HomeMy WebLinkAboutBOA Packet 5.8.19IOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, May 8, 2019 – 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
AGENDA
A. Call to Order
B. Roll Call
C. Consider the April 10, 2019 minutes
D. Special Exception Item
1. EXC19-04: An application submitted by Faith Baptist Church for a special exception
to allow for an approximately 2,6000 square-foot addition onto the existing Church
located in a Medium Density Single Family Residential (RS-8) Zone with a Planned
Development Overlay (OPD) located at 1251 Village Road.
G. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, June 12, 2019
If you will need disability-related accommodations in order to participate in this meeting, please
contact Jesi Lile, Urban Planning at 319-356-5240 or at jessica-lile@iowa-city.org. Early
requests are strongly encouraged to allow sufficient time to meet your access needs.
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STAFF REPORT
To: Board of Adjustment Prepared by: Jesi Lile, Associate Planner
Item: EXC19-04 Date: May 8, 2019
1251 Village Rd
Parcel Number: 1013452001
GENERAL INFORMATION:
Applicant/Property Owner: Faith Baptist Church
1251 Village Rd
Iowa City, IA 52240
(319)338-6762
Faithbaptist.iowacity@gmail.com
Contact Person: Tim Waldron
(319)471-8029
Faithbaptist.pastortim@gmail.com
Requested Action: Special Exception for Religious Assembly in a
Medium Density Single Family Residential (RS-8)
Zone with a Planned Development Overlay
Purpose: To allow for an approximately 2,600 square-foot
addition onto the existing Faith Baptist
Church in a Residential Zone
Location: 1251 Village Rd.
Location Map:
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Size: 1.97 acres
Existing Land Use and Zoning: Religious Assembly; Medium Density Single Family
Residential (RS-8) with a Planned Development
Overlay (OPD)
Surrounding Land Use and Zoning: North: Residential; Medium Density Single
Family Residential (RS-8) with a Planned
Development Overlay (OPD)
East: Residential; Medium Density Single
Family Residential (RS-8) with a Planned
Development Overlay (OPD)
South: Residential; Low Density Single Family
Residential (RS-5)
West: Residential; Medium Density Single
Family Residential (RS-8) with a Planned
Development Overlay (OPD)
Applicable Code Sections: 14-4B-4D(17), Specific Criteria for Religious/Private
Group Assembly
14-4B-3A, Approval Criteria for Special Exceptions
File Date: April 5, 2019
BACKGROUND:
Faith Baptist Church is seeking a special exception to expand their current facility located at
1251 Village Road. The property is zoned Medium Density Single Family Residential (RS-8)
with a Planned Development Overlay (OPD). Religious/Private Group Assembly uses are
allowed in residential zones by special exception and can add additions of less than 500 square
feet that may be approved through the minor modification process. This proposed addition is a
2-story, 2,600 square foot addition onto the existing building in order to construct two new
classrooms, additional restrooms, and to add an elevator. Because of the size of the proposed
addition, it is considered an expansion and must go through the special exception process.
The proposed expansion is located on the southeast corner of the building visible from the
street and adjacent residential uses, especially those to the south. The proposed addition will
also raise the roofline of the existing building, changing visibility from the road and to
surrounding neighbors. The applicant also proposes site improvements that involve paving part
of the current gravel parking lot on the south side of the building, as well as bringing the site up
to code in terms of landscaping and screening.
The applicant hosted a Good Neighbor Meeting on April 30, 2019. Two neighbors attended with
questions and concerns about potential stormwater management issues. Pastor Waldron was
able to address the neighbors’ concerns, and the plans submitted to City Staff have a
stormwater management facilities in place that are being reviewed by Public Works Staff.
ANALYSIS:
The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare;
to conserve and protect the value of property throughout the city; and to encourage the most
appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of
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property in a manner that does not intrude upon adjacent property. The Board may grant the
requested special exception if the requested action is found to be in accordance with the specific
criteria included for Section 14-4B-4D(17) pertaining to Religious/Private Group Assembly Uses
in the RS-8 zone, as well as the General Standards laid out in Section 14-4B-3.
