WATERLOO - The Waterloo Board of Adjustment has decided to wait on approving a proposed juice bar until the matter is wrapped up in court.

Board members voted 4-0 Tuesday to table action on a proposed special use permit for Earl Baugh to open his Fantasy Island nude dancing establishment on Airline Highway. The board contemplates holding a special meeting to discuss the matter following a pending ruling from District Court Judge Todd Geer.

"We may be jeopardizing our right to appeal (in the future) by issuing this special permit at this time," said board member Larry Anfinson, citing advice board members received in a closed executive session before the vote.

The Board of Adjustment turned down Baugh's permit request in July 2005 saying the adult use wasn't compatible with existing businesses in the neighborhood, specifically an amusement park geared for families that is within sight.

Baugh appealed the decision to district court.

Geer ruled Aug. 1 the board's decision wasn't backed by evidence presented at the original special permit hearing, saying the decision to reject the permit was illegal and ordered the permit to be issued. The city filed another motion asking Geer to expand upon his ruling and alter his factual findings, a matter still pending in the courts.

Senior City Planner Aric Schroeder said the city has not decided whether to appeal Geer's ruling, pending the judge's decision on the latest motion.

"It would not appear to be in the best interest of the city to issue the special permit if there is a pending appeal or appeal that could take place," he said.

Meanwhile, Schroeder said if the board chooses eventually to issue the permit, planning staff could recommend several conditions, such as a restriction on alcohol on the premises, limits on the hours of operation, parking requirements and adequate fencing and screening, and limits on what can be on the signs at the business.

The conditions drew a rebuke from Baugh's attorney, Robert Hearity, who said the city can't add new restrictions that weren't part of the original request or that prevent Baugh from doing business.

"Mr. Baugh just wants to conduct business out there," Hearity said. "There's nothing that's illegal about his business. Everything that has been required of Mr. Baugh, he has complied with."

Hearity added that there was no proof the juice bar would be detrimental to the neighborhood, essentially echoing Geer's ruling.

"There is no evidence," he said. "There are fears, speculations and complaints."

Contact Tim Jamison at (319) 291-1577 or tim.jamison@wcfcourier.com.