20/2010

 

 

July 20, 2010

 

          Minutes of Board of Adjusters’ Hearing for (1) a request by Judy Weaver to have a retail sales store selling herbal supplements, hygiene & personal care products, and cleaning products on her property located at 1935 – 120th Street in the SW¼ of Section 27, Township 97 North, Range 17 West of the 5th P.M.; (2) a request by Allied Manatts Group, L.L.C. to expand an existing quarry to include Parcel #070930000600 & 070930000800 located in the SW¼ of Section 9, Township 96 North, Range 16 West of the 5th P.M., and to bring existing quarries into compliance with Floyd County Zoning Regulations which include Parcel #052830001000 located in the SW¼ of Section 28, Township 96 North, Range 18 West of the 5th P.M., Parcel #071625100200 & 071625100300 located in the NE¼ of Section 16, Township 96 North, Range 16 West of the 5th P.M., Parcel #091513100100 located at 803 – 1st Street SW in the NW¼ of Section 15, Township 95 North, Range 18 West of the 5th P.M., Parcel #122340000500 located in the SE¼ of Section 23, Township 95 North, Range 15 West of the 5th P.M., and Parcel #070820000300 located at 1435 Quarry Avenue in the NE¼ of Section 8, Township 96 North, Range 16 West of the 5th P.M.; (3) a request by Kenneth Rowley to have an existing carpet sales business on his property located at 1241 Underwood Ave in the NE¼ of Section 32, Township 97 North, Range 15 West of 5th P.M.; (4) a request by Patrick & Sabrina Baltes to have an existing repair business on their property located at 2715 Foothill Ave in the NE¼ of Section 14, Township 94 North, Range 18 West of the 5th P.M.; (5) a request by Caroline Jung d/b/a Sweet C’s to have a retail & gift shop on her property located at 2030 Hwy 18 in the NW¼ of Section 23, Township 96 North, Range 17 West 5th P.M.; and (6) a request by John & Arlene Hoover to have an existing greenhouse on their property located at 1085 Hwy 218 in the SE¼ of Section 21, Township 97 North, Range 16 West of the 5th P.M.

 

Board members present were John Gohr, Ron Muff, Bill Fluhrer, and Ann Sullivan.  Also present was Jeff Sherman, Zoning Administrator, and Misty Day, Assistant Zoning Administrator.  Roll call of Board members was taken and four (4) of the (5) members were present with Dennis Staudt being absent.

 

            Applicant Judy Weaver was present for the 1st hearing.  Applicant Weaver stated that she is making a request to have an in home retail sales business and that she was advised that she should check with the County to see if there were any requirements she would need to follow and the County advised her that her business would be subject to the approval of the Board of Adjustment.  Board Member John Gohr inquired as to whether this would be an in home business either in her home or in an adjacent building on her property and it was determined that it would be within Mrs. Weaver’s home where she has a room that would be set up as a display area showing the products she has for sale.  Chair Ann Sullivan inquired as to whether Mrs. Weaver was aware of the Iowa Department of Inspection and Appeals’ requirements that (1) if the supplement makes a claim (i.e. It claims that if you take this everyday you will become muscular) it must be backed up with scientific proof/facts/information; (2) the ingredients must be labeled, along with potency; and (3) if the supplement claim is too good to be true (i.e.  If you take this everyday it will cure your cancer), the Department recommends not selling that product.  It was determined that Mrs. Weaver was aware of those regulations and that she will not be marketing her own products.  Mrs. Weaver stated that everything she receives should be labeled and accompanied with information for each product.

 

No letters or calls in support of or against this conditional use request were received by the Zoning Department, nor was anyone present. 

           

            A motion to approve the application for a retail sales store selling herbal supplements, hygiene & personal care products, and cleaning products at 1935 – 120th Street located in the SW¼ of Section 27, Township 97 North, Range 17 West of the 5th P.M., was made by John Gohr and was seconded by Ron Muff.  Roll call vote was taken and the application was unanimously approved. 