In order for the Board of Adjustments to grant this special exception request, each of the
following criterion below must be met. The burden of proof is on the applicant, and their
comments regarding each criterion may be found on the attached application. Staff comments
regarding each criterion are set below.
Specific Standards: 14-4B-4D-17: Specific Criteria for Religious/Private Group Assembly
in the RS-8 Zone:
a. The following setbacks are required in lieu of the setbacks specified in the base zone.
However, the board of adjustment may reduce these setbacks, subject to the approval
criteria for setback adjustments as specified in subsection 14-2A-4B5, "Adjustments To
Principal Building Setback Requirements", of this title.
(1) Front: Twenty feet (20').
(2) Side: Twenty feet (20').
(3) Rear: Fifty feet (50').
FINDINGS:
•The existing building and proposed addition will meet all required setbacks.
b. The proposed use will be designed to be compatible with adjacent uses. The board of
adjustment will consider aspects of the proposed use, such as the site size, types of
accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location
and amount of paved areas. The board of adjustment may deny the use or aspects of the
use that are deemed out of scale, incompatible, or out of character with surrounding
residential uses, or may require additional measures to mitigate these differences.
Additional requirements may include, but are not limited to, additional screening,
landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and
location and design of buildings.
FINDINGS:
•The current use will not change with the proposed addition.
•The site size, anticipated traffic, setbacks, and types of accessory uses allowed will all
remain the same with the proposed addition.
•The applicant is not expecting new membership with this addition, just adding classroom
space for break-out groups. The main auditorium is not expanding, and is capped with a
maximum occupancy of 292 people.
•The building scale will be larger with the proposed addition, particularity the roofline,
However the applicant will be required to provide additional screening to reduce the
impacts of the building scale.
•The proposed addition will include landscaping and adding pavement on the south side of
the building. Currently, the parking lot on site is entirely gravel.
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c. Given that large parking lots can seriously erode the single-family residential character
of these zones, the board of adjustment will carefully review any requests for parking
spaces beyond the minimum required. The board may limit the number of parking spaces
and the size and location of parking lots, taking into account the availability of on street
parking, the estimated parking demand, and opportunities for shared parking with other
nonresidential uses in the vicinity of the use.
FINDINGS:
•The proposed addition will add eight additional parking spots. The required parking for
Religious Group Assembly Uses is 1/6th of the occupant capacity of the main auditorium,
which is 292 people. The required number of parking spots is 49, and the applicant is
proposing to provide 67 vehicle spots and 4 bicycle parking spots.
•The applicant has submitted plans to pave part of the current gravel parking lot,
bringing it up to City standards. According to 14-4E-8A(2C), Regulation of Non-
Conforming Development, the applicant must bring the site into compliance, with a cap
of 10% of the cost of the proposed structural changes. In this case, the applicant is
proposing to pave part of the parking lot and bring landscaping and screening up to
City Standards at 10% of the cost of the proposed addition. This will provide eight
regular and three ADA compliant parking spaces to the site.
d. The proposed use will not have significant adverse effects on the livability of nearby
residential uses due to noise, glare from lights, late night operations, odors, and litter.
FINDINGS:
•Faith Baptist has limited hours of operation with services throughout the day Sunday and
into the early evening, as well as on Wednesday evenings. Most events take place inside
and are not typically noisy or disruptive to neighbors, especially late at night.
•The proposed addition will not change the amount of noise, lights, hours of operation,
odors and litter from the site currently.
e. The building official may grant approval for the following modifications to a
religious/private group assembly use, without approval from the board of adjustment,
upon written findings that the modification will not be detrimental to the public health,
safety, or welfare, or be injurious to the other property or improvements in the vicinity
and in the zone in which the property is located:
(1) An accessory storage building less than five hundred (500) square feet in size.
