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Accessory building ordinance approved

Staff reporter

Marion City Council set a precedent Monday in taking the responsibility from the city's planning and zoning board for building variances.

An accessory building ordinance was approved that would require those who want to build a garage or shop building larger than the maximum specifications to go before the council to seek permission. Previously, it was considered as a variance and would be the responsibility of the board of zoning appeals.

Planning commission chairman Roger Schwab questioned the intent of the council.

"This opens it up to let people do whatever they want," he said. "It seems to be an attempt at taking regulations away from the board of zoning appeals."

When asked why the ordinance was drawn the way it was, city attorney Dan Baldwin responded he was doing what the council asked him to do.

Marion resident Kevin Steele had asked the council to consider changes to the ordinance which would allow him to build a structure that could house a semi. Building inspector Marty Fredrickson requested the ordinance be drawn that would basically accommodate any size of accessory building the council sees fit to approve.

By inserting a paragraph in the ordinance that allows the council to do as it wishes appears to negate the need for any accessory building restrictions.

"Why do we need to do this?" Mayor Mary Olson asked Baldwin.

"Because you asked me to," Baldwin responded.

"Why do we need to do this?" Olson asked a second time.

"So Kevin can build a building," Baldwin said.

Baldwin continued that someone had made a similar request to the council for a larger accessory building and the council didn't want to make that decision. When it came up again by Steele, the council asked Baldwin to make the ordinance more flexible.

With the adoption of the ordinance, the board of zoning appeals, which is comprised of Marion residents, will not have a say in the matter or need to use the city's established zoning regulations to make decisions.

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