Chairman Darrel DeBoom called the January 8th Planning and Zoning Commission Meeting to order at 6:00 PM in the City Council Chambers. Present were Darrell DeBoom, Lee Cooper, Von Kilts, Tom Raymond and David Phipps, Secretary to the Planning and Zoning Commission.

Motion presented by Rick Richter, seconded by Lee Cooper, to approve the December 18th Agenda. Motion passed.

Motion offered by Lee Cooper, seconded by Von Kilts, to approve the December 18th Minutes, with corrections. Motion passed.

Chairman DeBoom began the Commission discussion of land use classifications and inquired of the Commission members the procedure to use in identifying properties land use. Several Commissioners indicated a need to grandfather existing zoning classifications, others suggested examining present use and determining appropriate zoning classification. Every Commissioner agreed that any proposed changes in zoning classification would require notification be given to the property owner with opportunity to a hearing. Chairman BeBoom tabled the discussion until several Commissioners could review the entire community and make recommendation to the entire Commission.

The Secretary to the Commission requested the Commissioner review the Cherokee Airport Zoning Ordinance as amended to the County Zoning Ordinance in 1983. After review and some discussion, the Secretary was instructed to identify the dimensions of the runway and length of the glidepath as identified by the FAA and to post the airport entrance with the information.

Discussion of the need for building permits continued. Several Commissioners indicated they did not previously know building permits were required to raze or move buildings. The Commissioners thought signs identifying building permit requirements should be posted on the five entrances into the city. The Secretary indicated the City would install the signs once the zoning ordinance including building permit definitions was adopted.

The Commission reviewed a proposed change in building fees. Lee Cooper proposed changing the fee methodology from estimated construction cost to a fee based on square footage. Rick Rickter raised the question of requiring building permit fee for replacement

of a window in a house. After further review and comparison of building permits fees based on the two methods, the Chairman tabled discussion of the building permit fee schedule until additional information could be obtained.

Tom Raymond volunteered to research methods other cities use in determining building permit fees.

The Council reviewed the 28E Extraterritorial and Airport Zoning sections with height restrictions and agreed it would establish new standards for subdivision development and protect the airport glide path from intrusion of cell towers or other tall structures locating outside the city limits and along the perimeter of the city limits.

Lee Cooper reported he had recently identified three properties in dilapidated condition. The Secretary indicated the City staff would be reviewing the properties and would pursue repair, rehabilitation, or removal of the structures under the city's nuisance ordinance as directed by the Council and City Attorney.

Chairman DeBoom asked for a motion to adjourn. Motion offered by Rick Rickter, seconded by Tom Raymond to adjourn. The Chairman adjourned the Planning and Zoning Commission at 8:00 P.M.

Respectfully submitted, David D. Phipps Secretary to the Planning and Commission

Zoning Commission Minutes January 22, 2003

Chairman Darrel DeBoom called the January 22nd Planning and Zoning Commission Meeting to order at 6:00 PM in the City Council Chambers. Present were Darrell DeBoom, Rick Richter, Von Kilts, Tom Raymond, , Roger Kammerer and Robert Schall, Zoning Administrators/Building Inspectors and Gaye Van Winkle of the O'Brien County Bell newspaper, and David Phipps, Secretary to the Zoning Commission.

Motion presented by Rick Richter, seconded by Von Kilts, to approve the January 22nd Agenda. Motion passed.

Motion offered by Von Kilts, seconded by Tom Raymond, to approve the January 9th Minutes. Motion passed.

Chairman DeBoom began the meeting by discussing the need to identify each lot and block in the community to determine if the present zoning classification of residential or commercial fitted the property. A number of lots have been identified as zoned commercial when actual usage is residential. The Commission is concerned that if some residences zoned commercial were to be destroyed, they would not be able to rebuild on the same property under existing or proposed zoning provisions. The Commission is also concerned about creating "spot zoning" in lot and blocks that are incompatible with adjacent land uses. Chairman DeBoom and Commissioner Kilts will begin researching the County Assessor's classification of assessed properties and will also research the County Recorder's records for identification of property land use in question. After the Commission has reviewed all lots and blocks, property owners with questionable or incompatible zoning classification will be notified and offered the opportunity to rezone the property according to present day usage.

