WATERLOO, Iowa — A proposed nude dancing establishment narrowly lost its bid for a special permit to open along Airline Highway.
But local dry-cleaning entrepreneur Earl Baugh, who hoped to open the adult entertainment business, plans to appeal the decision to Black Hawk County District Court.
Members of the Waterloo Board of Adjustment voted 3-2 Tuesday to reject Baugh’s request to open the adult video store and juice bar in a vacant building he leased near the corner of Airline and Wagner Road. The facility, which would not serve alcohol but allows totally nude performances, is legal under state law and met all of the zoning requirements and restrictions spelled out in city code.
Board member Larry Anfinson, who joined Bernie Moine and Craig Holdiman in voting against the special permit, cited objections from surrounding property owners and a potential negative effect in the area.
“I think it would be inappropriate to have this type of business at that location,” said Anfinson, specifically noting the Airline Amusements golf and go-cart business down the road.
Board members John Mixdorf and Pamela St. John voted in favor of the permit, noting the business met all of the strict guidelines laid out by the city code for juice bars. Airline Amusements was outside the 600-foot radius required between an adult business and a protected use.
“If the city allows it and (Baugh) meets all the criteria, which I believe it does, I’d say we’d have a hard time denying it,” Mixdorf said.
Several property owners along Airline Highway and Wagner Road had urged board members to reject the permit.
John Harris, representing Jerald Sulky Corp., said the business would bring activity to an industrial area more accustomed to daytime business, which would force surrounding property owners to invest in more security. He also said an adult business would hurt the city’s efforts to bring more industrial development to that area.
Craig Hilpipre, of Hilpipre Auction Co., said the business brings in many visitors from other states.
“It doesn’t cast a positive image on what we’ve worked so hard to bring about,” Hilpipre said of the juice bar. “We’re concerned land values are going to go down.”
Bob Hoffman, co-owner of Airline Amusements, said his business would be open during summer months in the late evening hours when the juice bar is operating, which would conflict with the “family oriented atmosphere” at his establishment. Hoffman also said the adult business degrades positive developments in that part of the city.
“What strides the north side has made,” he said. “But you talk about a setback. It sickens me.”
Baugh’s attorney, Brandon Adams, presented the board with letters of support and “non-objections” from other businesses along Airline Highway and noted Baugh had gone to great lengths and expense to ensure he followed all of the guidelines in city codes for establishing an adult business.
“Mr. Baugh has taken every step required by the city to establish his business at this particular location,” Adams said.
Decisions by the Board of Adjustment are final and do not require City Council review. Baugh’s first route of appeal would be to district court, an option he said he would pursue following the board’s decision.