 

Jim Dohlman and Gary Veeter were present on behalf of Applicant Allied Manatts Group, LLC, for the 2nd hearing.  It was determined that Allied Manatts would address each of the six (6) quarries separately.  The 1st quarry hereinafter referred to as Parcel 1 is known as the Warnholtz Quarry and includes Parcel #070930000600 & 070930000800 located in the SW¼ of Section 9, Township 96 North, Range 16 West of the 5th P.M.  A map identifying these parcels was given to the Board of Adjustment by Assistant Day.  Mr. Dohlman provided a copy of Allied Manatts’ licenses and permits for the subject quarry.  Mr. Dohlman stated that they are making this request to expand their Warnholtz Quarry and that the other quarries are areas where they are already mining on, but somewhere along the line all of the proper paperwork was not completed so they are trying to bring those into compliance with the County Zoning Ordinance.  Mr. Dohlman also stated that they will not be doing anything differently then what they have been doing in the past and all of the quarry entrances, stock pile areas, and blasting walls will all be the same as in the past.  Gary Veeter added that the Warnholtz quarry is their main quarry, they have added two parcels that they bought from Paul Nauman who is still their neighbor, and it is probably the most important quarry to Floyd County.  The Board inquired as to which parcels were being added to the Warnholtz quarry and Mr. Dohlman identified Parcel #070930000600 & 070930000800 on the map, as well as which parcels are included in the existing quarry.  Mr. Dohlman stated that the 50 acre timber parcel was purchased by Allied three (3) years ago and the 22 acre parcel was just purchased last year, and that Mr. Nauman kept the 11 acre parcel in the corner.  The Board inquired as to whether this was sand and it was determined that it is limestone.  Mr. Dohlman also stated that they have already stripped back to the tree line and that they have not taken all of the material yet, but they have taken the top soil as well as some of the upper benches.  Mr. Dohlman also stated that this request is in preparation for the future and that they use about an acre a year on average and this is long term planning to make sure they have a place to mine in the future.  Their initial intent would be to use up the field as the timber has ravines that lead down to the river so that would be an area that they would look at mining at the very end.  Board Member Bill Fluhrer inquired as to whether the stripping of the trees would create a runoff problem to the river.  It was determined that Allied birms everything they strip so the water runs back into the hole, the hole is pumped out and they monitor what is discharged back into the river along with the DNR.  Mr. Dohlman stated that the runoff would actually be less when they mined this area because the runoff would go back into the quarry before being pumped to the river.  The Board inquired as to whether this area would be reclaimed when the mining was done.  It was determined that it would be as Allied has a bond they are required to carry for reclamation of quarries as part of their mining license, which means that after a quarry has been reclaimed the State would come and inspect the quarry to make sure it is done to their satisfaction, upon which time the mining license would be turned back in and Allied can get rid of the bond.  Mr. Dohlman stated that they have already gone through the reclamation process with a couple of other quarries.  The hearing was opened up to the audience for comments.  Mr. Lyle Wendland spoke concerning the conservation of the timber and his understanding that the timber was purchased with the idea of keeping a buffer and keeping any neighbors and houses along the bluff.  Mr. Wendland also asked that Allied look into a conservation easement that would keep the timber in conservation and which may be a tax benefit for the corporation, although this would be something Allied would need to look into.  Mr. Wendland also inquired as to whether reclamation was just filling the hole back in with dirt and other material.  It was determined that the reclamation of a quarry involves the filling in of the edges so that vegetation can grow, leaving a steep bank to the bottom.  Mr. Wendland inquired as to whether this bank would be steep enough to kill or seriously injure a trespasser who may not know the quarry was there.  It was determined that Allied is regulated now so as not to have anyone who is not properly trained on the property and safety is something the State will look at before they give their release and although it will be a steep slope it will not be a sheer drop off.  Mr. Wendland further stated that he has no objections, he just wanted his concerns about the buffer along the river being an asset for the people who lived here to be known and how he does not want to see it destroyed, however, it sounded as though Allied needed to keep the timber there as a way to keep the water out of the quarry and that it would be nice if they could work with the DNR regarding the installation of wing dams to further improve the Cedar River.  