(2) A building addition of less than five hundred (500) square feet, provided the addition
does not increase the occupancy load of the building.
FINDINGS:
•The proposed addition is more than 500 square feet and not eligible for the minor
modification process; thus must go before the Board of Adjustment.
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f. If the proposed use is located in a residential zone or in the central planning district, it
must comply with the multi-family site development standards as set forth in section 14-
2B-6 of this title.
FINDINGS:
•The church is located in a residential zone, and must conform to all multi-family site
development standards, which will be verified during the site plan review process.
General Standards: 14-4B-3: Special Exception Review Requirements:
In order for the Board of Adjustments to grant this special exception request, each of the
following criterion below must be met. The burden of proof is on the applicant, and their
comments regarding each criterion may be found on the attached application. Staff comments
regarding each criterion are set below.
1.The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
•The church has operated in this location since the early 1970’s without reported health,
safety, or welfare issues.
•The proposed expansion would not change the function or status of this site.
2.The specific proposed exception will not be injurious to the use and enjoyment of
other property in the immediate vicinity and will not substantially diminish or impair
property values in the neighborhood.
FINDINGS:
•This expansion will not change the use or enjoyment of other property in the
neighborhood, nor will it diminish property values because it is not changing the use
or function of the site.
•The only changes visually will be to the roofline, south entrance, and part of the
parking lot.
•The parking lot improvements will make this property more attractive and more
compliant with the code. The current parking lot does not meet landscaping and
screening requirements. With the proposed site changes, the applicant will be
required to meet the S3 screening standards of the Code where abutting residential
properties.
3.Establishment of the specific proposed exception will not impede the normal and
orderly development and improvement of the surrounding property for uses permitted
in the district in which such property is located.
FINDINGS:
•All of the adjoining property is fully developed.
•Any proposed improvements to adjoining properties will not be impacted by this
expansion as it does not require any setback reductions or impede on neighboring
properties.
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4.Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
FINDINGS:
•The property is currently serviced with adequate utilities and roads, this expansion
will not alter that.
•The proposed site improvements will address drainage issues on the south side of
the property.
•Currently, there are no stormwater protections in place. While paving part of the
parking lot will increase the impervious surface are on the lot, the applicant is
proposing a conveyance to run stormwater to the east and discharge it into the street
rather than flow onto properties to the south.
5. Adequate measures have been or will be taken to provide ingress or egress designed
to minimize traffic congestion on public streets.
FINDINGS:
•Currently, the church operates with two driveways accessing Village Road on either
side of the parking lot, and there are no proposed changes with this expansion.
•There is not any anticipated increase in traffic.
6.Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
FINDINGS:
•The proposed special exception conforms to all setbacks.
•There is no proposed change in use or function, including the number of people
served. The current capacity for the main auditorium is 292 people.
•The current parking lot has adequate space for present use and the expansion would
add new spaces without increasing the allowed maximum capacity of the main
auditorium.
•The proposed site improvements must comply with parking and landscaping
requirements.
7.The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
•Neither the Comprehensive Plan nor Southeast District Plan directly mention
religious institutions, but both address neighborhood stability. This church has been
at this location for decades and continues to make site improvements. This adds to
neighborhood stability and visual attractiveness.
•Both plans mention that religious and private institutional uses can be allowed in any
zoning district through the special exception process.
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STAFF RECOMMENDATION:
Staff recommends approval of EXC19-04, a special exception to allow the expansion of a Religious
Assembly Use in Medium Density Single Family Residential (RS-8) zone with a Planned
Development Overlay (OPD), to build an approximately 2,600 square foot addition on the
existing building in order to add additional classrooms, restrooms, and an elevator with the
following condition:
1.The applicant shall install stormwater management infrastructure as shown on the major
site plan dated January 9, 2019 or equivalent infrastructure subject to review and
approval by the Director of Public Works or a designee.
