Board of Adjustment

MINUTES BOARD OF ADJUSTMENT JULY 29, 2013 - 4:30 P.M. CITY COUNCIL CHAMBERS PRESENT: Members Casey, Friedrich, Sawyer and Winter, Alternate Member Brown, 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 July 24, 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 five members present. Meeting is hereby declared to be duly convened and in open session. It was moved by Casey, seconded by Sawyer to dispense with the reading of the Minutes of the June 24, 2013 Regular Meeting and approve as distributed. Roll Call Vote showed all members present voting aye – 5 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 Chad Schoeneck to erect cabin with insufficient side yard setback at 2269 B Big Island Road, Fremont, Dodge County, Nebraska. AG – Agricultural/Urban Reserve District. Planning Director Harkins stated this request is replacing an existing cabin with a larger one. The existing cabin became non-confirming at the time the existing code was adopted so this would actually be an enlargement of that non-conformity. The applicant is before the Board to request a variance from the side yard setbacks for the structure. The lot is a very long, narrow lot as you can see on their proposed site plan. The AG zoning district requires 50 foot side yard setbacks. The applicant is proposing 11.9 feet. There is a number of lots in this part of the City’s zoning jurisdiction that have irregular lot configurations or lot layouts so this is not something that is out of the ordinary in terms of lot layout but it also is a significant issue with regard to trying to develop any property. Almost the only way to essentially do anything on a lot like this is to essentially create what would be considered a shotgun house or a row house as it is something that is very long and narrow on the property. Harkins stated you can see where the property is in regard to the boundary between residential and lake and AG zoning district as well. Staff feels that the other requirements for the zoning district can be met but because of the lot layout as well as the proposed building setback on top of the fact that even the existing cabin cannot meet current requirements for setbacks if it was built. Member Sawyer asked in the future should it be different than AG in that area. Harkins stated that is one of the things staff is looking at for the new zoning code. Member Friedrich stated that technically in AG the lot would have to be 20 acres. Harkins stated that was correct. Sawyer stated a 50’ side yard setback. Friedrich stated to sell a lot in an AG area, it would have to a minimum of 20 acres. Harkins stated you have to have a minimum lot Page 1 of 2 width of 200 feet. Member Friedrich stated that just got changed a couple of years ago he thought. Planning Director Harkins stated if it was changed it was before he came on board. Moved by Sawyer, seconded by Friedrich to approve the request. Roll Call Vote showed all members present voting aye – 5 ayes. Motion Carried.  Consider request of Roger Chisholm to allow a lot split with insufficient side yard setback as well as insufficient minimum lot width, Lots 13 and 14, Block 13, Westside Addition (northwest corner of South and Morrell Streets), Fremont, Dodge County, Nebraska. R2 – Moderate Density Residential District. Planning Director Harkins stated the Board looked at this item last month and continued it to re-advertise for the minimum lot width variance so that is why it has come back to the Board. Staff is still in support of the variance request and feels it is justified and feel there is a demonstrated hardship there because of the previous planning pattern which makes any lot split something that is less than minimum lot width under our current requirements. Member Sawyer asked what is at 1715 North Lincoln and is that their address. Harkins stated that was from a previous report and it just didn’t get changed. That is a typographical error on staff’s part. Member Friedrich stated but now we have both the separation of the lots, the smaller lot and the setbacks all covered right? Harkins stated yes, as well as the minimum lot widths. Friedrich stated perfect. Moved by Friedrich, seconded by Sawyer to approve the request. Roll Call Vote showed all members present voting aye – 5 ayes. Motion Carried. Planning Director Harkins stated if an item like this is something the Board would want staff to take a look at as far as in the new code, areas like this that are smaller lots where people might want to do lot splits. He questioned the Board if they have seen this as an issue a lot before he arrived. Several members stated no. Meeting adjourned at 4:42 p.m. Page 2 of 2