Zoning Board of Adjustment - Regular Meeting

Oh, this All right, everybody. Good evening. Today is June 17th, 2025. The Mills County Zoning Board of Adjustment. Can we get a roll call, please? Collins here. Gold Coast here. Like here. Warren here. Damon here. Thank you. Can I get a review action and approval of the current meeting agenda? Motion to approve. Motion. I'll second. Thank you. I can review action and approval of the previous meeting minutes. Look to approve. Okay. Thanks. Second. All right. Okay. Tonight's new business is a discussion and formal action on conditional use permit application 25-04 for a personal service use of a chiropractic, massage therapy, and yoga at the property at 27816 Paddock Avenue, Malvin in the RS Township in the AR zoning district. So that's agricultural residential zoning district. If the applicants ready, you can please come up to the podium and have a presentation. Hi, I'm Lill and I don't have really a presentation other than um I brought some services and just it's chiropractic massaging yoga therapy um and so I've been teaching yoga for probably 207 years mainly to kids um and the specialty is also for cancer and cardiac patients and And so it's more um one-on-one medical yoga therapy with adults or people with

cancer. Um so it's not like a large group of people. I guess that's not my style. Although at times I do teach kid yoga which can be 10 to 12 in a group. Um and then so for the massage it's basic things like Swedish massage. Um, and then I'm a nationally massage board certified massage therapist. Chiropractic gets to stay as positive. So along with my husband that's a licensed chiropractor. So I would be doing things that I've been doing already for decades which would be pregnancy massage, you know, just hot stone massage and things like that. Um and there are um going along with yoga meditation um guided atmosphere. [Music] At this time, if there's any public comments, please come up to the the podium and state your name and any comment that you may have. Okay. Doesn't appear that there's any public comment. Was there any letters or anything? No letters or anything? Okay. If we could hear the staff report, that would be great. The staff recommendation on this one would be to approve the application for the conditional use for personal services chiropractic massage and yoga with the following conditions. Uh hours of operation is limited to Monday to Friday 8:00 a.m. to 700 p.m. Saturday 8:00 a.m. to 12:00 p.m. Uh yoga classes would be limited to 15 individuals of the facility. If this happens to move

indoors to any of the buildings on the property, they would need to be reviewed by an engineer to make sure that they meet Mills County building codes. Uh number four is that the septic system uh be reviewed to environmental health. Make sure that meets the demands of conditioning. This is based on the following findings. In fact, personal services is a listed conditional use in the Mills County zoning ordinance which is adopted in conjunction with the land use plan. the above conditions will limit the impact of the neighboring properties and that the traffic usage for this is minimal impact. Okay. Thank you, Matt. Okay. At this time, we're going to go into board discussion. It appears this fits the matrix. There's nobody here to speak in oppose of it. Only question I would have and I'm assuming this fits with your the number three that the facility will need to be reviewed by an engineer that meets Mills County building code would be for exits anything like that. Is that what that would mean? All all the safety issues and stuff like that. Okay. Um I don't see any issue with it at all. Um I don't know if the board has any additional So Matt kind of confused me when you said should the surfaces move in inside. So, are your services There you are. Are your services outside now or right now? I haven't been doing them. Um, I mean, I'm also a school teacher, so I do things in the school and I do things, you know, around, but and it is nice right now. I would definitely want to do it inside in December. So, um, or if it's in raining, you know, it's summer and the weather is nice, it's preferred to do it outside, preferable to do the yoga outside, maybe massage, but um, definitely inside. So, is it safe to say it could be either inside or outside? Yeah. Is that follow all of the

conditions? There's Yeah, it would just make, you know, if it's oneonone yoga retreat, somebody has to do it, it's one thing. Um it's another thing if you're going to bring 15 and put them in one space. We just want to make sure that fire code wise can they get out of it in the event and you sorry Matt and you can you come back to the podium please? Yeah sorry okay so you you understand that if you're going to have 15 people in your facility that the Mills County engineer or building inspector whoever it may be is going to review it and say okay you may need additional doors additional right okay fire alarms something like that. Well, it would be just correct. It would be there. They would go get an engineer. You would you would have to hire an engineer to meet our code. So, I need to do that's I need to do a floor plan of it and they call it a code path sheet to it. So, they do the floor they do the floor plan on whatever space you're going to do and then they they'll do the they'll lay out the code path for it. See, maybe you just have a single door right now that swings in, right? Well, they may tell you that, hey, you have to put in a double door that swings out. Okay. Safety. Okay. Will these things be in writing or not? Yes, they'll be in writing for you. I just want to make sure you understand it. Thank you. As per board, as per zoning officials recommendation, I make a motion to approve. Okay. So, there's a motion to approve by Pat uh with the board recommend or I'm sorry, with staff recommendations. I'll second that. Okay. So, we have a motion by Pat and a second by Jenny. And I get roll call, please. Collins, yes. Yes. Ike, yes. Warren, yes. Gentlemen, yes. Okay. Thank you. So, you'll get you'll receive something from the zoning board of adjustment in the mail in the next couple weeks. Yeah. Well, you can sign otherwise. Okay.

