June 14, 2011
Minutes of Zoning Commission Meeting held on June 14, 2011, at 9:03 a.m.
Commission members present were Thomas Schwab, Duane Koch and Susan Nelson. Also present were Jeff Sherman-Administrator and Misty Day, Assistant. Roll call of Commission members was taken and three (3) of the four (4) members were present, with Commission member Dean Tjaden being absent.
A motion to approve the agenda as presented was made by Duane Koch and seconded by Susan Nelson. Motion was unanimously approved.
Chair Thomas Schwab inquired whether everyone had the opportunity to review the minutes. Commission Member Susan Nelson requested that the minutes be discussed after the hearing in order to allow her to review same.
The public hearing regarding a request by Gaylen Hicok and Gloria Frerichs for approval of a Final Subdivision Plat for 1 lot specifically located in the S¼ Corner of Section 34, Township 95 North, Range 15 West, Riverton Township, Floyd County, Iowa, was held. Applicant Gaylen Hicok was present for the hearing along with Realtors Lori Stewart, Larry Stewart and Dean Stewart; Buyer Kristin Miller-Goddard; Attorneys Todd Prichard and William Baresel; and Curt Heide from Great Plains Title and Curt Teeter, adjoining property owner. A copy of Assistant Day’s Staff Report was given to the Commission, as well as the Applicant, Attorneys and Realtors. The Report stated that the subject parcel was a 48.84 acre parcel currently zoned R-1, Single Family Residential, and that the Applicants wanted to split off a 6.9 acre parcel to sell for the purpose of constructing a new home. The Report also stated that because the split was a third split in a ¼¼ Section that was less than 10 acres, the Auditor determined that the split would be subject to County Subdivision regulations for a Minor Subdivision. Applicant Day provided a copy of the documents required for Subdivision filings pursuant to Iowa Code Chapter 354 to the Commission, which included a Subdivision Plat, Owner’s Statement signed by the applicants, 2 Partial Releases of Mortgages from First Citizens National Bank, 2 Releases of Mortgages from Veridian Credit Union f/k/a John Deere Community Credit Union, title opinion, Certificate of Treasurer, and Auditor’s Certificate for approval of Subdivision Plat Name. Chair Schwab opened the hearing to public comment in favor of the request. Applicant Gaylen Hicok stated that he is the owner of the property and that he had the property listed with Stewart Realty as 10 acres more or less. After the survey was done, the Applicants discovered that the parcel did not quite make 10 acres and would require a Subdivision Plat. Applicant Hicok stated that there is already a driveway existing off of Midway Road and that this is simply a division of his existing property. Applicant Hicok also stated that the buyers, Darwin and Kristin Miller-Goddard, plan to build a nice home and pole building on the property which will be revenue for the County. Realtor Lori Stewart spoke on behalf of the application by stating that both parties are positive and hopeful that the Commission will approve the land division for them. Attorney Todd Prichard spoke on behalf of the application by stating that he represents the sellers/applicants and that he could not see any reason why the request should not be approved, as there is no health issues associated with this split. Chair Schwab then opened the hearing to public comment in opposition of the request. No one spoke in opposition. Chair Schwab inquired whether any calls or letters were received and Assistant Day stated that no letters or calls were received either in support of or in opposition to the request. Commission Member Duane Koch inquired whether the buyers planned to keep any animals in the pole building. Buyer Kristin Miller-Goddard stated that the building will be for the storage of their boat, four-wheeler, etc, but no animals. Applicant Hicok added that it was included in the purchase agreement that there could only be recreational livestock for 4-H type activities on the property but no production facilities can be on the property.
A motion to approve the request for approval of Final Subdivision Plat for 1 lot specifically located in the S¼ Corner of Section 34, Township 95 North, Range 15 West, Riverton Township, Floyd County, Iowa, was made by Susan Nelson and seconded by Duane Koch. Roll call vote was taken and the motion was unanimously approved.
Chair Schwab closed the hearing and advised the applicants of the Board of Supervisors hearing that will begin at 10:00 a.m. following this hearing.
Discussion was had concerning the Carville Cabin Subdivision Hearing that was postponed to June 28, 2011. Assistant Day advised that there was an error in the legal description she listed in the notices and that the County Attorney advised her to postpone the hearing and republish the notice with the correct legal description.
Discussion was had concerning order of Old Business and then New Business on the Agenda and Chair Schwab’s concerns that it did not really seem to flow and may not best accommodate applicants’ time. Commission Member Nelson pointed out that at City Council Meetings, they make a motion to depart from the agenda to accommodate people on the run. Assistant Day added that she believed the Old Business was for hearings that were tabled at a prior meeting. It was determined that any hearings tabled at a prior meeting should be heard prior to any new hearings, however, other action items tabled at prior meetings should be saved until after the new hearings have taken place.
Discussion was had concerning the minutes from the prior meeting. Commission Member Nelson pointed out typographical errors that needed to be corrected. Further discussion was had concerning the adjournment of the prior meeting. The minutes reflected that the meeting was ‘temporarily adjourned’. Commission Member Nelson was not comfortable with this statement as she stated she was standing there and heard Chair Schwab adjourn the meeting. Chair Schwab inquired whether the wording could be changed to ‘hearing adjourned’ as that was the intent of the adjournment. Commission Member questioned where Assistant Day received information that ‘so long as the Agenda is not being amended with action items, it is perfectly acceptable to amend the agenda during the hearing with discussion items’ as stated in the minutes. Assistant Day referred Commission Member Nelson to the previous sentence that stated the information came from communications with the County Attorney and other County Zoning officials. Commission Member Nelson questioned whether posting notice on the door versus publishing same constituted proper notice and Assistant Day clarified that a notice still gets published in the paper, but the Agenda does not have to be published as long as it is posted outside of the door 24 hours prior the meeting. A motion to approve the minutes subject to typographical errors being corrected and the correction of ‘meeting temporarily adjourned’ to ‘hearing adjourned’ was made by Duane Koch. A second was not made. Chair Schwab asked the Commission who was in favor of approving the minutes subject to the changes outlined. Chair Schwab and Commission Member Duane Koch voted Aye and Commission Member Susan Nelson voted Nay. Minutes were approved with a 2:1 vote.
Discussion was had regarding Rules of Procedure. Chair Schwab stated that since the Commission was down 2 members, he would like to wait to discuss the Rules of Procedure at the June 28th meeting when all Commission members are expected to be present, including the new Commission Member Tami Vetter. All Commission Members were in agreement.
Motion to adjourn the meeting was made by Susan Nelson and seconded by Duane Koch.
Jeff D. Sherman