Board Member Fluhrer inquired as to whether there were any plans to take all of the timber out.  Mr. Dohlman stated that they would not be able to take out all of the timber because they need to leave a buffer between the river and the quarry to keep water out of the quarry and to keep the blasting noise and dust contained within the quarry, and that it would be 40 or 50 years before they would even need to come into the timber area.  Mr. Dohlman also stated that the buffer between the river and their existing quarry is currently 300 to 400 feet wide.  It was also determined that the buffer zone is regulated by the DNR and the DNR requires a minimum of 50 feet of buffer.  Mr. Dohlman stated that it would not even be feasible to keep a minimum buffer of 50 feet because you would not be able to hold up a 50 foot wall of rock with that, because by the time you have 50 to 70 feet on top you are going to be 400 feet wide on the bottom.  Lee Zimmer also spoke regarding his concerns about the blue heron rookery located in the timber of the subject property and whether Allied has been in contact with the DNR concerning this, and whether this rookery would be safe in addition to whether Allied checked on any endangered species, plants or flowers that may be located in this timber.  Mr. Veeter stated that as far as he knows, Allied has not checked on these things.  Laura Elfers with the Floyd County Conservation added that these were some of the concerns she had as well, and explained that a rookery is a large nesting area within large oak or cotton wood trees along the river bank and that there could be huge tax advantages if a conservation easement were established.  Mr. Dohlman stated that he is not sure where the rookery is located on the property as he has never seen it himself.  Mr. Zimmer pointed it out on the map for Mr. Dohlman.  Lawrence Squier provided a letter to the Board on behalf of himself and Dolores Roberts whose property extends across the river to include a small area adjacent to the proposed quarry.  Ms. Roberts’ concerns outlined in the letter included the increased sound they would experience if the quarry expanded and the increased rattling of windows and dishes they currently experience, as well as the impact it could have on property value and overall enjoyment of their property.  Gary Molites with G&G Partnership reiterated Mr. Wendland’s and Mr. Zimmer’s concerns and stated that the rookeries do change and move in location and if Allied does not plan to even move into this area for another 40 to 50 years there is a chance the rookery may not even be there anymore, but he just wants Allied to be aware that it is there now.  The Board inquired as to how far Allied will go into the woods.  Mr. Veeter stated that Allied purchased this property more as a way to prevent development from taking place in this area and to secure a spot for the future and reiterated the need to keep a buffer between the quarry and the river to keep water out as it is extremely costly to replace equipment if the quarry were to flood and those are definitely things Allied does not want to see happen.  Mr. Zimmer stated that he would really like to see an acre or two put into a conservation easement for people to enjoy.  Mr. Veeter and Mr. Dohlman stated that they are so heavily regulated that they could not just open up their land for recreation in case any accidents were to ever happen.  Ms. Elfers clarified what a conservation easement is by stating that it is merely an agreement saying that certain things will not be allowed on that land or area in order to protect what is there now, but that the land would still be Allied’s land and no one could just enter onto the conservation easement area without Allied’s permission because they are still the owners of that land.  Ron Hornseth also spoke concerning the tree buffer along the river and asked for clarification as to where they will be mining.  Mr. Dohlman indentified the area for Mr. Hornseth.  The Board inquired as to whether a stipulation stating that Allied can not go within 100 feet of the river or 100 feet of the rookery would satisfy the neighbors’ concerns.  Mr. Molites with G&G stated that he does not feel a stipulation would be necessary, they just want Allied to be aware of these concerns and act accordingly.  Additionally, Mr. Molites stated that the end result after the quarry is reclaimed would leave more of a conservation area then if it were just left as a crop field, because the vegetation would be allowed to grow back versus it being plowed for crops. Lawrence Squier spoke in opposition of the quarry by stating he has a son and grandson who will eventually own their property and he is concerned their enjoyment of the property would be affected by the expansion of the quarry.

