Board of Adjustment

MINUTES BOARD OF ADJUSTMENT REGULAR MEETING JUNE 23, 2014 – 4:30 P.M. CITY COUNCIL CHAMBERS PRESENT: Chairman Bang, Members, Casey, Friedrich, Brown, and Chief Building Inspector , Don Simon ABSENT: Members Winter and Sawyer Chairman Bang called the meeting to order. Roll Call Vote was taken – 4 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 June 16, 2014 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 May 27, 2014 Regular Meeting and approve as received. Roll Call Vote showed all members present voting aye – 4 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.  Consider request of Eric Bowman to allow for an insufficient side buffer at 111 South K. Eric Bowman answered questions regarding the storage of trailers and his camper. He explained he couldn't move the proposed building to the east as he would not have room to park his goose neck trailers. The size of the building is 65 x 65 which will result in nearly 20 feet of side buffer. He stated he was receptive to the idea of continuing a green space, planting a tree and putting up a fence. It was moved by Friedrich to approve with the conditions of a 6 foot fence on the north side of lot 7 and the south side of lot 6, and to maintain the green space, seconded by Casey to approve the motion. A roll call vote showed all members present voting aye. 4 – ayes. Motion approved.  Consider request of Matt and Julia Rossow to construct an oversized overhang on a shed at 1649 Frederiksen. It was moved by Friedrich and seconded by Brown to approve the motion. A roll call vote showed all members voting aye. 4 – Ayes. Motion approved.  Consider request of Bo Borisow, All-Stor Self Storage to allow for insufficient buffer yard requirement at 1260 West 23rd Ave. 1 Bo Borisow, 1220 Timberwood, Ames, Nebraska answered questions regarding the building that will have an insufficient buffer yard. He was agreeable to constructing a lean to roof in order to help with any drainage issues as well as maintain the green space. It was moved by Casey to approve the motion with the lean to roof on the south side and maintain the green space, seconded by Friedrich. A roll call vote showed all members present voting aye - 4 ayes – Motion approved.  Consider Request of Richard M. and Cindy S. Horeis to allow a LSF in R2 zoning at 935 East Linden. Richard M. Horeis, 1243 North Pebble, Fremont, Nebraska explained there were several other homes in the area that had less than the required square footage for the lot size. He explained they were looking to make the size of the yard comparable to the size of the house on the lot. It was moved by Brown, seconded by Friedrich, to approve the motion. A roll call vote showed all members present voting aye. 4-ayes. Motion approved.  Consider request of Ron Vlach, Victory Marine, 2450 West Military Ave to allow accessory building to be located in the front yard. Article 7 Section 704 Richard Register, 509 W Military Fremont Nebraska spoke on behalf of Isaac Walton League against approval of variance for the accessory building located at 2450 W Military Ave, Fremont Nebraska. They do not believe the applicant needs this large of a building for personal use. They believe there are other places more appropriate for a building of this size. The gas line was not clearly marked on the maps so we are not sure where the building can be placed. Mr. Register stressed the fact that he does not believe there is a hardship present as the accessory building could be placed on the side or behind the primary structure. Chairman Bang reiterated this board was only voting on the placement, (location) of the accessory building. They would not discuss buffer yards, architecture, or size of the building. Larry Snyder asked for clarification as to the exact placement of the building as he has property down the street. Melissa Peterson, 2390 W Military Ave, Fremont Nebraska spoke against approval of the variance due to concern about property values. She stated she was not opposed to a building as she owns one too, just the placement of it. Sandra Cadwallader, 2494 W Military Ave, spoke against the variance, stating one side of the building would be 25 feet from her property. She is concerned with drainage issues and the flood plain. She believes there should be other options available for the placement of the building. Gary Dather, 379 W Sheryl, Fremont Nebraska, President of the Isaac Walton League, spoke against approval of the variance. He stated he does not have a problem with a building, just its location. Isaac Walton is going to construct a walking trail and he believes the building will detract from the trail and mess up the lake view. Ron Vlach, Victory Marine explained that this is his third attempt to erect this building. He admits the building is a little big but this is the only place he can put it because we are not sure where the gas line dissects the property. Cemetery wants land to the west and since the City is widening Military they need to put in a retention pond so that leaves this area. If the gas line is 2 in fact where he thinks it is that requires a 55 foot easement. It was moved by Casey, to continue the motion until we know where the gas line is located and then can determine if there is an actual hardship present and if there is, is there an option B available, seconded by Brown. A roll call vote showed all members present voting aye – 4.ayes Motion Continued. Meeting adjourned at 6:00 p.m. 3