ATTACHMENTS
1.Location Map
2.Zoning Map
3.Application Materials
4.Major Site Plan
Approved by: _________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
DUNUGGAN CTWELLINGTON DRVIL
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WAKEFIELDCTBRADFORD DR
DOVER STESTHER STDUNUGGAN CTGUILDFORD CT
PARKVIEW AVE
BALFOUR PLESTHER CTEXC19-04Faith Baptist Church - 1251 Village Roadµ
0 0.03 0.060.015 Miles Prepared By: Luke FoelschDate Prepared: April 2019
An application submitted by Faith Baptist Churchfor a special exception allowing an addition toexisting church structure.
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DUNUGGAN CTWELLINGTON DRVIL
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WAKEFIELDCTBRADFORD DR
DOVER STESTHER STDUNUGGAN CTGUILDFORD CT
PARKVIEW AVE
BALFOUR PLESTHER CTEXC19-04Faith Baptist Church - 1251 Village Roadµ
0 0.03 0.060.015 Miles Prepared By: Luke FoelschDate Prepared: April 2019
An application submitted by Faith Baptist Churchfor a special exception allowing an addition toexisting church structure.
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
APRIL 10, 2019 – 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Ernie Cox, Connie Goeb, Ryan Hall, Zephan Hazell, Amy
Pretorius
MEMBERS ABSENT:
STAFF PRESENT: Susan Dulek, Jessica Lile
OTHERS PRESENT: Doug Fern, Dan Broffitt
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
Goeb took roll call.
SPECIAL EXCEPTION ITEM EXC18-00008:
An application submitted by Linda Annis for a special exception to allow for a buildable, non-
conforming lot in the Low Density Single-Family (RS-5) zone single-family zone located
between 409 & 415 Kimball Road in order to build a single family home.
Lile noted this application has been withdrawn.
SPECIAL EXCEPTION ITEM EXC19-01:
An application submitted by Faith Academy for a special exception to allow for an expansion of
a school operating under a previously granted special exception in a Community Commercial
(CC-2) zone located at 1030 Cross Park Avenue.
Lile began the staff report with an aerial view of the building. The zoning map shows the
property is in the CC-2 zone. The proposed expansion would be on the south side of the
building facing the residential areas. In 2013, Faith Academy was granted a special exception
to allow for a General Education Facility in a Community Commercial (CC-2) zone at 1030
Cross Park Avenue to serve 25 kindergarten and 1st grade students. In 2014, Faith Academy
applied for and was granted a special exception to expand the size of the school and add more
children. This was approved with two conditions, one was completion of a sidewalk connection
from the east side of the playground to the school entrance and secondly an enrollment of more
than 105 students or an addition of more than 500 square feet of floor area would be considered
an expansion of the use and would require a new special exception. Lile noted that in 2014
Board of Adjustment
April 10, 2019
Page 2 of 6
they also added an entrance, a west entrance, for van loading and unloading and the east
entrance for parent drop-off and pick-up. In 2016 Parkview Church began a satellite church at
the location as their third location, they were parking on the south side of the building and using
the school entrance and using the gym as a worship place. In November 2018 Parkview
Church purchased the entire building space north of the school that previously housed Stuff
Etc., along with other retailers and the Iowa City Police Department Substation, and plans to
expand Parkview Church into the former Stuff Etc., space.
The proposed request is to expand the square footage of the school from just under 14,000
square feet to just over 15,000 square feet. The special exception is just for the school use
because CC-2 zones permit religious institutions by right. The school does not have any plans
to expand the number of students and are currently at 88 for this school year, the new space will
be a combination of church and school space. The school would continue to use the south
parking lot and entrance and the church will use the north parking lot and entrance. The total
expansion is 27,500 square feet and the school expansion is proposed to include larger
classrooms, school offices, restrooms and a library. The common shared area is proposed to
include a kitchen, more restrooms, and a common room to be used by the school as a lunch
room.
