DENISON APPEAL AND ADJUSTMENT BOARD
MINUTES
Tuesday, October 9, 2012
Council Chambers
The regular meeting of the Denison Appeal and Adjustment Board was held on Tuesday, October 9,
2012. Chairperson Swanson called the meeting to order at 9:02 a.m. with the following members
present: Bonner, Brungardt, Nelson, Swanson Absent: Davis
Also City Staff present: Tracie Miller, Assistant Clerk; Terrence Crawford, City Manager; Robert
Arambula, Code Enforcement Officer; Randy Reis, Building Inspector; Dennis Fineran, Mayor
Also present: Gary Reisz, Patrick Fineran, Charles Stone, Richard Ross, Mike Peterson, Shandra & Chad
Mohr, Rev Rick Torres
Motion Brungardt/Nelson to approve and waive the reading of the September 11, 2012 minutes. Ayes: 3
Abstain: Bonner – not present at previous meeting. Motion carried.
Motion Brungardt/Nelson to approve the Findings and Decisions of the September 11, 2012. Ayes: 3
Abstain: Bonner – not present at previous meeting. Motion carried.
Adjustment request #12-20007 – Chad Mohr – 945 Ridge Road – request is for an adjustment to Zoning
Ordinance 167.16 for an adjustment to property setbacks to allow for construction of a building.
Property owners requested to be tabled at this time until more information can be provided to the
board.
Motion Bonner/Brungardt to table request. Motion carried unanimously.
Adjustment request #2012-20008 – John Pauley – 1009 South Main Street – request is for an adjustment
to Zoning Ordinance 167.14 for an adjustment to property setbacks to allow for construction of a 24’ x
32’ garage.
No written or oral objections were received.
Gary Reisz, Reisz Construction, was representing the property owner. Reisz stated that the setbacks
for AG are much greater than the residential setbacks which surround the property. The building
proposed will be a stick built residential style garage and not a pole building. If granted the request
the building would be 3 ft. back from the neighboring residential structures and without the
adjustment a utility pole would have to be moved.
Argument was made that the owner could be rezoned as residential and as long as the current use of
the property continues (regarding the livestock/farming) it would be allowed in the residential zoning.
A rebuttal came from City Staff stating that if the zoning was changed to residential then he would not
be allowed to build a garage without a residential structure first.
Member Bonner recalled a section in State Code that would trump City Code that allows agricultural
structures to be built anywhere on the property.
Motion Bonner/Nelson to table adjustment request until State Code can be verified. Motion carried
unanimously.
Adjustment request #2012-20009 – Patrick Fineran – 26 Morningside Drive – request is for an
adjustment to Zoning Ordinance 167.16 for an adjustment to property setbacks to allow for
construction of roof structure over existing stoop.
No written or oral objections were received.
Homeowner explained that there had previously been a steel awning on the front of the house which
he took down to install vinyl stone siding and oak door. If is proposing to build a roof to cover the
existing stoop and not to extend over it and the posts for the structure will be attached to the stoop.
Motion Bonner/Nelson to approve the 4 ft. adjustment to the front yard setback to allow for the
construction of the roof structure over the existing stoop. Motion carried unanimously.
Variance/Adjustment request #2012-20010 – American Heritage, Neil Cook – 311 North 12th Street –
variance request tis to allow this property to become a legal non-conforming structure and the
adjustment request is to Zoning Ordinance 167.21 for an adjustment to property setbacks.
No written or oral objections were received.
Board Member Bonner requested to abstain from this request due to his involvement in the current
real estate transaction.
This property falls in line with the Board has done in the past to make the necessary changes from the
down zoning.
Motion Brungardt/Nelson to approve the request become a legal non-conforming structure. Ayes: 3
Abstain: Bonner – involvement in real estate transaction. Motion carried.
City Staff requested on behalf of a citizen to have a special meeting before the November 13th meeting.
Discussion was held on the best available date for all members; deciding on October 19, 2012 at 1:30
p.m. for a Special Called meeting.
Motion Bonner/Nelson to adjourn due to lack of agenda at 9:50 a.m.
Attest:
________________________
Tracie Miller
Assistant Clerk