Commercial lighting issue no longer a problem

Board of Supervisors
By: 
Kim Brooks
Express Editor

     In late January, the Jones County Supervisors met with commercial property owner Dean Wood, Anamosa; Tim Fay, Planning and Zoning; and Land Use Administrator Michele Lubben. The issue? The P&Z unanimously agreed that Wood’s property on County Road E-34 was in violation of the county’s lighting ordinance.

     The P&Z felt Wood’s parking lot lights were too bright and needed to be shielded to block out some of the lighting.

     The board asked Wood at that January board meeting to shield at least one of his lights in an attempt to see what effect that might have.

     During the Feb. 26 Jones County Supervisor meeting, Wood admitted to shielding three of his lights. He said he spent more than $200 to do so.

     “It’s ridiculous that we’re involved in this,” he said.

     Wood said he felt by shielding his lights, the mechanisms only made things brighter, defeating the purpose.

     Wood also asked as to who was complaining about the brightness of the lights. Lubben said the issue wasn’t the complaints, but that Wood was in violation of the county ordinance.

     “We have an ordinance and you’re breaking it,” she said.

     The majority of the supervisors felt that Wood did as he was asked and shielded not one, but three of his lights.

     “He followed our recommendation,” said Supervisor Joe Oswald.

     It was mentioned that the lights themselves could be changed out to diminish the brightness. Wood said the lights are needed for security, and he had no intention of changing them.

     “We’re arguing over something very immaterial,” he said.

     Lubben said when Wood re-zoned his property to commercial, there were stipulations that he needed to follow the commercial lighting requirements.

     “When you sign the zoning agreement, you agree to certain requirements,” she said.

     Wood said he was not aware of the ordinance.

     Fay said the ordinance only applies to commercial properties that have been re-zoned or established after the ordinance was in place, some time in 2007/08.

     While most of the board didn’t see the need to take further action, Fay and Supervisor Wayne Manternach wanted to wait until County Attorney Kristofer Lyons reviewed the ordinance.

     “I will make a legal determination, not a factual determination,” explained Lyons, “as to whether of not he’s in violation.” Lyons admitted that after talking to Lubben and Fay, he felt Wood was in violation.

     “If there needs to be further investigating, than I’ll do it,” he added.

     “I don’t see why it would hurt to have Kris (Lyons) look at this,” suggested Fay.

     Supervisor Ned Rohwedder said the purpose of the meeting with Wood was to see whether he complied or not with the board’s previous recommendation. “I think he is in compliance. The ordinance is pretty subjective as to how bright the lights are.”

     No further action was taken by the board on this matter.

 

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