Chair Demmer opened the public hearing.

Motion by Smith, seconded by Manternach, carried unanimously to table until the applicant is present.

PUBLIC HEARING - AMENDMENT TO ZONING ORDINANCE - ZC#08-10-09 - JOHN & KAREN BURNS - M-2, HEAVY INDUSTRIAL - CONDITIONAL TO M-2, HEAVY INDUSTRIAL - CONDITIONAL

Chair Demmer opened the public hearing.

Dennis Naughton, 1175 8^{th} Avenue, Marion, Iowa, representing the applicants John and Karen Burns, explained to the Board that the applicants would like to amend the current zoning on the property to remove the conditions of “no on-site wine sales” and “allow wine making for New Melleray Abbey only”. The applicants are also requesting to allow wine tasting and the sale of wine on the property in the existing structure, add another structure to store vineyard/maintenance equipment, expand their wine sales to other retailers and upon cessation of the business, it is the applicants understanding that the property will be rezoned back to R-2.

Zoning Administrator Anna O'Shea explained to the Board the different types of zoning the applicants currently have on their property.

John Burns, 9995 Laudeville Road, Dubuque, Iowa told the Board the wine sales are only taking place in the bonded area on the property.

Motion by Smith, seconded by Manternach, carried unanimously to close the public hearing.

Motion by Smith, seconded by Manternach, carried unanimously to approve the rezoning with the following conditions:

1. Wine making to only take place in a 36' x 32' structure located on the property.
2. Allow on-site wine sales.
3. For use as a winery, to make and sell wine only.
4. The property must be rezoned back to “R-2” upon cessation of this type of business.

PUBLIC HEARING - AMENDMENT TO ZONING ORDINANCE - ZC#08-11-09 - GARY MILLER - R-2 TO B-1 - CONDITIONAL

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