Board of Adjustment minutes for July 17, 2013

July 17, 2013, 6:30 PM
Roll Call: The meeting was called to order by Chairperson Werner-Smith at 6:30 p.m. Board of
Adjustment members were all present: Chipman, Werner-Smith, Grell, Sayre, Reed.
Others present: Dean Wheatley; Christina Erbe; John and Amanda Hruby.
Public comment on items not on the agenda: None.
1. Conditional Use: Request of John and Amanda Hruby to approve conditional uses for an outdoor
eating/drinking area and for floodlighting of the volleyball courts at J&A Tap, zoned C-1-B and
located at 440 North Dubuque Street.
(Legal: Lengthy)
Wheatley briefed the Board on the history of the case and Planning Commission’s recommendations for
approval, which included the following conditions:
1. That a conditional use be approved for outdoor eating/drinking in the volleyball area but only until
9:00 PM, and that no speakers be allowed in the area.
2. That a conditional use for floodlighting until 9:00 PM be approved, subject to the lights being aimed
downward and retrofitted with glare shields.
3. That the owner submit a scaled parking layout plan that meets City layout standards and shows
parking layout prior to Board of Adjustment final action. Additionally, the owner shall include a plan
and schedule for the owner to construct aesthetically reasonable border treatments approved by the
City for the parking lot to keep vehicles off the grass areas consistent with the parking layout plan, for
approval by the Board of Adjustment.
John and Amanda Hruby addressed the Board, telling them how important the volleyball operation is to
their business and how successful it has been. They were unaware that they had been in violation of the
City ordinances regarding outside alcohol consumption and floodlighting.
The Chair opened and closed the public hearing, since no one was in the audience to comment.
Board members commented positively on the business and thanked the Hruby’s for attending the
meeting to explain their operation. The drive and parking were discussed, and Board members
suggested that the Hruby’s might want to block the drive-through near the midpoint to better control
traffic using it for a short-cut. The Board refined condition #1 to allow small stereo speakers but not
loudspeakers that will reach beyond the volleyball area. Staff reported that one complaint had been
received in response to the 200’ notification letter, and that complaint was about loud music. The
Hruby’s responded that they had only small speakers outside and maybe the music was coming from
elsewhere in the vicinity.
Board Action: Wayne Grell moved to approve the conditional uses subject to conditions noted. Werner-
Smith seconded the motion, which passed unanimously.
Minutes: Chipman moved to approve the minutes of November 2012. Grell seconded the motion, which
passed unanimously.
Old Business: Staff reported that Lucky Pawz dog daycare has submitted a conditional use application
for a new North Liberty location, which should be on the August agenda.
New Business: None.
Adjournment: The Chair declared the meeting adjourned at 7:15 PM.