I have held on. Would I be able to advertise for future like in a month from now or would I should I wait? I can email you a copy of it. Okay. All right. Okay. Thank you. Thank you. Hope I see you guys have class. Okay. The second item of new business will be the discussion in formal active zoning variance permit application 25-05 for the proposed variance in the rear setback for the construction of a residential accessory structure at the property addressed 58268 Kedra Glenwood in Glow Township. It's in the AR residential zoning district. If the applicant's ready, you can come up and presentation. Thank you. Yeah, thank you. Good evening here. Uh I actually wrote so Deb and I my wife Deb are here tonight for your review of our request for a 10-ft easement from the back of our property in order to construct a new utility shed which will replace a building which has been near our neighbor's property line since we moved to Kid Road in 1992. We've had no issues with any of our neighbors on any of our boundary lines, including this west line uh during that time. Couple of old wooden text posts that were there before we moved in 33 years ago that been serving as that line. But since we wanted to replace the old building with a new structure, we had our entire property uh surveyed and the fence posts were actually pretty close to the boundary that uh that they came up with. So in order to conform the county regulations, meet our specifications for our new structure, and avoid running into our current septic tank, we are requesting a 10-ft

easement. uh new utility shed at 30 by 40 feet would be slightly larger than the old building, but it's 30 by 20. The peak height of 18 ft would be slightly higher than the 16 ft of the former bed. So really not a lot of difference uh just newer and a different setback. So 33 years ago it's for more than 33 years it sat 24 in from our property line and uh we're asking or requesting for a 10-ft easement and uh that would solve a lot of the issues for us with the septic tank and things like that. Okay, thank you. And now we'll move into public comment if there's any public comment on this. Is there any rent letters or thank you? And we will now move into staff report please. The staff committ would be to approve the application for the variance based on the following findings. back the property of the site placement of 12 unnecessary hardship to move locations. The property owners are requesting the variance prior to starting the replacement process and the reduction in the setback will not affect the neighboring properties air light access or which would say that they're asking for not even quite half of the 50%. They're asking for 10p. Correct. Right. Well, we have these come up almost five or six times a year and it's pretty tough once we've opened up the can of

variances allowance. So, u I think that fits the category well enough. right now. Yeah, this the state law is changing and we'll talk about it relating to to the practical difficulty aspect versus having to prove a hardship for it. And so um practical difficulties aren't necessarily defined out. So if they were to come in next month, would they necessarily be looking at this actual hardship or not? That's why um I went with the approval. Gotcha. They come in next month things are changing. Yeah. Yeah. I don't know. I think it's subject to become orange. Yeah. Yeah. And and and if I understand it right, at one time you had a building that was 24 inches away from it. The existing is 24 in. Okay. So, was there a motion? I'll move to a motion by Ted. Second. And we have a second by Pat. So, we have a motion by Ted to to uh approve per staff recommendations and a second by Ted. Can I get a roll call, please? Collins, yes. Vula, yes. White, yes. Warren, yes. Gentlemen, yes. Okay, thank you. You'll receive something also from Thank you. You bet. Have a great day. Maybe that's what it is. Break or something. You're being serious. I know. All right. And the third item up for business would be the discussion and formal action on zoning variance permit application 25-06 with the proposed variance over the