 

Lyle Wendland and Lee Zimmer stopped in the office of the Planning & Zoning office and expressed the same concerns they spoke of during the hearing.  No other letters or calls in support of or against this conditional use request were received by the Zoning Department. 

 

            A motion to approve the application for mineral extraction for Parcel #070930000600 & 070930000800 located in the SW¼ of Section 9, Township 96 North, Range 16 West of the 5th P.M.,   was made by John Gohr and was seconded by Bill Fluhrer.  Roll call vote was taken and the application was unanimously approved.

 

Discussion moved into the 2nd quarry hereinafter known as Parcel 2, which includes Parcel #052830001000 located in the SW¼ of Section 28, Township 96 North, Range 18 West of the 5th P.M.  A map was provided to the Board Members by Assistant Day.  Mr. Dohlman stated that this property was purchased several years ago from the Howe family and that they used to be located on the West side of the road and continued mining to the East and somewhere along the line something happened to the paperwork or a conditional use permit was never applied for, but they do not plan to do anything different then they have done in the past, they have relocated their driveway to the East side of the road and they are continuing their mining on this parcel.  Jim Howe on behalf of Bernadine Howe and Attorney Roger Sutton on behalf of JMW Farms called the Planning & Zoning office and inquired as to what Allied was doing and how far from the property lines they would be but who otherwise had no objections.  No other letters or calls in support of or against this conditional use request were received by the Zoning Department. 

 

            A motion to approve the application for mineral extraction for Parcel #052830001000 located in the SW¼ of Section 28, Township 96 North, Range 18 West of the 5th P.M., was made by Bill Fluhrer and was seconded by Ron Muff.  Roll call vote was taken and the application was unanimously approved.

 

            Discussion moved into the 3rd quarry hereinafter known as Parcel 3, which includes Parcel #070820000300 located at 1435 Quarry Avenue in the NE¼ of Section 8, Township 96 North, Range 16 West of the 5th P.M.  A map was provided to the Board Members by Assistant Day.  Upon Mr. Dohlman reviewing the map it was determined that this parcel was misidentified and should not be included in the conditional use request.  The request for mineral extraction at 1435 Quarry Avenue was withdrawn.

 

            Discussion moved into the 4th quarry hereinafter known as Parcel 4, which includes Parcel #071625100200 & 071625100300 located in the NE¼ of Section 16, Township 96 North, Range 16 West of the 5th P.M.  A map was provided to the Board Members by Assistant Day.  Mr. Dohlman stated that the property located just South of this parcel is their old original quarry located within the City limits of Floyd and again these two parcels did not have any paperwork showing that they went through a conditional use hearing and Allied is just trying to clean up the paperwork.  It is currently all mined out and is just a stock pile area.  No letters or calls in support of or against this conditional use request were received by the Zoning Department. 

 

            A motion to approve the application for mineral extraction for Parcel #071625100200 & 071625100300 located in the NE¼ of Section 16, Township 96 North, Range 16 West of the 5th P.M., was made by Ron Muff and was seconded by John Gohr.  Roll call vote was taken and the application was unanimously approved.

 

            Discussion moved into the 5th quarry hereinafter known as Parcel 5, which includes Parcel #091513100100 located at 803 – 1st Street SW in the NW¼ of Section 15, Township 95 North, Range 18 West of the 5th P.M.  A map was provided to the Board Members by Assistant Day.  Mr. Dohlman stated that it has been there for 22 years and again Allied is just getting their paperwork into compliance.  Dustin Brokel, Ed Harris, Dale Stern, and John Pearson called to inquire as to what Allied was doing, but who had no objections.  No other letters or calls in support of or against this conditional use request were received by the Zoning Department. 

 

            A motion to approve the application for mineral extraction for Parcel #091513100100 located at 803 – 1st Street SW in the NW¼ of Section 15, Township 95 North, Range 18 West of the 5th P.M., was made by Bill Fluhrer and was seconded by Ron Muff.  Roll call vote was taken and the application was unanimously approved.

 

            Discussion moved into the 6th and final quarry hereinafter known as Parcel 6, which includes Parcel #122340000500 located in the SE¼ of Section 23, Township 95 North, Range 15 West of the 5th P.M.  A map was provided to the Board Members by Assistant Day.  Mr. Dohlman stated that this piece was purchased as an addition to the Bunn Quarry, which is currently leased by Allied right now.  Once again it is for future use, and once the Bunn Quarry is mined out they will move to this quarry.  Jill Leech was present for the hearing but had to leave early and left a list of questions including, Can they blast deeper into existing quarry?  Mr. Dohlman responded that yes they could as there is still material available at this quarry.  Will it bring her property value down?  Mr. Dohlman stated that it would not necessarily bring the property value down, and that they do have a quarry next to a subdivision and you can get a realtor that would say yes it would and another who would say no it would not.  The birms and vegetation are also in place to help hide the quarry from view and minimize dust and noise from the quarry.  Will noise and dust be a problem?  Again, birms and vegetation would minimize this and the driveway to the existing quarry would be utilized so no new driveways will be added.  Other concerns of Ms. Leech include damage to foundation of her home from repeated blasts, danger to her two children from increased truck traffic, and that she lived by a quarry her whole life and built a house to not be by one now.  A call was received by Steve Bunn inquiring as to what Allied was doing, but who had no objections.  No other letters or calls in support of or against this conditional use request were received by the Zoning Department. 

