Board of Adjustment

MINUTES BOARD OF ADJUSTMENT FEBRUARY 25, 2013 - 4:30 P.M. CITY COUNCIL CHAMBERS PRESENT: Members Casey, Friedrich, Sawyer and Winter, Planning Director Rian Harkins, Chief Building Inspector Don Simon and Secretary Deb Pruss ABSENT: Chairman Bang Due to the absence of Chairman Bang, Planning Director Harkins read a statement that this meeting was preceded by publicized notice in the Fremont Tribune and the agenda displayed in the lobby of the Municipal Building and posted online at www.fremontne.gov; and distributed to the Board of Adjustment, Mayor and City Council on February 20, 2013 and is open to the public. Harkins also stated a copy of the agenda was kept continually current and available to the public at the office of the City Planner, 400 East Military. A copy of the open meeting law is posted continually for public inspection located near the entrance door by the agendas. Roll Call showed four members present. Meeting is hereby declared to be duly convened and in open session. It was moved by Casey, seconded by Winter to dispense with the reading of the Minutes of the November 26, 2012 Regular Meeting and approve as distributed. Roll Call Vote showed all members present voting aye – 4 ayes. Motion Carried. Planning Director Harkins 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 Brian Wiese to have a variance for lot split with insufficient rear yard setback at 1035 West Military, Fremont, Dodge County, Nebraska. LI – Limited Industrial District. Planning Director Harkins stated this item is a carryover from the previous meeting that we didn’t have because of lack of quorum. This is a variance that goes along with as part of a lot split. When you look at the graphics, you can see the multiple parcels involved in this. The property is at Military and Morrell. As stated, it is LI. Before the lot split, the property was grandfathered in terms of setback requirements. With the reconfiguration of the lot lines into a couple of large parcels now, the one building cannot meet setback requirements. Parcel 1 will have a small office building and that will essentially be an accounting firm. Parcel 2 contains a warehouse building. That parcel will not be able to meet the current rear yard setback requirements but it does meet all the other ones. Staff was recommending approval based on the hardship that the previous platting pattern was insufficient to meet current standards and that the lots were narrow in regards to the size of the building. Harkins stated the applicant was not present and neither was their agent. Moved by Winter, seconded by Sawyer to approve the request based on the hardship being the age and the configuration of the lots. Roll Call Vote showed all members present voting aye – 4 ayes. Motion Carried.  Consider request of Dillard V. Engdahl to erect 10’ x 6’ wood deck with insufficient front yard setback at 1148 Michael Street, Fremont, Dodge County, Nebraska. R1 – Single Family Residential District. Article 7, Section 703-2. Page 1 of 2 Planning Director Harkins stated this variance is essentially to reconstruct partially what is there and expand. There is a current set of steps and a small landing that is in dilapidated shape. The owner is looking to essentially taking those out and replacing it with a small deck by the front door that is 10’ x 6’. He has attached the size of it and the layout so you can see how it fits in relation to the house. The proposed deck would go 3’ into the front yard setback. It is a corner lot and the house, as written in the staff report, is positioned within the area that would currently be the front yard setback so they cannot meet it now anyway so they need some help essentially. Staff recommends approval based on the hardship of the layout of the lot versus the location of the house on the property. Applicant Dillard Engdahl of 1148 Michael was present. He stated the steps will come out about two to three feet over the line. Moved by Friedrich, seconded by Casey to approve the request. Roll Call Vote showed all members present voting aye – 4 ayes. Motion Carried.  Nominations and Election of Chairman. Planning Director Harkins stated per the bylaws the next item if nominations and election of Chairman. Per the bylaws this is the time and place to elect a new Chairman of the Board of Adjustment. They have to elect a Chair but they can also choose to if they want elect a Vice Chair. Moved by Friedrich, seconded by Sawyer to nominate Phil Bang. Roll Call Vote showed all members present voting aye – 4 ayes. Motion Carried. Planning Director Harkins asked the Board if they wanted to do a Vice Chair or forego that for now. Member Sawyer stated it worked well with Planning Director Harkins sitting there. Harkins stated we can do that and see how often it is an issue. Harkins stated one piece of information he would share before the meeting is adjourned is that Scott Brown is the new alternate member. That satisfies a couple of requirements. One, the alternate obviously but two, he also is in the extra-territorial jurisdiction of the City so that covers that requirement as well. Meeting adjourned at 4:45 p.m. Page 2 of 2