front setback for the construction of many storage units at the property address at 26763 US highway 34 Lynwood and center township within the commercial commercial highway oriented zoning district. If the applicant is ready, we ready for your presentation. Uh hello there, Henry Clark with Iowa. My wife Sandy Gerard Highway 34 currently along the fence line along 34 park. What I'd like to do is move them out and then if you've ever seen them, we have color brand new They're cleaning the branch out inside. Uh, in order to maintain my driveway, I can only use about one foot set back. I move too far and there's not enough room to drive other cars. Uh, from a safety standpoint, that spot sits 10 to 15 foot above 34. Okay. So, from a crash standpoint, they'd have to go through the side ditch and up the hill. Uh, from a view standpoint, our entrance on our property is at the other end of the property. So, wouldn't block the view one way or the other highway. There's no per block there. Uh they're all the same color. Sometime instead of a beige beige actually matches our storage units also. It's the same color. Sometime they come in gray. If I need to, I can paint the back beige. So it's the same color. There's a security fence and then uh so again the only reason I'm asking is I don't

have the room to move forward. I can't it's 10 foot or 20 foot and still maintain. So, but that's really it. Got any questions? Let me know. Otherwise, thank you for your time. Okay. Thank you. At this time, we'll move into public comment. If there's any public comment on this any written list, it's okay. Can I have the staff report please? Staff recommendation on this is to approve the variance with the following conditions and that is that the containers would all be painted a neutral continuous color. Uh it's based on the following findings of fact number one the topography of the site is elevated from the roadway. This would improve the site by eliminate the parking and storage of building on the fencing. Uh the owners of the property are requesting variance prior to starting the replacement to ensure compliance and reduction in setbacks will not property look forward to set. Can I add one more thing on that? This is a personal property. It's not real property. What I mean by that is not fixed to that's what I was getting said that's expanded Henry discussion yeah we're question what the actual amount it says clap Clint is requesting a 24 foot front yard setback what's that's the normal setback and we can go 50% of that so what are the numbers here what am I missing so he wants to go all the way down to a one foot setback so he's requesting ing a 24 foot variance in that distance. So, what's the what's the what's the normal

setback? 25. 25. And he wants to go 24. I thought we couldn't go more than 50%. [Music] But all the other ones we did, we couldn't go more than 50%. Remember the one we just did last meeting? We had the garage you wanted to do with the trees. We couldn't go more than 50% there. on the one with the garage with the trees out there. Well, what am I missing here? I I thought that the zoning law says the variance you can only do 50% reduction in setback. Am I off track here? board members. That's right. Okay. How could we approve that? If it's not Well, let's And I understand what you're saying, Pat. We can we can talk about that here in a second. I I want to get my topography or my layout correctly on this map. Henry, could you come up here real quick and just show me where these containers are going? I think this is going to be a mute point possibly. So, is your container going to be right here? about where the cars are. Right there. Yeah. The car is a little bit right where my fingernail is. Like right here. Right there. Well, that's where the cars are. Yeah. And it's going this way, not that way. Yeah. It's not going this either. So, you're you're doing something like this. Right. So, where your cars are now because they're movable can sit there.

Correct. And a container Yes. is movable. So anywhere else that's why I brought up that there. No, I I understand it's not it doesn't have a footing and it's not to me that is how it could go there. So the 24 feet are is going to the north. It's they're sitting where the cars are now, which would be this is a great picture if you look at this. Yeah. Sorry. I was trying to see where you were drawing on the north side. Uh yeah, that is one. Yes. Where the cars, where the blue line is, where the cars are now is now going to become a container. It's right on the property line out of the county ement as well. And the reason why, in my opinion, they can be put there is because of the movable. It's something that you put on a hook truck and pull up. Right. I guess I don't see any difference in the car or the container container stand there versus agree that I mean I'm just talking but if it was a shed it could go that's that's the way I would read it with your 12 and a half foot on a 25 foot set p it says right here the zoning board of adjustment may permit exceptions to any setback such exception does not exceed 50% of the particular requirement particular limitation or number in question. Matt, was he in violation by having these cars parked there in that spot before? No, not then. The containers would would be the same thing as the cars. Well, when he puts all those containers down, we do make him get a permit to put all those containers down. So, we're permitting as a structure being there. They're not, you're right, they're not tied down to the the ground. But um I guess what I'm saying is I'd be lerary about placing

