Board of Adjustment minutes for August 21, 2013

August 21, 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; Jim Kelly; other interested parties.
Public comment on items not on the agenda: None.
Conditional Use: Request of Lucky Pawz for a conditional use to approve a dog daycare at an existing
building in an industrial zoning district, generally located on a lot that extends from 238th to 240th Street
between Progress Street and North Jones Boulevard.
(Legal: Lot 1, Deerfield 14th Addition)
Wheatley briefed the Board on the history of the case and Planning Commission’s recommendations for
approval, which included the following conditions:
1. 6:30 a.m. allowance for outside dogs with the Board of Adjustment to review six months after
opening to determine if it is working for the neighbors and others that may be affected by the
2. That the approval be conditioned on continued observance of the operational plan submitted
with the application by the owner, including the following: No more than 90 dogs at the site,
and supervised outdoor times of 6:30 AM to 6:30 PM Monday through Friday; 8:00 AM to 5:00
PM on Saturdays; and 8:00 AM to 10:00 AM and 5:00 PM to 7:00 PM on Sundays; and eight foot
tall screen fencing around outside areas, with small river rock covering the ground; and
3. That the screen trees that have died along 240th Street on this property be replanted to meet
Zoning Ordinance specifications in calendar year 2013.
Jim Kelly addressed the Board, recounting his company’s previous efforts in North Liberty that were
approved by ultimately not followed through on because of flooding at their Iowa City location. He also
clarified that the future play yard area shown on the site plan is not part of the current plan and is
planned to be sold to the adjacent property owner to the west.
The Chair opened the public hearing, no one spoke in favor or against the application, and the hearing
was closed. One email has been received from a property owner in the Deerfield neighborhood, which
was emailed to Board members before the meeting and also distributed at the meeting to the applicant.
Staff also reported that the normal mailing had been done to owners within 200 feet of the site,
notifying them of both the Planning Commission and Board meetings.
Board Action: Wayne Grell moved to approve the conditional uses subject to conditions noted. Art
Chipman seconded the motion, which passed unanimously.
Minutes: Art Chipman moved to approve the minutes of July 2013. Wayne Grell seconded the motion,
which passed unanimously.
Old Business: None.
New Business: None.
Adjournment: The Chair declared the meeting adjourned at 7:15 PM.