Zoning of truck lot on Grant Street will be heard again

After two years of hearings, a zoning dispute between Darryl and Linda Brewer and the City of Marion resulted in the judge sending the case back to the city’s board of zoning appeals for another review and to make a more detailed record of the proceedings.

The Brewers filed the civil suit in August 2008 because they disagreed with the appeals board’s decision. The board found the property at 316 Grant St., owned by the Brewers, could only be used for residential purposes. The Brewers had developed the property to provide commercial truck parking. Some residents in Jex Addition, where the business had operated, had appealed to the board, asking it to review the city’s zoning map and regulations.

The property had been used as an open storage of oilfield equipment before the Brewers purchased it and was grandfathered-in as light industrial under the city’s zoning regulations. When the original use discontinued, a conditional use permit was required per the city’s regulations.

A document in the suit included a conditional use agreement signed by Darryl Brewer and Marty Fredrickson, the city’s zoning administrator, with Brewer agreeing not to use the property for open storage of discarded or inoperable items. Up to five inoperable vehicles would have been allowed per the document.

At the appeals board hearing July 15, 2008, the board determined the property was zoned as low-density residential. Despite the agreement between the city and the Brewers, the board found the property could only be used for residential purposes.

The Brewers’ civil suit asked the court to reverse the action of the appeals board. The Brewers asked for more than $75,000 in the suit to include lost revenue from the business not being allowed to operate at that location.

On Thursday, Judge Steven Hornbaker remanded the case to the board of zoning appeals to make a better record of its decision.

The attorney representing the City of Marion, William Townsley II, said the city was pleased with the decision.

“It’s a good result,” Townsley said. “This will allow all parties to clarify the facts.”

The board of zoning appeals must meet within 90 days and review the case. A court reporter will attend the meeting and create the record, Townsley said.

“In the future, the board should tape record the meetings and not just keep minutes,” he said.

The Brewers’ attorney, Peter Rombold, said it’s been a long process.

“It’s been a long row to hoe,” he said. “We hope for the best.”

If the appeals board comes to the same decision, the Brewers can return to court and again challenge the ruling.