there saying, "Well, it's not necessarily something that structure we're not going to grant a permit to it because then you're going to wind up with them all over there." Well, I guess what I'm looking at is these containers are not exceeding any closer to 34th than the cars will. They're not any closer to 34 than what these cars are sitting here right now. Right. So, what difference does it make? I mean, I I can't see any reason not to impro improve it is what I'm saying. So, you're saying the cars are already past the setback? Well, your cars don't have a setback on, right? They can park in that because then right away because there, you know, car is meant to be on wheels. You can start it up and go, take off with it. A little bit different scenario. I understand where your your trick artist is. everybody putting them all over their yards everywhere, right? Which you don't. And so because like even if you were to set a shed there, right, you still have to meet that setback distance to it. So containers really have to be the difference if you're going to set a shed or a building there. You can park a car. Sure. It is it was that was a caught that 50% mark on there. I did not see that. So I don't know how we can do that. If we do, we open up Pandora's box. Everybody's going to come up. Well, you already give him a setback. more than 50% we want it too. Especially if you have a permit process where he's going to have to apply for a permit and say that it's some sort of a structure when it's really not. How could you approve that? What is the permit that he gets for that? So that could be no is it what what's the reasoning why they're that we get a uh he has to apply for a permit to put those there. So when a on normal on a building permit right the platform it's got these setbacks on there when he goes to set these down they're all set right next to one another so it becomes one structure

but still that structure would be well past 50%. If if we approve it like Yeah, I don't think we want cross that% mark. I think we should approve it for 12 and a half ft and then we're covered. We given the 50%. We're not we're not making new ground for more confict conflict later. I agree. Can I throw out a thought on this? What? Can I throw out a thought on this? Yeah. Go ahead. Again, this is personal property, which means it's not real property. It's not a building. I do have to do a building permit. That's more for what are you doing dirt work? What are you putting there? Okay. I would actually contest me doing a building permit for car chambers. Okay. So, I would look at that and see if we get to that point. And if not, hey, no, Henry, it's a building. Okay. Now, is it only doable in a commercial setting? Oh, no. We got a problem with the house here in town. I'll leave y'all to that. Y'all know that once you open the door, it's open. You know, this is different. I would ask y'all to make that consideration. It I mean, there it is. It's really no different than when you go to premier sheds or whatever. you get a premier bed and you're going to place on your property and it's a structure and even though it's a prefab construction, right? It's already done. You didn't put a nail in the thing when it gets set down in the property is a building permit gets placed there. Okay. I still don't think that's valid. What's that setback right now on this map from the rightway of 34?

at the blue line. Is that where the setback is? No, that blue line is that's his property line. The rest is a county. So you'd be So you're 12 and a half ft in Pat is where you'd want to be is what you're saying. It's what I think we should do. Yeah. I mean, if you take it, move it 24 feet. You're got a one foot setback, right? My question is why? Why? The cars are sitting there. So they can set in the right away. I I say keep the set back here and if he wants to go in front of that setback then then then he's then he's liable and we aren't we aren't liable. I think he cross that 50% marking in front of that line and no one's causing any issues. Worked in front of the 12 and 1/2t line. someone comes back and sues the county, they can't. We We did not We did not break our zoning laws. Okay. Yeah, I can see I can see both every side of it. I can see the side of you, we've always been 50%, we've never varied from that. I can also see the fact that there's cars there now, but you're telling me if you put tough sheds there, that would be a structure. I can understand that these storage units would be a structure. You slap wheels on the license plate on there. You can park there. Yeah, that's the whole Yeah. Let me ask you a question. Can you put the storage sheds or the conx boxes on the property line on one of the other sides of your property? by adjusting everything that's around on there

uh be able to accomplish the same thing. The simple answer physical is yes. The economic is no. On this side is built for 20 foot parking. On the other side built for 40 foot. What about what about if you build it along the south side? That actually on the south side it's 40 foot apart. Well, we can do two things, guys. We can more than likely uh we could either table it so he would have time to maybe readjust a map if he would like to, or two, we'd have to stick to the 50% rule. I don't see we have a choice. We have to follow the law. The zoning in our county. It's gray area. We got to follow the law. And does this requirement of the 50% reduction in the commercial area to the commercial highway? It's in all. It's in all of them. So I would make the motion that we allow set back 12 and a half ft and with the conditions of our zoning official map. Okay, we have a motion from half to get on the red to allow a 12 and a half foot is 50% right that's 50%. Okay. Excuse