Chairman DeBoom brought before the Commissioners the unfinished business of defining New Construction and required Permit Fees. After much discussion, the Commissioners agreed to support the following definition of New Construction. New Constriction shall be defined as "Any addition, attached or free standing, or enlargement to existing structural perimeter." A motion of support was given by Von Kilts, seconded by Tom Raymond. The Chair announced the motion to have passed.

Further discussion regarding Building Permit Fees ensued. Rick Ricker offered the following definition for Building Permits.

"Building Permits shall be required when burning, razing or moving structures.
A Building Permit is required and shall be issued for a minimum $20 or $1.00/$1,000.00, which ever is more, of new construction, or enlargement cost to existing structural perimeter.
A Building Permit shall not be required for alterations within the same structural perimeter… ie. siding, window and door replacement."

The motion was seconded by Von Kilts. Chairman DeBoom called for the vote. The vote to approve the motion was declared to be unanimous.

Motion was offered by Tom Raymond, seconded by Von Kilts to adjourn. Chairman DeBoom thanked the Zoning Administrator/Building Inspectors for their input into the discussion and adjourned the Commission Meeting at 8:00 PM.

Respectfully submitted, David D. Phipps, Secretary to the Zoning Commission

FEBRUARY Meetings

Top

Zoning Commission Minutes February 12, 2003

Chairman Darrel DeBoom called the February 12th Planning and Zoning Commission to order at 6:00 PM in the City Council Chambers. Present were Darrell DeBoom, Rick Richter, Von Kilts and David Phipps, Secretary to the Zoning Commission.

Motion presented by Rick Richter, seconded by Von Kilts, to approve the February 12th Agenda. Motion passed.

Motion offered by Von Kilts, seconded by Rick Richter, to approve the February 12th Commission Minutes with reconsideration of new construction and building permit definitions. Motion passed.

The Chairman asked the Commissioners to review scheduled meeting dates for February and March. It was decided to reschedule regular Commission meetings on February 26th (Wednesday), March 6th (Thursday), and March 19th (Wednesday).

The Commission then took up the definitions of new construction and building permits. A discussion of the necessity of including new construction in the building permit definition was addressed. After further review of new construction wording, Rick Richter offered a motion to rescind the January 22nd definition of new construction and adopt in lieu of the following revised definition of

New Construction: "A complete new structure, any addition, attached or free standing, or any change to existing structural dimensions".

The motion to rescind and adopt in lieu, was seconded by Von Kilts. Motion adopted.

The Commission continued reviewing definitions. After additional consideration, Von Kilts moved to rescind the January 22nd definition of building permits and adopt in lieu of the following revised definition of building permits:

"Building Permits are required for new construction, an addition, attached or free standing, or change to existing structural dimension.

Building Permits are required for burning, razing, or moving structures.

Building Permit applications, when approved, shall be issued at the minimum rate of $20.00 or $1.00/$1,000.00 estimated cost, whichever is more.

A Building Permit shall not be required for alterations within the same structural perimeter, e.g., siding, windows, and door replacements."

The motion was seconded by Rick Richter. Motion passed.

A motion was offered by Von Kilts, seconded by Rick Richter, to approve the revised definitions found in the Commission Minutes of January 22nd.

The Commissioners requested that all Building Permit Applications be revised to include the following: All Building Permit applications are available at City Hall. Building Permit applications shall be kept on file at the City Zoning Administrator's office and are open for public inspection.

Chairman DeBoom continued to the next item on the agenda. An identification of individual Lot and Block as zoned property is needed. Von Kilts and Darrel DeBoom have researched assessment and zoning classification for about one-half of the properties and identified several properties as zoned commercial by ordinance, but assessed and utilized as residential properties. The inaccuracies of the zoning map will be corrected, as the inaccuracy becomes important in protecting present land use and prohibiting undesirable adjoining uses.

