(Okoboji)– A judge has rejected a request from the city of Okoboji for a temporary and permanent injunction against Butch Parks that would have prohibited Parks from operating a bar from the former Okoboji Boats property.
The case stems from October 6th of last year when the city denied Parks’ application for a class C liquor license for the premises, saying the operation of a bar on that premises would violate the city’s zoning ordinance and special use permits that were granted for the property.
In his ruling issued today (Thursday), Judge John Duffy takes issue with the city’s zoning ordinance as it deals with non-conforming structures and uses. Duffy writes that the Okoboji Board of Adjustment, by granting the special use permits for the properties, has in effect, destroyed the nonconforming use sections of the zoning ordinance. He adds the special use permits are in direct conflict with the zoning ordinance.
Duffy states that the city cites no cases in support of its position that the nonconforming use sections of the zoning ordinance are controlling. As a result, Duffy writes that the Okoboji Boats property could be considered to have a legal commercial status, in spite of the language of the zoning ordinance.
The ruling goes on to say, quoting here, “The court concludes the zoning ordinance, when in connection with the special use permits, does not allow the city to deny Parks a liquor license to be used incidental to the operation of a marina at 1401 Lakeshore Drive, Okoboji, Iowa”…unquote.
Duffy adds the city introduced evidence to show the granting of a class C liquor license would have a major impact on the neighborhood. Duffy says most, if not all of the evidence, is purely speculative. He adds that property owners near Okoboji Boats hear noise from other liquor establishments on the lakefront.
A trial on the matter was held April 8th and 9th in Dickinson County District Court.