 

            A motion to approve the application for mineral extraction for Parcel #122340000500 located in the SE¼ of Section 23, Township 95 North, Range 15 West of the 5th P.M., was made by John Gohr and was seconded by Bill Fluhrer.  Roll call vote was taken and the application was unanimously approved.

 

            Mr. Barry Kelly was available on behalf of Applicant Kenneth Rowley for the 3rd hearing.  Mr. Kelly stated that he is Applicant Rowley’s son-in-law and Applicant Rowley’s wife passed away last November.  Mr. Kelly stated that Applicant Rowley has had a carpet business at his home for 25 years which consists of a showroom in his garage.  Board Member Gohr inquired as to whether this was one of the businesses the County was trying to bring into compliance and it was determined that it was.  No letters or calls in support of or against this conditional use request were received by the Zoning Department. 

 

            A motion to approve the application to have an existing carpet sales business at 1241 Underwood Ave in the NE¼ of Section 32, Township 97 North, Range 15 West of 5th P.M., was made by John Gohr and was seconded by Ron Muff.  Roll call vote was taken and the application was unanimously approved.

 

            Applicants Patrick & Sabrina Baltes were not present for the 4th hearing so the Board of Adjustment moved to the 5th hearing and Applicant Caroline Jung d/b/a Sweet C’s was present for same.  Mrs. Jung stated that her business was established in 2007 and was operated out of Mason City, Iowa.  She moved it to her property on April 30th and 75% of the business does commercial vending for fairs and festivals and the other 25% operates from her property.  Board Member Fluhrer inquired as to whether this was operated out of her house and it was determined that it is operated out of the pole building located on the property.  Board Member Gohr inquired as to whether she uses 25% of the building for her business and Mrs. Jung clarified that no, 25% of the business activity operates out of this building, which includes an office, storage of her inventory, and very light retail work for her customers.  The business also offers safety apparel for police officers, EMTs, etc, but it is mainly used for storage of inventory.  She is hoping that someday the business will grow and she will have more retail traffic.  No letters or calls in support of or against this conditional use request were received by the Zoning Department. 

 

            A motion to approve the application to have a retail & gift shop at 2030 Hwy 18 in the NW¼ of Section 23, Township 96 North, Range 17 West 5th P.M., was made by Bill Fluhrer and was seconded by John Gohr.  Roll call vote was taken and the application was unanimously approved.

 

            Applicants John & Arlene Hoover were present for the 6th hearing.  Mr. Hoover stated that they have a greenhouse on their property and they sell vegetables, plants & flowers during the spring and they are open from the end of April until the beginning of June, as well as a couple of weeks during the fall.  They have operated their greenhouse for 7 years and were unaware they had to go through this process.  Applicant Gohr inquired as to whether this was an existing business they were just trying to get into compliance and it was determined that it was.  No letters or calls in support of or against this conditional use request were received by the Zoning Department. 

 

            A motion to approve the application to have an existing greenhouse at 1085 Hwy 218 in the SE¼ of Section 21, Township 97 North, Range 16 West of the 5th P.M.,       was made by Ron Muff and was seconded by Bill Fluhrer.  Roll call vote was taken and the application was unanimously approved.

 

            The Board discussed Patrick and Sabrina Baltes’ application.  Discussion was had concerning whether the Board wanted to make a decision without the Baltes’ being present.  It was determined that the Board would hold on making a decision in order to give the Baltes’ an opportunity to be present to discuss their business, as the Zoning Administrator was not sure what the business consisted of completely.

 

            A motion to table the decision concerning the application to have an existing repair business at 2715 Foothill Ave in the NE¼ of Section 14, Township 94 North, Range 18 West of the 5th P.M., was made by Bill Fluhrer and was seconded by John Gohr.  Roll call vote was taken and the motion was unanimously approved.

 

Meeting Adjourned.

 

 

Zoning Administrator

 

 

Jeff D. Sherman

 

 

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