Zoning Board of Adjustment - Regular Meeting

I can combine this. So yes, go ahead and combine because recommended conditional there. This is the conditional. approval. Okay. So, okay. But the conditions are the exact same and just it's two applications, same parcel that's going to end up being split, right? Yeah. There's they're in the process of splitting the parcel up. Okay.

One side service is going to keep the other side of the park tree. Great time to deal with the attorney. Okay, it's 6:30 everybody. Welcome to the Mills County Zoning Board of Adjustment.

At this time, I'd like to get a roll call, please. Collins.

Pat, if you're there, you could take it off mute. Let's see. There it goes. Can you hear me? We can. All right. Here gentlemen here. Okay. Thank you. Can we get a review action and approval of the current meeting agenda? I'll make a motion to approve. We got a motion. I'll second by a review action and approval of the previous meeting minutes and the resolution. I'll motion to approve. I'll second.

A second from Heather. Okay. Thank you.

All right. This time the public hearing. Um the chairman is going to read a statement advising the audience that the public hearings would be conducted in accordance with the board rules of procedure. We do not have that right now. But at at this time, what what we're stating is during the applicant's presentation that everybody has the patience and be cordial to everybody, the audience, and to the board up here at the same time. Don't direct any questions to the applicant at any time. And just please be on your best behavior. All right. At this time, oh, and also, okay, at this time, we're going to have a discussion of formal action, the conditional use permit application 26-03. I'm going to combine it with 26-04. They are the same applicant, same piece, just the property is not the parcel has not been split yet. So, that way we'll kind of get it taken care of with one one um application time. So, the discussion of formal action with conditional use permit application 2603 and 2604 for the proposed short-term vehicle storage at the address of 2236521st Street South Glennwood, Iowa. It's in the Glenwood Township. It's in the AR district. If the applicants ready, they can come up to the table and give their presentation, please. How's it going? Luis, nice to meet you guys.

This is my dad. Let me see your Okay. And just for simplicity, which which parcel are you guys talking? Which application are you guys going to be talking on? Uh we will be the far uh south side. Uh the one that contains the shop. Would that be 2603? I imagine that with the addresses get done that will retain the current address that I have. Okay, we go. Okay, at this point you can give your presentation.

Um, so I just have something I wrote here for you guys today just to give you someations. Uh, deal dear Mills County Zoning Board of Adjustment. My name is Luis Lamb and I'm here today with my dad Luis Lamb senior and my mom right there Lamb. Uh, we currently live in Omaha. My dad and I work together operating a small trucking company known as New Lamb Trucking LLC. Uh we are here today to ask permission for a conditional use permit to have our business in Glenwood, Iowa. And we're specifically at 22365 221st South Glenwood, Iowa, just south of the of Glenwood, one mile. Um here is some information about our business. Uh we currently own three semi-truckss and three 48 foot tanker trailers and we have provided you with pictures of our equipment. Uh we specialize in dry bulk transportation primarily moving cement and fly ash. Uh the enclosed uh tankers we operate are known as pneumatic tankers. The cement is moved in a powder form and then it is transportated uh to readymix plants. Uh we're interested in this uh specific plot of land because it has a 48 by 80 insulated shop with heat so our semirs can be stored inside as much as possible and we can do uh just regular maintenance stuff like change our oil in a controlled environment. Um we plan we we do plan to build an office inside of the existing building. Um primarily right now we haul out of Kansas City uh to the Omaha area. Um during the construction season we typically operate Monday through Saturdays. Um, in the winter and early spring, we operate through uh only through Monday through Friday. Uh, we don't have specific hours of operation due to our trucks typically being on the road. Um, there will be times when one of our trucks will leave on a Monday and won't come back to Glenwood for a week. Um, we hope to grow our business and

someday, uh, we may have more trucks and trailers over the next 5 to 10 years. Um, we will continue to keep the ditch line on the south side of the driveway clear for good visibility. Um, and we hope that the information that we provided you guys will allow the board to grant this uh, conditional use permit. Thank you.

You said your normal operation hours are Monday through Saturday, but then in the summer it's Monday through Friday. Uh so summertime uh it it it goes hand inhand with construction season. So um during construction season it's Monday through Saturday and uh right now like winter early spring it's typically Monday through Friday.

Okay. Is there anything else you'd like to speak on behalf? Um, I don't know if you guys have any questions for us, just what we do or not at this time right now. I've got one. What's fly ash? Uh, fly ash, it's um I believe it comes from So, it comes from power plants. Um, it's like an additive or or a substitute for cement mix. So, it's just something that they mix into cement mix to make the concrete that they pour for sidewalks or streets or something. So, it's like a dry powder. Yeah, it's a dry powder. Yeah. Everything we haul is dry powder. Okay.