The Secretary to the Commission distributed copies of the Spencer Subdivision and Infrastructure Assessment Policies. Phipps related the cities of Spencer and Spirit Lake have opposite philosophies in assisting contractors wanting to build in their cities. The City of Spencer approaches infrastructural improvements with a cost share methodology. In contrast the City of Spirit Lake aggressively underwrites all costs associated with development, even to the point of requesting payment for developed lots on city property until sold by the developer/contractor. Consequently, developers have little financial risk in developing property and the community has experienced an explosion of residential growth. Discussion of the City's subdivision ordinance was tabled until later.

Von Kilts suggested the Planning and Zoning Commission focus on completing the Extraterritorial Zoning Agreement this month and present the Agreement to the council for their discussion at the next regular council meeting in March. All present agreed to complete the document within the next two meetings and to present the document at the March 10th regular council meeting. The Secretary to the Commission was instructed to present the Agreement to council members within sufficient time for review before the regular March council meeting.

Motion by Von Kilts, seconded by Rick Richter, to adjourn. The Chairman adjourned the February 12th meeting at 8:20 P.M.

Respectfully submitted, David D. Phipps Secretary to the Commission

MARCH Meetings

Top

Zoning Commission Minutes March 19th, 2003

Chairman Darrel DeBoom called the March 19th Planning and Zoning Commission to order at 6:00 PM in the City Council Chambers. Present were Darrell DeBoom, Rick Richter, Von Kilts, and David Phipps, Secretary to the Zoning Commission. Absent were Tom Raymond and Lee Cooper.

Motion by Rick Richter, seconded by Von Kilts, to approve the March 19th Agenda. Motion passed.

Motion by Von Kilts, seconded by Rick Richter, to approve the March 6th Minutes.

Motion by Von Kilts, seconded by Rick Richter, to amend the March 6th Minutes by changing "appointment of one (1) representative within extraterritorial area by the County Board of Supervisors" …."to appointment of two (2) representatives within extraterritorial area by the County Board of Supervisors". Motion passed.

The Planning and Zoning Commission continued it review of the Extraterritorial Agreement, Subdivision requirements and the definition of terms listed within the City Zoning Ordinance.

Upon further discussion, The Secretary to the Commission suggested a review of the Subdivision be completed at the next meeting. The Commission directed the Secretary request copies of the Sheldon and Spirit Lake Subdivision Ordinances for review before the next meeting.

Motion by Rick Richter, seconded by Von Kilts, to adjourn. Motion passed.

The Chairman adjourned the March 19th meeting at 8:00 PM

Respectfully submitted, David D. Phipps Secretary to the Planning and Zoning Commission

Top

NOVEMBER Meetings

Zoning Commission Minutes

November 20th, 2003

Chairman Darrell DeBoom called the November 20th Planning and Zoning Commission to order at 6:15 PM in the City Council Chambers. Present were Darrell DeBoom, Rick Richter, Von Kilts, Lee Cooper and David Phipps, Secretary to the Planning and Zoning Commission. Absent was Tom Raymond.

Motion by Rick Richter, seconded by Lee Cooper, to approve the November 20, 2003 Agenda as presented. Motion passed.

Motion by Lee Cooper, seconded by Rick Richter, to approve the September 18, 2003 Zoning Commission Minutes. Motion passed.

Chairman DeBoom requested the Commission consider if they wanted to include the Subdivision Ordinance, 28E Extraterritorial Agreement and Comprehensive Land Use Plan in the proposed public hearing. After discussion, the Commission members resolved to place before the public only the zoning ordinance and zoning classification map. A second hearing would be held later for public comment on the Subdivision Ordinance, 28E Extraterritorial Agreement, and Comprehensive Land Use Plan.

Discussion of a public hearing location brought consent to reserving the Court House Assembly Room for its larger seating capacity than available at City Hall. After further discussion of the minimum time required for a public hearing after publication, the Commission elected to schedule a public hearing on December 4th at 7:00 PM in the County Court House Assembly Room.

