Board of Adjustment

MINUTES BOARD OF ADJUSTMENT FEBRUARY 27, 2012 - 4:30 P.M. CITY COUNCIL CHAMBERS PRESENT: Chairman Bang, Members Hoshor, Sawyer and Winter, Chief Building Inspector Marv Hansen, City Engineer Clark Boschult, Planning Director Rian Harkins and Secretary Deb Pruss. ABSENT: Member Casey and Alternate Member Friedrich Chairman Bang read a statement that a copy of the Open Meeting Law is posted continually for public inspection near the agendas and a Public Notice of this meeting was given in advance by publicized notice in the Fremont Tribune, a copy of which is attached to these minutes and made a part thereto, and on radio KHUB; and the agenda displayed in the lobby of the Municipal Building, Police Station, and the Dodge County Courthouse on February 22, 2012 and is open to the public. Moved by Hoshor, seconded by Winter to approve the statement that this meeting is now determined to be a legal meeting. Roll Call Vote showed all members present voting aye – 4 ayes. Motion Carried. It was moved by Hoshor, seconded by Winter to dispense with the reading of the Minutes of the November 28, 2011 Regular Meeting and approve as distributed. Roll Call Vote showed all members present voting aye – 4 ayes. Motion Carried. Chairman Bang stated the general public is invited to address the Board of Adjustment regarding any item on this agenda at this time or wait until discussion of their request is taking place. No public comments were received. • Consider request of Allen R. Hemmer to erect an addition to attached garage at 1250 North Nye with insufficient side yard setback. Article 4, Table 4-3. R-1 – Single Family Residential District. City Engineer Boschult stated the applicant called today and requested the item be continued to the March meeting or the next meeting. Moved by Sawyer, seconded by Hoshor to continue the item. Roll Call Vote showed all members present voting aye – 4 ayes. Motion Carried. • Consider request of Mark T. Boschult, Trustee to have a variance to paving, fence screening and landscape yard requirements for open warehousing at 500 North Pierce. Article 8, Table 8-1, Article 906 b 1 and Article 12, Table 12-1. LI – Limited Industrial District. City Engineer Boschult stated the Planning Commission on February 20th voted 7-1 to recommend approval of the request provided landscaping is completed along Military Avenue. Applicant Mark Boschult was present. He stated this request was gone over in September and all the same arguments that he presented before the variance was given back in 2002 to not pave the storage building areas. He stated he was trying to create an area to park outside vehicles. There is a drainage problem, it is on a gravel road, Pierce Street, and basically the plan is to continue building more buildings Page 1 of 3 as demand allows. Applicant Boschult stated if they were to pave it would be a waste of money and would create more non-drainable area and as far as the chain link fencing goes, what he was looking for was an area that he can let law enforcement be able to see behind the fencing, to eliminate the screening. Applicant Boschult’s concern is that there is going to be vandalism, theft and other problems if they do screen so he is definitely concerned about that. Basically everything that he is proposing to do is in line. Applicant Boschult included pictures and stated everybody in town is pretty much in line with what they are proposing and they were for the most part approved prior to 2002. Moved by Winter, seconded by Sawyer to accept the Planning Commission’s recommendation with the included landscaping and approve the request. Roll Call Vote showed all members present voting aye – 4 ayes. Motion Carried. • Consider request of Tom L. and Marka Sawyer to remove, replace and enlarge existing non- conforming structures (cabin and detached garage) at 1621 South Ridge Road #F, Tax Lot 143, Section 28, Township 17 North, Range 8 East Dodge County, Nebraska with a variance to the 100 year flood elevation requirements for stairways and a variance to allow accessory uses (garage) to be larger than the principal use (cabin) and setback variances. Article 4, Table 4-2, Article 556, 557 and 558. AG – Agricultural/Urban Reserve District. City Engineer Boschult stated the Planning Commission on February 20th voted 8-0 to recommend approval of the request. Boschult stated it is in line with what has been done in the past. Approval has been given for removal and replacement of existing structures in the floodway provided they have an Engineer’s No-Rise. The Planning Commission has approved in the past variances for stairways below the 100 year flood. Without bringing in fill, it is difficult to elevate the stairways. Chairman Bang asked if the recommendation from the Planning Commission included a hardship for the garage larger than the structure. Boschult stated the Planning Commission’s recommendation regarding the garage size was that it was consistent with the neighborhood. Boschult stated with regard to the AG District setbacks, that property was zoned AG about a year ago because it is in the floodway. The AG District setbacks are 50 feet and the lot is probably not over 100 feet wide. This is a case where the AG Zoning does not fit that size lot and those setbacks so that is in a fact can be considered a hardship. Chairman Bang stated one housekeeping item we have is that there is a relationship and could be viewed as a conflict of interest with one of the Board members. Member Sawyer asked if anyone had a problem if he votes. Judy Svoboda Johannsen was present and stated she preferred he did not. Member Sawyer asked if there was a reason. Chairman Bang asked Ms. Johannsen to come up and state her name and address. Judy Johannsen stated her address was 1325 North Park, Fremont. She stated she has a cabin just one away from where Mr. Sawyer is proposing to put up the garage that seems awfully large. She didn’t know if there were any other garages quite that large. She stated she was also a little concerned about the flow of the water with the garage. She also stated the only reason she didn’t want Skip to vote was probably just because they are related. Member Sawyer asked if there were other garages in that area that are that size. Mr. Boschult stated it is in line with what else you would find in that district. Ms. Johannsen stated in that particular area in that roadway down where the six or seven cabins are she wasn’t sure if there was anything that large. Mr. Boschult stated as the Chairman stated it would take four votes to approve so if one person would abstain you couldn’t approve it. Mr. Boschult suggested the applicant then consider continuing the request to the next meeting. Applicant Tom Sawyer came forward and stated he owned the property at 1621 South Ridge Road. He stated since he didn’t have the votes he would like to request this item be extended to the next meeting. Chairman Bang stated the Board could still vote if they allowed Member Sawyer to vote and this would be up to the rest of the Board as well. Applicant Sawyer stated there is a garage directly east. He doesn’t know the size but it has been added onto the last few years and it is close but not exactly. The Page 2 of 3 other thing with the additions, total square footage is less than what is there now as far as flood restrictions. It is approximately ten foot less. Chairman Bang stated he would assume that everything that is built out there now that the applicant is removing is not designed or constructed per the flood regulations so it is almost making it better. Applicant Sawyer stated the cabin will be elevated on concrete piers and the garage would be concrete walls with openings and the top portion of the garage would be framed. Member Winter stated he felt it would be better if the item be continued. Moved by Winter, seconded by Hoshor to continue the item to the next meeting. Roll Call Vote showed all members present voting aye – 4 ayes. Motion Carried. Applicant Sawyer asked the Board if that was one month. Chairman Bang stated that was correct. Member Hoshor asked the applicant if it would create a hardship. Applicant Sawyer stated somewhat but he can live with it and thanked the Board. Meeting adjourned at 4:47 p.m. Page 3 of 3