Okay. You know what? I guess we will ask you a few questions here because I'm looking through a letter here. Um, right now you said you have three trucks with the maybe the intent of getting more trucks in the future. What would be your max amount of trucks that you would ever have? Do you if you have an idea? Um, I don't have an idea right now. That just it kind of goes based off of, you know, how we were to grow. Um, trucks are cheap. So, I would say not anytime in the near future, but I would say maybe about five to six within reasonable reach, two, three years. Um, but typically our trucks, um, the goal is not to have them parked. They should be on the road.

Sure. How about trailers? Uh trailers is the same thing. U we don't plan on buying a bunch of equipment just having it sit just because it's not making us any money. Okay. Okay. Ask you a couple little Okay. Anybody else have any questions? Pat, do you have anything? No. Okay. Okay. Um, at this time, uh, the public comment can come up to the podium over here. State your name, address any questions to the board, please.

Hi, my name's Kenny. I live right down here, basically across the street from where they're going to be doing this business. I was curious, is there going to be any of this dry powder stored there um at any time? Okay, we'll ask that. Thank you. Okay. Um and then also um I just wanted to check and make sure that all the vehicles are going to be in proper working order and won't be broken. Vehicles being stored there wouldn't be much salvage. Yep. Thank you.

Okay. Thank you, Kenny. Any additional public comment this time? Okay, we're going to close the public hearing hearing comment portion of this meeting. It's a little bit different format, Matt. So, I'm a little I'm assuming right now I'm going to ask for the staff report. Yep. So on the our recommendation on uh conditional use for this application would be to recommend that the conditions of it would be is that the approval is conditional based on the owner is gaining approval to split the lot into two parcels. That the applicant would submit a site plan for the use to be approved by the department. that the applicant would submit sub submit for building permits of any structural modifications for the use on the property. that the site will be designed in conformance with the Mills County codes for the site steering fence and buffers, that the vehicles stored on the property will be serviceable and for the use of the applicant's trucking business, and that no fly ash would be brought back to the property and the vehicles would be washed out at a controlled site. This is based on the following findings of fact. Number one is that the subject property is located in the AR agricultural residential district. The zoning ordinance adopted in conjunction with the land use plan stipulate that vehicle storage short-term isn't permitted conditional use in the district and that the conditional use is not foreseen to have any negative impacts on the property or the road use.

Thank you, Matt. Okay, you guys, Louis, um you understand the staff report on the no dry powder of any kind can be stored on site. Yeah. And then also that it's um any equipment that's on site's going to be in working condition or DOT condition. Yep. As far as you know, we can't park uh buses there or salvage equipment there. So that'd be something that I think would be written into the permit and you know no long-term storage of unusable vehicles or something of this.

That's why on the condition about being serviceable and for the use of the business by first recommendation directly related to trucking business and it is serviceable I mean ready to be out on the road ready to go. Okay. Do we need to specifically state like even though we have in there wash outs done at a controlled site, should we specifically state no washing out on the property because it is so close to the creek?

I mean I know you have it in there. Yeah, I mean we can modify we can modify that to just touch differently to say that again there and it can be just as simple as that vehicles are not allowed to be washed out. Do we need hours of operation just for like the neighbors? Because we usually, you know, we have dirt bars, hours of operation, so we don't have semis pulling in. And do you have mechanics that are going to be working on site? No, not at this time.

Oh, mechanics on site? I think they've already addressed they're going to be coming in at different hours of the time that they're not they're mainly not going to be going in and out of there at the same time. But three trucks with a max of possibly six in the next couple of years was kind of what I understood from you. Yeah, that's we put a limit on that for right now. I just feel like because there are some, you know, neighbors there.

But if we get if he comes in off the road city, came from Kansas City, dumped off the load and comes back, can't expect him to set some place at 10:00 night. pull in park. So, I mean, it isn't like they're in there working and come in, park the trucks, get out. It's not necessarily a business type business to where they've got, you know,

right? I was just thinking like they coming and they can't then you're going to stop those later. That's just it's mainly just a short-term storage. Correct. It's not a shop. It's not a Yeah, that's what I was talking with the minimal amount of trucks that we were talking. I guess that's why according to him, they want that's why they want the building because they won't park the trucks inside the building pull their maintenance off. Okay, Pat, are you hearing us clear?

Yeah. What's uh the 21 days? Uh what if they go past the 21 days? Do they get another conditional use permit? Why? Why 21 days? Are you reading the letter from a from a concerned citizen? No, I'm just looking at the the ordinance.

No more than 21 days. Who's going to monitor that? Yeah. So there's a in our zoning ordinance there's if you have a truck sitting there for 21 days or longer I'm assuming you'd be you'd be the potential to come back in front of the board ask for a different bar or different use or be fined. Would that be accurate?