Lile noted the Board of Adjustment is charged with approving with conditions or denying the
application based on what is presented, and to be approved the Board must find the application
meets all the applicable standards and criteria. With regards to the specific standards/criteria:
1. The use will be functionally compatible with surrounding uses and will not inhibit retail and
service uses for which the zone is primarily intended. The board may consider such factors
as site layout, size and scale of the development, and traffic circulation. Lile stated the
building is over 58,000 square feet and 15,100 of that would be Faith Academy, 5,200 would
be for Parkview Church, and 7,200 would be shared common space and then almost 31,000
would be remaining retail space. The only change from retail is using the previous Stuff Etc.
building for the school and church extension. The school entrance is located to the south
side of the building and away from the commercial area and the parking area for student
pick-up and drop-off would remain the same as will the hours of operation.
2. The use must provide a drop off/pick up area in a location that is convenient to, or has good
pedestrian access to, the entrance to the facility. The drop off/pick up area must contain
sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into
adjacent streets or other public rights of way. Lile noted that about half the students are
currently transported to and from school by the school van and are loaded and unloaded at
the western entrance while individual drop-offs use the eastern entrance. This area is a
one-way alley that can hold 12-15 vehicles at a time and they have a safety coordinator both
before and after school to make sure children are safe. Lile added this is also a low traffic
area as it faces residential.
3. The site must be designed to promote safe and convenient pedestrian, bicycle, and
vehicular circulation to the school according to the standards set forth in subsection 14- 2C-
6F, "Pedestrian, Bicycle, And Vehicular Circulation", of this title. Pedestrian walkways must
be established connecting the main entrance(s) of the school to adjacent public sidewalks
and trails. Lile stated that currently about 6-8 children walk to and from school. There are
sidewalks on both sides of the play area that connect the entrance of the school to Cross
Park Avenue and there is also adequate bicycle parking.
Board of Adjustment
April 10, 2019
Page 3 of 6
Lile next discussed the general standards.
1. The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare. The school has been in this location since 2013 with no
reported issues so far, there is also a fenced play area for the children to separate them
from traffic, there is existing sidewalks to Cross Park Avenue and low traffic volumes in the
neighborhood. Finally, the proposed expansion will increase the square footage of the
school but not the number of students attending.
2. The specific proposed exception will not be injurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish or impair property values
in the neighborhood. Faith Academy has been operating in this location since 2013 with a
limited enrollment capacity and limited hours of operation. Also, typically places of worship
and schools are seen as amenities in a neighborhood and do not negatively impact property
values.
3. Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the district
in which such property is located. Lile noted there has been no development issues in the
past six years of operation and there is still viable commercial space in the front. The
school’s entrance faces multi- family residential and is separate from the commercial on the
north.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided. This expansion would not impact the already provided utilities, access roads, and
other necessary facilities.
5. Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets. The Academy will continue to use their safe
and established circulation pattern and since the number of students will remain the same
the transportation system will not be impacted by increases in vehicles, congestion, or drop-
offs.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located. Lile reiterated
the expansion is for the school and doesn’t change the use that is currently there, no new
students past the allowable amount, which is currently capped at 105. Additionally for the
expansion they must apply for building permits and follow all relevant City Codes.
7. The proposed exception will be consistent with the Comprehensive Plan of the City, as
amended. The Comprehensive Plan calls for neighborhood elementary schools as an
integral part of healthy, sustainable neighborhoods as they provide a relationship with the
surrounding neighborhood that facilitates social connections. The South District Plan sees
neighborhood schools, especially elementary schools, as “integral to healthy, sustainable
neighborhoods.”
Staff recommends approval of EXC19-01, a special exception to allow the expansion of a
General Education Facility for approximately 11,000 square feet in a Community Commercial
(CC-2) zone located at 1030 Cross Park Avenue subject to the following condition:
1. An enrollment of more than 105 students or an addition of more than 500 square feet of
floor area will be considered an expansion of use that requires a new special exception.
2. Maintenance of the sidewalk connection along the east side of the playground to the school
entrance that was a condition of the 2014 special exception.
