(Spirit Lake)– A conditional use application that would have allowed for the construction of two six-plex multi-family structures in a residentially-zoned district along 250th Avenue on East Lake Okoboji was denied Monday evening by the Dickinson County Board of Adjustment.
The developer, Kevin Kutchell, and Jim Blum, a surveyor, addressed various issues with the board, stating the project would incorporate some low-impact development features such as rain gardens to address drainage and erosion concerns.
Neighbors opposed to the project expressed concern over population density, roads, incompatibility with the rest of the area, and possible effects on property values.
After considerable discussion, the board, with one member absent, voted three-to-one to deny the conditional use application.
The board’s attention then turned to a variance application for a side yard setback that would allow for a 12-unit condominium to be built where Beach’s Resort is currently located on the north side of West Lake Okoboji. The resort is currently owned by David Kolhaase…the county’s Planning and Zoning Administrator.
Asked if a potential sale of Beach’s Resort is contingent on the board granting the variance, Jim Ladegard, a Spirit Lake attorney representing Kolhaase, declined to answer, saying they weren’t ready to make that public.
Greg Owen, a Spirit Lake attorney representing Gable Development, said the condo complex would vastly improve the north side of West Lake Okoboji and that it would actually decrease population density. With the current resort operation and a gas dock/convenience store, Owen says there’s a lot of transient traffic there now that wouldn’t be with the condos.
Mike Zenor an attorney representing a neighbor opposing the variance, cited Iowa Supreme Court rulings he says would make it impossible for the variance to be granted. Among other things, Zenor says Gable Development would have to show they couldn’t make any reasonable economic use of the property without the variance. Owens responded, saying the resort operation is a non-conforming use and the future doesn’t look good for its future rate of return.
After further discussion the Board of Adjustment voted three-to-one to grant the variance.
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