Well yeah the first step in it would be we would send a fiveday letter stating hey sitting on the property for longer than 21 days consecutively in a row. I mean at that I think at that point in time he would probably or he would be expressing to us that he's struggling with his business and would need to either modify and or um look for a different location because that's what really defines out the short-term aspect of it is that rotation of coming and going there if you're longer than 21 days and it flips over to that longterm vehicle storage that is not allowable use. Just for clarification, once the vehicle pulls out, put on the road and comes back in the 21 days starts over,

right? It's a lot like the flood plane management aspect of things where you have to pull things in and out every 90 days, but it does not necessarily stipulate how exactly how long you have to pull it out there and back or how far it has to go because the street, right? And that's all going to be per your staff recommendations. That's already in there with your first staff recommendations.

Yeah. Okay. I think we more discussion. Did that answer your question on that Pat? So yeah. Okay.

Is there any motion out there? I'll make a motion to approve the conditions stated in the yes staff report. A motion.

I'll second. Have a second from Heather. So, I get a roll call, please.

Like, yes. Collins. Yes. Okay. Thank you. So that's per staff recommendations. We covered most of the basis on that. We should be good to go.

Um so you'll receive a resolution from us with contact us before printed off and cut cut off separately. So that's why I'm having a hard time. Okay. Course this time we combined the other application so that approved the other application be split. Correct. So we're going to do a little bit different and this is related to the difference of there would be a little bit difference of the conditions on here because this is going to be related to his tree service. So you might currently in operate is a saw everything operations out there now. So if you want this time we'll listen to the second on 2604 applicants presentation.

Hello Brandon Wigington with Wigington Tree Service. Um all we're looking to do just shift our operations down to the middle or the end parcel. We're still planning to leave it for sale. Uh so we're not going to be moving with permanent structures on it for right now future but we're just simply looking for uh temporary storage like 20 but just to keep operation running we are planning on moving to different areas but yeah that's all we don't do logging we don't have a saw anymore I sold all that stuff so just tree service.

So, you're just looking at being able to store your your own vehicles on your own land. Yes, sir. Yeah. We don't we need we don't need a parcel that huge for what we want to do. That's why I'm like, I'll leave it for sale. Something's flat and cool. We'll ship somewhere else. We just need a parking lot and a couple trucks. Okay. Okay. Is there any public comment on the 264 applicant? Okay, this Do I get a motion to close the public hearing? Public hearing? A motion to close. Motion from Ted. Second.

Second from Heather to close public hearing. Okay. Now the staff report Matt. So it would be to approve uh the CU for vehicle storage shortterm and with the following conditions. Number one would be is that the approval is conditional based on the owners gaining approval to split the property into a two part. Uh that the applicant will submit for building permits for any structures assigned to be built or placed on the property. that the site will be designed in conformance with Mles County codes for site experencings and buffering. Any vehicles stored on the property will be for use and serviceable of the applicant's tree service. And number five is that no tree debris will be brought back to the property based following findings of fact. Number one is that the subject property is located in the class AR a agricultural residential district zoning ordinance adopted in conjunction with the land use plan stipulate that it is a permitted conditional use in the district and that the condition is not the conditional use is not seen to have any negative impacts on the surrounding property.

Okay, thank you Matt. I think does everybody understand Pat? Does uh everything make sense on this applicant? Yeah, I think so. Looks to me like he's just taking his equipment that he has parked there now doesn't have the same business that he once had and he's has to he has underneath the same conditions that he has to have the stuff moved and he can't have junk and he can't have stuff like that parked on there. It's got to all be an optical type service. Yeah.

Okay. Is there a board discussion? the same time. Okay. Is there a board action? A motion to approve with the report. We have a motion for to approve with staff recommendations. Is there a second? A second. Okay. I get a roll call, please. Gentlemen, yes. Voca, yes. Mike, yes.

Collins, yes. Okay, thank you.

Okay, there any new business? No new business for you. The other thing I get off of is that the ISU extension class is coming back around again. If anybody has any interest in it attending, that's the one where they go over what it means to be on the planning commission, what it means to be on zoning board of adjustment. Um, if you've been to it once, it's kind of it is pretty well the same thing. It'll be I think they're holding it up in council if you can hear of that class. Evening a day. Is it evening deal? Is that the library? the library this year. Sorry.

We did have an application come in today or yesterday actually. So, um position no but next month. Next month. We will have a meeting next month. Great. Let us know if you're interested in that class so we can send out the link to I'll just send it out. Okay. Can I get a motion for the meeting to be adjourned? A motion to adjourn. Thank you, Ted. Is there a second? I'll second it. You guys were on in sequence today. Okay. Thank you guys. Thank you everybody. Thanks for joining us. Thanks. Ch.