me. Did you I apologize, sir. Did you make a motion for one foot and vote on that? Yes. If you don't mind, just make a motion on the one foot and you vote again. Oh, if you want a basically move to a 24 foot, you want a one foot set back instead of 25. I'd like y'all to vote on one foot set back. I would make a motion that we don't approve it then if that's what you want. That's fine. Okay. So, we have a motion by Pat to not approve the 24th. Is there a second? I'll second that. Have a second from Jenny. Can I get a roll call, please? Collins. No. Like, yes. Warren, yes. Gentlemen, yes. Thank you very much for your time and consideration. Move out of that one. It's inclusion other business. That's it. On top right page right here. Is there any other business at this

time? So, I have two things for other business tonight. The first one in your package, we talked a little bit about this is the state of Iowa has made some code changes at their level. We'll also make some changes here to make sure that we're in line with what they're saying. And in your zoning board of adjustment u ordinance sections on chap zoning ordinance here it says right now that you have to have a hardship in order to be able to a variance. They changed that language now to be practical difficulty and there is no Iowa case law on that yet. I did check with county attorney's office down here. John did a little search. Uh so I found some documents in here. The top one comes out of the state of New York. Uh but it does try to describe out the difference between a hardship and a practical difficulty. And I think we'll just have to be somewhat cautious as we approach these in the meetings to make sure that we're just kind of trying to stay somewhat consistent with them as they come in and request their variance what is a practical difficulty because we're going out down here as long as every other county in the state is going to be setting it up just and then uh I don't think I'll roll the chat GBT or not but there's an AI version of what unnecessary hardship would mean in their practical difficulties as well. That's kind of the second two pages to that. This is going to give you some examples of what we could potentially be looking at as we're trying to figure out what constitutes a practical difficulty. [Music] Well, I understand it's I mean to me I know containers I mean that would look better but looking at you know Elmer Thud or somebody coming in and throwing 70 of those against his property line somewhere

in Pony Creek or wherever would be parkplace addition any and then uh the second thing is is that the board of supervisors has been receiving some complaints about the loan bill out 34 and in reviewing the documents from what so the existing landfill predates zoning it's grandfathered to what it is right DNR is regulating it through their permit process that they have but we issued a conditional use permit to them uh on the expansion to the east side there in in that documentation it said that the zoning board adjustment was going to have them come back in in one year's time to kind of review where they were at on that process and that you know with the staff changes that were going on that got missed. So I think that was 2020 the permit got granted in 2021 it was supposed to be in review or maybe it's been done in years. Yeah. So um I would just like to make sure that you guys are okay. I'm going to formally request that the zoning board adjustment is asking them to come back in and give us an update on where they're at so we can review their conditional use permit with make sure that it is still on alignment to what is needed. I would like to kind of use that chance with them to say that we need some better management on the side that you have going there uh to address some of these complaints, which it sounds like, you know, they have worked in the past to address some of those complaints uh to make sure that we're good still moving ahead with this conditional use permit that they have. I mean, they have the conditional use permit. Um, it would take board action from you all to revoke that conditional use permit from them, but we do have you do have the opportunity for oversight there to say have you come back in some things out. I remember that meeting well and those were pretty specific conditions that they had to do. I think it was we'll have that all documented, right? Yeah, it was as much as we can from the

records that we have. Yeah, we'll have all the the conditions that were aligned. We will have that all set out, but the followup to those things is where we're kind of stuck at. So, do we want to set a meeting now or is this something you're going to approach and let us know? I will let So, I'm going to try to get them to come in for the July meeting. If they tell me for whatever reason they can't be here for the July meeting, then I think, you know, August is about as far out as we're going to be. they need to get in here when we ask them to because I want them to make sure that they know you all are kind of you all are uh the authority on that conditional use permit. So it's if you guys ask them to come back in come back in. Is there a moment for public input? Um how about we do it after this meeting since it wasn't on the agenda? So Aubrey um would Aubrey I'm sorry meeting be on the 15th then if we have one that's the third Tuesday. Yes. And I'll I know for act on that but I would also have to recuse myself at on that anyway because we're u currently have a big contract at the landfill. Oh yes. So, so I'm just letting you know that me not being in here. I I can I can still run the meeting from us. I'll be in Fargo, North Dakota. I I can run it. I just, you know, be able to vote and put particulars on it. You have any others that are right now in pending? We do. We do have one. So, we're going to have a meeting next month. Yeah. Okay. So, is there any other business? Okay. So, at this time, is there a motion to be adjourned? I'll make a motion. We have a motion by that. Second

by Jenny. Okay. Jenny slash. Okay. Now, if let's give a let's give a uh Henry