City makes no change in variance fees
Local resident Harold Conyers asked the Marion City Commission Monday to reduce or waive a $75 fee charged for a variance from zoning regulations.
Conyers wasn't subject to the fee. He had assisted in construction of a wheelchair ramp at the home of a longtime resident. The homeowners paid the fee.
Conyers said he wasn't opposed to some guidelines, but the variance fee was excessive, especially since permits for new construction are only $5 each.
"I don't think you should do that to a disabled veteran," he said. "If someone builds a wheelchair ramp, they need it."
Conyers said the ramp was not a distraction or eyesore, and could be removed easily when it is no longer needed.
He also thought it was silly for the city to notify surrounding property owners by certified mail of the proposed project. Several people told him they didn't understand how anyone could oppose a needed ramp, he said.
No change
Commissioners, while sympathetic to the particular project, declined to make any changes. They said it would invalidate city zoning regulations that provide important protections to residents and the city.
Susan Cooper, zoning administrator, said variance permits are required for structures in areas not allowed for development. In this case, most of the ramp was within a 25-foot front yard setback requirement, established when the city updated its zoning requirements in 1999.
Setback areas are designed to maintain uniformity of structures, ensure adequate vision for drivers and pedestrians, and maintain open spaces that serve as buffers between structures and property lines.
Because, by definition, a variance is a deviation from existing requirements, special steps are required. A notice is published in the official city newspaper, certified letters are sent to all property owners within 200 feet of the property, and a special hearing is held before the zoning board, Cooper explained.
The zoning board hears any comments from the public and the city. The board may allow the structure, even if there are objections. Or they can refuse it even if it has support.
Cooper said the $75 fee was designed to offset some of the cost of the special notices. The city spends more than $150 in costs for each variance application, she said.
"We charge everyone the same," she said. "It does not cover our costs."
Commissioners Jim Crofoot agreed that no one would have a problem with the wheelchair ramp in question, but because a zoning variance is more likely to affect others, neighbors are notified before construction starts.
"Whether it's a wheelchair ramp or a two-story addition, both fall under the same guidelines," he said.
Mayor Eloise Mueller said the city couldn't make exceptions for one person without making exceptions for all.
In other reports:
Clean Up Week continues this week.
The tree dump will remain open until Dec. 31. Starting Monday, new hours are 1 to 5 p.m. Monday through Friday and 9 a.m. to 5 p.m. Saturday. "None of the leaves have turned so we know it will be a busy November," Marty Fredrickson told commissioners.
A budget review shows actual expenses of 66.1 percent for the first nine months of 2002, compared to a budgeted amount of 75 percent.
Checks totaling $35,519 were approved to pay bills.
