February 15, 2011
Minutes of Board of Adjusters’ Hearing for a request by Richard & Judy Hall to erect a shed 30 feet from the road right-of-way instead of the 50 foot setback that is required on their property located at 2175 S. Main Street in the SW¼ of Section 13, Township 95 North, Range 16 West of the 5th P.M., St. Charles Township, Floyd County, Iowa; and a request by Doug & June Temple to have a corn maze on their property located at 1738 Shadow Avenue in the NW¼ of Section 30, Township 96 North, Range 15 West of the 5th P.M., Niles Township, Floyd County, Iowa.
The Board opened the meeting with the election of officers. Motion to appoint Ann Sullivan as Chair was made by John Gohr and was seconded by Bill Fluhrer. Motion to appoint Bill Fluhrer as Co-Chair was made by Ron Muff and was seconded by John Gohr. Roll call vote was taken and the nominations were unanimously approved.
Board members present were John Gohr, Bill Fluhrer, Ron Muff and Ann Sullivan. Also present were Jeff Sherman, Zoning Administrator, and Misty Day, Zoning Administrator Assistant. Roll call of Board members was taken and four (4) of the (5) members were present with Dennis Staudt being absent.
Applicants Richard & Judy Hall were present for the hearing. Applicant Richard Hall stated that just to the South of the driveway and to the East of the present garage that is there, he would like to build a storage shed for his trailer and boat so he can have them inside. He has possession of a storage shed until the 1st of May so he can keep them inside until he has a chance to get something built. The shed will be 40’ x 36’ and the colors will be exactly the same as the buildings that are currently there. The Board reviewed a map with the proposed location of the building being identified by Applicant Hall. Chair Sullivan inquired as to the reasoning of building 30’ from the right-of-way and Administrator Sherman advised that the required setback for the AG District is 50’ from the road right-of-way.
No letters or calls in support of or against this variance request were received by the Zoning Department.
A motion to approve the request by Richard & Judy Hall to erect a shed 30 feet from the road right-of-way instead of the 50 foot setback that is required on their property located at 2175 S. Main Street in the SW¼ of Section 13, Township 95 North, Range 16 West of the 5th P.M., St. Charles Township, Floyd County, Iowa, was made by John Gohr and was seconded by Bill Fluhrer. Roll call vote was taken and the application was unanimously approved. Assistant Day advised the applicants that they would need a building permit for the shed and gave the applicants the proper applications to fill out and return prior to erecting the shed.
Applicant June Temple was also present for the hearing. Applicant Temple stated that she wanted to have an 8 acre corn maze that would be 634’ x 550’. A map with the proposed area of the maze was presented to the Board. Chair Sullivan inquired if this would be for people to walk through and it was determined that it would be and that it would be open to the community. Board Member Gohr inquired as to where people would park and Applicant Temple identified an area to the immediate south of the proposed location of the corn maze as the parking area. This area is located in the applicants’ yard. Applicant Temple stated that there should be plenty of room for parking, however, they will need to flag off their septic system so no one drives over it. Applicant Temple further stated that she was having a gentleman from Idaho come to lay out and rotor till the maze, which will be in the shape of Noah’s Ark with 8 miles of path to walk. The corn maze will then run from August 15th to October 15th.
Terry Wegner was in the office and stated that he had no objection to the request. 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 request by Doug & June Temple to have a corn maze on their property located at 1738 Shadow Avenue in the NW¼ of Section 30, Township 96 North, Range 15 West of the 5th P.M., Niles Township, Floyd County, Iowa, was made by Bill Fluhrer and was seconded by John Gohr. Roll call vote was taken and the application was unanimously approved.
Discussion was had concerning the Zoning Ordinance update. The Board of Adjustment reviewed the ordinance and thought it was well written. The Board had no comments, questions or suggestions. Assistant Day stated that they had met with the Board of Supervisors last week and they had a few minor things to address including horizontal property regimes/condos, clay shooting ranges, minor boundary changes, define wind innovation zone, and ensure the floodplain ordinance does not conflict with the multi-jurisdictional plan that is now in place. It was the hopes of Assistant Day and Administrator Sherman that the next meeting with NIACOG would take place next month and that a final version would be ready for the public hearing process after that, with the final adoption occurring before July 1, 2011.
Discussion was had concerning the creation of By-Laws. Assistant Day did find that the Board of Adjustment does have Rules of Procedures in place from 2002. She will make copies of the current Rules as well as an example from another County for the Board to review to see if the Procedures need to be updated or changed in any way.
Discussion was had concerning the Planning & Zoning Commission’s activities during 2010. Assistant Day stated that NIACOG had suggested that the Board of Adjustment and Planning & Zoning Commission review each other’s activities over the past year to see what issues are coming up. Assistant Day stated that the Planning & Zoning met with NIACOG a total of 7 times throughout 2010, along with 5 rezoning requests from AG to C-1 and 5 rezoning requests from AG to R-1 for new homes.
Motion to close the hearing was made by Ron Muff and seconded by Bill Fluhrer.
Jeff D. Sherman