Board of Adjustment

MINUTES BOARD OF ADJUSTMENT REGULAR MEETING JULY 28, 2014 – 4:30 P.M. CITY COUNCIL CHAMBERS PRESENT: Chairman Bang, Members, Casey, Friedrich, Winter, Sawyer, Interim Planning Director, Justin Zetterman, Chief Building Inspector, Don Simon and Public Works Director, Dave Goedeken ABSENT: None 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 July 22, 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 June 23, 2014 Regular 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. Chairman Bang stated we had a request that item #9 on the agenda be moved to the first item. It was moved by Chairman Bang and seconded by Friedrich to move the item. A roll call vote showed all members present voting aye. 5-ayes – Motion approved.  Consider request of Lucinda P. Mumm to erect 5 x 10 porch with insufficient front yard setbacks at 520 W 3rd Street. Dave with D & D Construction explained that the front steps to the applicant's home had sunken over time and now was 11-1/2 inches below the front door. Lucinda Mumm stated that getting in the house with groceries or when it is icy creates an unsafe condition. Members discussed moving the steps to the east and creating a 6 foot wide porch that would come out 5'. This idea was received well by both the contractor and the applicant. It was moved by Sawyer and seconded by Friedrich to approve with the conditions of moving the steps to the east and creating a 6' by 5' foot porch. A roll call vote showed all members present voting aye. 5 – Ayes. Motion approved.  Re-consider request of Ron Reeves, Fergy's Total Package, 222 West Military Ave, to move the pole sign 3' 6" to the west due to the widening of Broad Street. 1 It was moved by Sawyer and seconded by Casey to approve the motion. A roll call vote showed all members voting aye. 5 – Ayes. Motion approved.  Consider request of Ron Vlach, 2450 West Military Ave to erect accessory building in front yard. Melissa Petersen, 2390 W Military Ave, objects to the building because she doesn't believe it belongs in the river lake residential area. The building is too large, fears the zoning will be changed and she'll have more and more buildings to look at. Sandra Cadwalader, 2494 West Military Ave, objects to the building because it is too close to her property line. She is concerned about property values declining, and is worried about drainage onto her property. She wishes there would have been a Plan B. Gary Dather, president of Isaac Walton is concerned about the drainage issue and he too would like to see a Plan B. He doesn't agree with the City's determination of the front of the house. Ron Vlach, 1500 West Military Ave, stated a Plan B, or putting the building somewhere else would not be in the best interest. He doesn't believe there will be a drainage issue as there is already 300 feet of berm. Chairman Bang stated he believed the area of concern was between the berm and the proposed property. Mr. Vlach said if they had to they would construct a tube and drain the water that way. He also stated the gas line that runs through the property was done in 1946 and he doesn't want to put any structure anywhere near it. Mr. Vlach noted that the property is already zoned commercial. He made mention of Daubert's property and he thought the Petersen's were operating a repair shop out of their home as well. Paul Grelk, 2210 W Military Ave objected to the building. He and his grandson can watch the turkey and the deer and other wildlife right now but if the building goes up there won't be a view anymore. He is concerned as to where the wildlife will cross Military Ave and how many will get hit. He is also concerned about the value of his property. Melissa Petersen, 2390 W Military responded that she and her fiancé are not operating a business but that he has a time consuming expensive hobby. All vehicles belong to them and are licensed and insured. It was moved by Bang, seconded by Sawyer to approve the motion. Roll call vote showed all members but Friedrich voting aye - 4 ayes – 1 nay. Motion approved.  Consider Request of Henry Martinez, 1215 N Pierce Street, to construct roofed porch with insufficient front yard setback. Henry Martinez and his daughter Jasmine (translating) explained there was no porch on the property and when it rains and snows the water leaks inside. Applicant did not provide a drawing so members had several questions. It was moved by Fredrich seconded by Winter, to approve a 5 x 5 poured concrete slab porch with up to 5' of overhang. A roll call vote showed all members present voting aye. 5-ayes. Motion approved.  Consider request of Dylan Nielsen, 1944 E Pearl St to place a shed with insufficient side yard setback and 4 feet from residence. Chief Building Inspector Don Simon stated the shed must have firewalls. They should use Type X, 5/8" drywall on all walls and the ceiling. Applicant agreed to these conditions. 2 It was moved by Winter and seconded by Friedrich to approve the motion. Roll call vote showed all members present voting aye. 5-ayes. Motion approved.  Consider request of Janet Wilcox, 1104 W 1st, to construct additional overhang which creates a 6 foot encroachment of the front yard 25' setback. Janet Wilcox, 1104 W 1st stated that she wanted to cover part of the handicap ramp that is already in place at the residence. Applicant thought they were actually going to move the ramp closer to the house. Contractor doing the job was not able to be present for the meeting. Applicant wasn't sure of where the house was located on the lot as far as the setback. She did have a drawing but members still weren't clear on what she wanted to do exactly. It was moved by Winter and seconded by Friedrich to continue the motion until the applicant can provide exact dimensions for property lines, how wide the steps are and exactly what portion they want to cover. A roll call vote showed all members present voting aye – 5.ayes Motion Continued.  Consider request of Tom Sawyer, 336 Shuster Ranch Road, to allow access way through buffer yard to rear of building. Member Sawyer requested to be excluded from this item's discussion. It was moved by Friedrich and seconded by Casey to approve the motion. Roll call vote showed all members present voting aye – 4 ayes. Motion approved. Tom Sawyer, 2524 Park Place Drive stated he needs a concrete access way at the back of the building so they can load their trucks. Their plan is to erect a 6 foot fence. Buffer yard would go from 30 to 20 feet. There would be a green area and then the fence. All storage will be inside this is just the driveway so the trucks can get back there. It was moved by Winter and seconded by Friedrich to approve the motion. Roll call vote showed all members present voting aye – 4 ayes. Motion Approved. Meeting Adjourned. 3