The Morristown Zoning Board meeting was called to order on Thursday, June 24, 2010 at 7:12 p.m. in the Council Chambers at 402 Division Street South by Chairman, Jim Lonergan.   

Present:  Zoning Board Members, Jim Lonergan Zoning Chairman, Mike O’Rourke, Mark Morris, John Byers Also present was Becky Kuball, City Clerk, and Darrel Hopman 

Absent: Jack Schwichtenberg and Jack Blackmer

Motion was made by O’Rourke, seconded by Morris and carried unanimously to approve the minutes of the May 20, 2010 as printed.

Report on City Council Action Taken at Last Meeting: 
Council is relooking at the Siding, Window, Roof permit fee.

Requests to be Heard: None
 
Carports: Blackmer is still looking into it- tabled until next meeting.

Structures: Blackmer is still looking into it- tabled until next meeting.

Farm animal ordinance 91.04:
Hopman gave an overview of what was discussed at the open public meeting on whether or not the animal ordinance should be changed to allow farm animals in town. Hopman stated “the meeting was run very well” The Ag district were the minority. Hopman said that after the meeting he gave it some thought and agreed that farm animals don’t belong in the residential areas of town, and a limited number of farm animal on Ag ground. Hopman said that it was stated that there was never a complaint about farm animals in all the years that they had animals on their property. The board said they would relook at the new proposed ordinance. Hopman would like a couple of ponies and 4 or 5 chickens.
Morris stated that some of the comments made at the open discussion were:
What if I want a rabbit for a 4-H project?
Manure where does it go?
Manure is being dumped at the compost site already, and that shouldn’t be happening.
Do we need an ordinance on cleaning out manure and where it goes?
Smell
Comment that not everyone will take care of their animals 
Comment on quickness of ordinance being pasted.
We are a small town, not a big city.
List of small cities that allow small animals
City council member not comfortable with residential, but may be able to look at Ag.

Fences 
Kids 
Who polices the farm animals and farms?
Hopman thought that the zoning administrator would inspect.
Hopman thought about the comments about those responsible to take care of their animal, so took a lot of it out of the ordinance that dealt with the residential areas.
Byers questioned minimum setbacks and what size buildings are going to be allowed.
Hopman questioned the use of a variance. 
Byers said that a variance is only supposed to be used in a hardship situation and that they are given out to much for things that are not considered a hardship.
Public Hearings:  none
 

Unfinished Business: 
92.21 nuisance ordinance O’Rourke stated “why would we extend a permit if they don’t work on it.”
Morris questioned who is the inspector and questioned if police take care of this. 
It was suggested that the city council is responsible for policing the nuisance. 92.24 recovery of cost if the city goes ahead and fixes some of the issues on the houses in town, the ordinance reads (a) personal liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the cost has been completed the cost determined, the City Clerk/Treasurer or other official shall prepare a bill for the cost and mail it to the owner. The amount shall be immediately due and payable at the office of the City Clerk/Treasurer.
There are several properties in town that need addressing
Zoning is wondering if the City could send them out notices to enforce that they are in violation of city ordinances.
Motion by Morris seconded by O’Rourke and motion carries to bring to the council a recommendation to send out letters addressing the nuisance violations of Ordinance 92.21 to the following residences:
207 Main Street W-Siding
109 Franklin St. W-Boarded up Windows
105 1st St. NE-Siding
302 Bloomer St. W-Boarded up window
Along with unfinished driveways at:
503 3rd St. SW
306 2nd St. SW
106 Franklin St. W

It was decided to add a description of work materials list to the zoning permit.

New Business:
Zoning permit approval: It was decided to leave the approval of Utility sheds, fences and decks as it is with Byers making the approval between meetings, but all other permits need to come through the board.

Zoning permit: 
Byers approved permits for Livingston-privacy fence, Ryman-utility shed, and Schmidtke-fence.

Motion my O’Rourke seconded by Morris motion carries to approve permit for Schwichtenberg garage.

O’Rourke questioned if there is anything in the ordinance book that states a structure has to fit in with a certain area. O’Rourke questioned if the covenant in Meschke addition is still in force. Habitat for Humanity has bought seven properties in the addition. O’Rourke is wondering if the city has any control over how properties are built in the addition. There is some concern from property owners in the addition that do not want houses that do not meet the standards of the addition. Morris will go and talk to Meschke and see if he has any answers on this matter or if he has any control with the covenant.
 
Hruska Permit: send a letter stating permit is expiring.

Zoning Administrator’s report: 
Byers stated that Orman Kalien did not need a permit for the repair of his garage.
Historical Society permit has expired for the school house, send a letter and let them know.

Motioned by Morris seconded by O’Rourke and carried unanimously to adjourn at 9:40 p.m.
 
 
 
 

Becky Kuball
City Clerk