Staff writer
Numerous questions remained unanswered despite a 15-minute executive session regarding the Marion Board of Zoning Appeals decision that the truck parking business on Grant Street was illegal.
BZA chairman Nick Nickelson told the council Monday afternoon that the appeals board received “excellent” advice from the attorney that was hired by the city and thanked the council for assistance.
Nickelson said the real issue of the zoning appeal was zoning, not noise, safety, or street repairs. He continued that he understood there needed to a legal document and maybe city attorney Dan Baldwin could assist.
Baldwin said his understanding of the process was the board operated a “quasi-judicial function.” When acting judicially, normally a judge would issue an order. In this case, the BZA would issue an order.
“So what’s our next step?” councilman Stacey Collett asked.
Baldwin said truck parking lot owner Daryl Brewer had one recourse which is district court.
Does the business remain operating until the appeal deadline passes or should the business cease now?
“The board made its decision,” Baldwin said. “If violated it would be considered a misdemeanor. That’s one reason why there needs to be an order in writing for it to be enforced.”
Until that order is written, Baldwin said he didn’t think the appeal deadline should be started.
He continued that he was willing to work with the BZA board members but wasn’t sure if some board members wanted to work with him. Nickelson responded that the board wanted an independent counselor because the zoning appeal was against the city council and Baldwin represented the council.
Collett said it was the actions of the previous commission that have caused some of the issue. Nickelson said the charges against the previous commission, the city administrator, and the zoning administrator were thrown out by the board because it was strictly a zoning issue.
In the end, Baldwin said he wanted to talk with the BZA board and wanted a work session set up with the members. A day and time will be established with notification given to the Marion County Record.