Board of Adjustment

MINUTES BOARD OF ADJUSTMENT REGULAR MEETING DECEMBER 30, 2013 – 4:30 P.M. CITY COUNCIL CHAMBERS PRESENT: Chairman Bang, Members Winter, Casey, Friedrich and Alternate Member Brown, Planning Director Rian Harkins and Chief Building Inspector Don Simon ABSENT: Member Sawyer Chairman Bang called the meeting to order. Roll Call Vote was taken – 5 present. Chairman Bang 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 December 18, 2013 and is open to the public. Chairman Bang also stated a copy of the agenda was kept continually current and available to the public at 400 East Military, 3rd floor and a copy of the open meeting law is posted continually for public inspection located near the Council Chambers entrance door by the agendas. It was moved by Friedrich, seconded by Casey, to dispense with the reading of the Minutes of the November 25, 2013 Regular Meeting and the December 9, 2013 Special Meeting and approve as received. Roll Call Vote showed all members present voting aye – 5 ayes. Motion approved. 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 Alan Assmann, dba Amoco Fuel Express, LLC to erect an addition to existing building with insufficient street side yard setback and insufficient stacking requirements for drive-thru window at 1305 East Morningside Road, Fremont, Dodge County, Nebraska. GI – General Industrial District. Planning Director Harkins outlined the staff report. Mark Boschult, agent for the applicant, noted that the proposed location was, in the applicant’s mind, the only suitable place for an expansion. Moved by Friedrich, seconded by Winter to recommend approval of the request for an addition with a 15 foot street side yard setback provided no pavement be installed to the north of the addition EXCEPT for any necessary turn radii. Roll Call Vote showed members Bang, Casey, Friedrich, Winter, and Brown voting aye. Motion Carried. Moved by Friedrich, seconded by Bang to deny the request of a variance of stacking requirements. Roll Call Vote showed Bang, Winter, Brown, Casey, and Friedrich voting aye. Motion Carried.  Consider request of Barry S. and Lorri A. Taylor to construct a detached garage with insufficient rear yard setback at Woodcliff Lakes, 980 County Road W, Lot S-92, Saunders County, Nebraska. Article 4, Table 4-2. RL – Lake and River District. 1 Planning Director Harkins reviewed the staff report. Moved by Winter, seconded by Friedrich to recommend continuing this item to the next regular meeting, January 27th in order to obtain additional information. Roll Call Vote showed Casey, Brown, Winter, Friedrich, and Bang voting aye. Motion Carried.  Consider request of Josh Fickbohm to erect fence with insufficient street side yard setback at 2767 Park Place Drive, Fremont, Dodge County, Nebraska. R1 – Single Family Residential Planning Director Harkins noted that the staff report was based on information from the previous request, and that the applicant has a revised proposal for the Board that he wishes to present today. Mr. Fickbohm shared he was looking at encroaching only 18 inches into the setback. Moved by Friedrich, seconded by Brown to recommend approval of the request. Roll Call Vote showed Brown, Casey, and Friedrich voting aye; Bang and Winter voting nay. 3 ayes – 2 nays. Motion failed. Meeting adjourned at 5:55 p.m. 2