Goeb opened the public hearing.
Board of Adjustment
April 10, 2019
Page 4 of 6
Doug Fern (17 Fairview Knoll, NE) is the Head of School at Faith Academy and wanted to thank
the Board for considering this application. He wanted to emphasize as far as the scope of their
organization there are no plans to increase the scope. Their enrollment is currently at 88, they
are a K-6 grade school and plan to remain that way for the foreseeable future. They cap their
classrooms at 15 students, and see this as a better way to serve the population they currently
are.
Dan Broffitt (221 E. College Street) is with Neumann Munson Architects representing Faith
Academy and Parkview Church. He wanted to clarify just one point, the footprint occupied by
Faith Academy and Parkview Church is going to expand by approximately 13,700 square feet,
however a lot of that space is designated to church and common shared space between the two
and therefore is just over 1,000 square feet in expansion just for the school. They are
considering the sanctuary space as church space, the school likely will use if for assemblies
instead of setting up in the gym as previously done, however the sanctuary space would not be
built if Parkview Church was not also in the space.
Hall asked if the square footage is going to increase for the school is it necessary to expand the
restriction on how many students can attend the school. Lile said staff decided to keep the
restriction at 105 because the school is pretty far away from that now and they don’t plan on
expanding their number of students or classrooms significantly. The expansion is just to have
larger spaces and have better use of the space.
Goeb closed the public hearing.
Hall noted the application seems very straight forward and thanked the staff for being so diligent
with the report. Seems like a good expansion of the space.
Hazell echoed and noted this is a good use of the space vacated by Stuff Etc., and in no way
detracts from the neighborhood.
Pretorius noted there has been a large turnover in retail spaces and it will be nice to have
something here that is sustainable.
Goeb added there is plenty of parking.
Pretorius moves to approve EXC19-01, a special exception to allow the expansion of a
General Education Facility for approximately 11,000 square feet in a Community
Commercial (CC-2) zone located at 1030 Cross Park Avenue subject to the following
condition:
1. An enrollment of more than 105 students or an addition of more than 500 square feet
of floor area will be considered an expansion of use that requires a new special
exception.
2. Maintenance of the sidewalk connection along the east side of the playground to the
school entrance that was a condition of the 2014 special exception.
Hall seconded the motion.
Hall stated that regarding agenda item EXC19-01 he concurs with the findings set forth in the
staff report of April 10, 2019, and conclude the general and specific criteria are satisfied. So
Board of Adjustment
April 10, 2019
Page 5 of 6
unless amended or opposed by another Board member he recommends that the Board adopt
the findings in the staff report as our findings with acceptance of this proposal.
Pretorius seconded the findings.
A vote was taken and the motion carried 5-0.
Goeb stated the motion declared approved, any person who wishes to appeal this decision to a
court of record may do so within 30 days after this decision is filed with the City Clerk’s Office.
BOARD INFORMATION:
Clarification of language involving alternative selection. Lile noted Dulek prepared a memo for
the Board. There were no Board questions. Goeb noted it was all acceptable and others
agreed.
CONSIDER THE FEBRUARY 13, 2019 AND MARCH 13, 2019 MINUTES:
Hall moved to approve the minutes of February 13, 2019 and March 13, 2019, with attendance
corrections. Pretorius seconded the motion.
A vote was taken and the motion carried 5-0.
ADJOURNMENT:
Pretorius moved to adjourn this meeting.
Hazell seconded.
A vote was taken and the motion passed 5-0
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2018-20198
NAME
TERM EXP.
5/09
6/13
8/18
12/12
2/13
3/13
4/10
COX, ERNIE 12/31/2020 -- -- -- -- -- O/E X
GOEB, CONNIE 12/31/2019 X X X X O/E X X
HALL, RYAN 12/31/2022 X X X X X X X
HAZELL, ZEPHAN 12/31/2021 -- -- -- -- X X X
PRETORIUS, AMY 12/31/2023 -- -- -- -- X X X
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member