Minutes of Board of Adjustment’s Hearing held on May 15, 2012.
I. Call to Order. Meeting was called to order at 9:00 a.m. Board members present were John Gohr, Ann Sullivan, and Angelia Ruzicka. Also present were Jeff Sherman, Zoning Administrator, and Misty Day, Assistant Zoning Administrator. Roll call of Board members was taken and three (3) out of five (5) members were present with Board Members Bill Fluhrer and Dennis Staudt being absent.
II. Approval of Agenda. A motion to approve the agenda as presented was made by John Gohr and seconded by Angelia Ruzicka, motion was unanimously approved.
III. Approval of Minutes. A motion to approve the minutes from the February 21, 2012, and March 12, 2012 meetings was made by John Gohr and seconded by Ann Sullivan, motion was unanimously approved.
IV. Old Business. No old business.
V. New Business.
A. A conditional use request by Gilbert’s Sale Yard to expand its existing conditional use permit that was granted on July 13, 1992, to include the sale of firearms and miscellaneous other goods associated with an auction house specifically located at 1406 Hwy 218 in the NW¼ of Section 10, Township 96 North, Range 16 West of the 5th P.M., Floyd Township. Applicant Randy Gilbert was present for the hearing. Mr. Gilbert stated that he is in the process of obtaining a license through AFL to sell firearms through his auction house and needed a letter from the Zoning Administrator stating that he was zoned properly to sell firearms. Mr. Gilbert stated that he has always sold firearms during his recreational sales that take place in May and October of each year, but he always had a licensed dealer present for those sales. Chair Ann Sullivan inquired as to whether the guns would be stored on the subject property and what type of security Mr. Gilbert had. Mr. Gilbert stated that the guns are brought in about a week before the sale and he is looking at installing video cameras for extra security measure. Chair Sullivan inquired as to what process people who were purchasing firearms had to go through. Mr. Gilbert stated that they had to provide a driver’s license and he had to call in the information to AFL before they took the firearms home. Board Member Gohr inquired as to whether Mr. Gilbert had a gun safe and it was determined that he did, but it was too small to handle the amount of firearms that generally come through during these sales. Mr. Gilbert also added that during his last sale, he actually stored the firearms at Midwest Firearm and Taxidermy and the people had to pick the firearms up from them, which worked out well. Board Member Gohr inquired as to what the miscellaneous other goods referred to. Assistant Day made her staff report a part of the record and stated that the original conditional use permit issued in 1992 was vague and only included farm implement and vehicles licensed by the D.O.T. In order to issue the letter that Mr. Gilbert needed, she felt the original license was too vague and should be expanded to include both the sale of firearms and miscellaneous other goods normally associated with an auction house in order to cover anything that Mr. Gilbert would sell now or in the future. The Board inquired as to whether the firearms would be sold strictly through auctions or if Mr. Gilbert planned to become a firearm dealer. It was determined that the firearms would be sold through the auctions only and if Mr. Gilbert wanted to become a firearm dealer, he would need to rezone his property to Commercial.
A motion to approve the conditional use request by Gilbert’s Sale Yard to expand its existing conditional use permit that was granted on July 13, 1992, to include the sale of firearms and miscellaneous other goods associated with an auction house specifically located at 1406 Hwy 218 in the NW¼ of Section 10, Township 96 North, Range 16 West of the 5th P.M., Floyd Township, was made by John Gohr and seconded by Angela Ruzicka. Roll call vote was taken and the motion was unanimously approved.
B. Assistant Day updated the Board regarding the ADM grain terminal appeal. The appeal was filed early last month and the Board did accept service of the appeal paperwork. The County Attorney has provided a copy of all of the paperwork contained in Zoning Department’s file to the Court and he expects the appeal to go before the Judge in 60 to 90 days so sometime in June or July. The County Attorney does want at least one Board Member present, but all Board Members are welcome to attend. Assistant Day also updated the Board on the Pre-Development and Minimum Assessment Agreements for the road improvement project. The agreements had been developed but the Board of Supervisors had decided to table action on same until the legislator had made a decision on proposed commercial and industrial property tax assessments, which could potentially reduce property taxes generated by those entities. Assistant Day will update the Board when a hearing date has been set.
VI. Adjourn. Motion to close the hearing was made by Angela Ruzicka and was seconded by John Gohr.
Jeff D. Sherman