Motion offered by Lee Cooper, seconded by Von Kilts, to approve the zoning ordinance and zoning classification map and to schedule a public hearing for public comment on December 4th at 7:00 PM in the County Court House Assembly Room. Motion passed.

The Commission continued to discuss a second public hearing for the proposed Subdivision Ordinance, 28E Extraterritorial Agreement and Comprehensive Land Use Plan. A motion offered by Lee Cooper, seconded by Von Kilts, to approve the Subdivision Ordinance, 28E Extraterritorial Agreement and Comprehensive Land Use Plan and to schedule December 18th at 7:00 PM in the County Court House Assembly Room for Public Comment. The Chair ruled the motion passed unanimously. Upon receiving public comment on the three (3) zoning related documents, the Commission will recommend adoption to the City Council.

Motion by Von Kilts, seconded by Rick Richter, to adjourn. Chairman DeBoom adjourned the November 20th Planning and Zoning Commission meeting at 7:10 PM.

Respectfully submitted, David D. Phipps Secretary to the Commission

Top

DECEMBER Meetings

Top

BOARD OF ADJUSTMENT MINUTES ARCHIVE

2003

Top

JANUARY Meetings

Top

January 2, 2003

To the Members of the City Board of Adjustment:

Dale Craun, Frank Davis, Ralph Fjeld, Cory Vander Pol, & Jim Vollink

Thank you for volunteering to serve on the Board of Adjustment. Several important developments have been occurring since you attended the Zoning workshop at Western Iowa Tech Community College in Cherokee last spring.

First, the newly appointed Planning and Zoning Commission has been writing a new zoning ordinance with unique characteristics. Ten (10) land use zoning classifications, historical preservation, airport glide path protection, and extraterritorial zoning have been included in the zoning ordinance. Building permit fees based on square footage versus the previous method of fee assessment based on estimated value of construction will also be included.

Secondly, a new city map with annexed areas has been developed showing the new city limits. The new map becomes very important when considering the impact of extraterritorial zoning.

Lastly, the City Council has authorized appointment of a Zoning Administrator and Deputy Zoning Administrator with office space provided in City Hall to administer the new zoning ordinance.

I am calling the members of the Board of Adjustment to order on January 21st for a brief organizational meeting to be held in the City Council Chambers. The meeting is scheduled for 7:00 P.M. and should last less than one hour. I am enclosing a Tentative Agenda for your review

I am also enclosing a short article found in Cityscape that defines the role and responsibility of the Planning and Zoning Commission and the Board of Adjustment. I think the article makes a good introduction to your new responsibilities and purpose.

One of the first organizational functions of the Board of Adjustment will be to draw staggered office. The advantage of staggered terms of office is retention of majority members with experience and zoning continuity on the Board. Each Board Member will draw a specific length of appointment ranging from one year to five years. The Board Member drawing number one (1) will serve a one year term, the Board Member drawing number two (2) will serve a two year term, etc. until all five Commissioners have drawn a term of office. All Board Members are eligible for reappointment. Eventually each commissioner will serve five year terms of office within this concept of staggered terms.

The second organizational function of the Commission is to elect a Chairman and Vice Chairman of the Board of Adjustment. The Chairman will take an active part in the board meetings and should be experienced in conducting Open Meetings and chairing Public Hearings. The Vice Chairman will be expected to fill the Chairman's position in his absence.

I should state my relationship to the Planning and Zoning Commission and Board of Adjustment has been set by the City Council. I will serve as Secretary to the Planning and Zoning Commission and the Board of Adjustment, providing coordination, preparing Agendas and Minutes, advising and researching information for the Commission and Board as requested.

The Zoning Administrator will issue building permits, provide on-site inspections, interpret and enforce the Zoning Ordinance and will make written recommendation to the Planning and Zoning Commission and the Board of Adjustment. The Zoning Administrator's office and all records will be housed in City Hall.

This is an important time in the development of the City. I look forward to meeting with you at 7:00 PM on January 21st as we begin this journey.

Sincerely, David D. Phipps Secretary to the Board of Adjustment

Encl: "Planning and Zoning Commissions and Board of Adjustments".

Cityscape, Pages 8-9