Minutes of Board of Adjustment’s Hearing held on January 17, 2012.
I. Call to Order. Meeting was called to order at 9:00 a.m. Board members present were John Gohr, Dennis Staudt, Bill Fluhrer, and Ann Sullivan. Also present were Jeff Sherman, Zoning Administrator, and Misty Day, Assistant Zoning Administrator. Roll call of Board members was taken and four (4) out of five (5) members were present with Board Member Angela Ruzicka being absent.
II. Approval of Agenda. A motion to approve the agenda as presented was made by Dennis Staudt and seconded by Bill Fluhrer, motion was unanimously approved.
III. Approval of Minutes. A motion to approve the minutes from the December 20, 2011, meeting was made by John Gohr and seconded by Dennis Staudt, motion was unanimously approved.
IV. Communications received by secretary, either written or oral. There were no calls or letters received in support of or against the application. Applicants Jeff and Nancy Lewis did present a list of four signatures in support of their request.
V. Old Business. No old business.
VI. New Business.
A. Election of Officers:
A motion to appoint Ann Sullivan as Chair was made by John Gohr and seconded by Bill Fluhrer. The motion was unanimously approved.
A motion to appoint John Gohr as Co-Chair was made by Dennis Staudt and seconded by Bill Fluhrer. The motion was unanimously approved.
B. A conditional use request by Jeffrey and Nancy Lewis to expand their existing conditional use permit to include the sale of travel trailers & campers on their property located at 2525 – 150th Street in the SW¼ of Section 10, Township 96 North, Range 16 West of the 5th P.M., Floyd Township. Applicant Jeffrey Lewis stated that they have leased some property across from the Hwy 218 Fuel Express and that is where they want sell the campers and not at the 2525 – 150th Street location. However, since their existing dealer’s license is at the 2525 – 150th Street address, the leased property would be considered an extension lot, and they have to get this approval for the 2525 – 150th Street address in order to be valid for the extension lot. Board Member Gohr inquired as to whether this was for the DOT. It was determined that this was in order to get their license approved by the DOT. Applicant Lewis added that the leased property is already properly zoned for this extension lot, but their home or main dealership was not. Rather than go through the paperwork to get a separate license for the leased lot, it was less costly to just expand their dealership license at their home and make the leased property an extension lot. Board Member Gohr inquired as to whether any campers would actually be stored at their home. It was determined that the campers would only be there after they were initially purchased in order to be cleaned up before going to the extension lot, but they will not be stored at their home residence permanently. Applicant Lewis also stated they did not plan to have that many, maybe two or three, and that they were trying to diversify a little bit since their current business was down due to the economy. Board Member Gohr inquired as to whether this conditional use permit would go with the property. Assistant Day stated that under the new zoning ordinance these type of operations are no longer allowed as a conditional use so they would be considered grandfathered and this operation would run with title to the land, meaning the next owner could operate the same business but they could not expand the operation and in the event they ever abandoned the operation for a period of 1 year they would no longer be allowed to continue that operation without rezoning it to a commercial property. Discussion was had regarding placing a limit on the number of campers that could be stored at the subject property. Chair Sullivan inquired as to how many the applicants planned to have at one time and it was determined that they would start with just a few, but if that works great they would have more but they would not be stored at the subject property. Discussion was had regarding the original hearing that was held in March of 2005 and whether a limit as to the number of vehicles was placed on the original request. It was determined that there was a limit of 40 vehicles used for parts placed on the original request, but there was no limit as to the number of vehicles for sale and that there shall be no signage on the property. Discussion was held regarding the number of campers that should be placed on the request and it was determined that 10 campers should be adequate.
A motion to approve the conditional use request by Jeffrey and Nancy Lewis to expand their existing conditional use permit to include the sale of travel trailers & campers on their property located at 2525 – 150th Street in the SW¼ of Section 10, Township 96 North, Range 16 West of the 5th P.M., Floyd Township, with the limit of ten (10) campers/trailers being physically located on the subject property at one time was made by John Gohr and seconded by Bill Fluhrer. Roll call vote was taken and the motion was unanimously approved.
C. Assistant Day updated the Board regarding the proposed Zoning Ordinance and stated that it was approved on December 27, 2011, and we were waiting for the Auditor to publish a summary and record her certificate with the Recorder’s office before it became official. Administrator Sherman stated that the summary was published as of yesterday. Assistant Day also gave the Board information on upcoming Planning & Zoning workshops.
D. Update on Zoning Commission activities was tabled.
VII. Adjourn. Motion to close the hearing was made by John Gohr and was seconded by Dennis Staudt.
Jeff D. Sherman