Minutes-05/07/1981 (2)

stated that Council should consider petition from citizens and that the area is already congested. Roll call vote: Madden, aye; Potter, aye; Spivey, aye; Rohret, nay; Williams, aye. Motion carried. Potter: Could we consider the situation realistically now? Formanek: It is a settled issue. Hoefer: Was there any confusion about vote? Motion denied request completely. Council could vote again if there was confusion about the motion. Councilmembers indicated that they did understand the motion. No need to vote again. Spivey asked that staff report from JCCOG concerning request by Birtcher be read. Clerk read report. Birtcher addressed Council: Ordinance No. 1979-83 was passed in September of 1979. Birtcher stated that she attended public hearing and understood that 255 feet of her property from highway #6 would be zoned commercial use. Feels that there was a mistake made when the zoning map was drawn up. Possible the wrong map was used. Property was not divided at that time. It was one lot which was 255 feet long. Property was divided into two lots in April of 1980. Therefore the map has an arbitrary line drawn through property. Line is not lot line. Not requesting commercial zoning at this time, only R-2, although it should have all been commercial. Formanek: Could grant a variance in regard to lot size if request was approved. Formanek asked for community input. No community input. Madden: Lot must be 90 feet by 140 feet to conform with ordinance. Murray stated that Board of Adjustment could grant a variance. Council cannot approve request until Board of Adjustment grants variance. Formanek: City does not have Board of Adjustment. Murray: City Council could create one by ordinance. Hoefer: City does not have authority to grant a variance according to the Iowa Code. Murray: Board of Adjustment could grant a variance if it is in the spirit of the ordinance. Council must deny request. Board of Adjustment could approve variance. Then Council could approve request. Hoefer stated that she could have ordinance to create a Board of Adjustment ready for the regular meeting on May 13th. Formanek referred to city's current ordinance creating the Planning and Zoning Commission. Ordinance No. 53 states that the Planning and Zoning Commission has the authority to grant a variance.