Board of Adjustment

MINUTES BOARD OF ADJUSTMENT REGULAR MEETING AUGUST 25, 2014 – 4:30 P.M. CITY COUNCIL CHAMBERS PRESENT: Chairman Bang, Members, Casey, Winter, Sawyer, Interim Planning Director, Justin Zetterman, Chief Building Inspector, Don Simon and Public Works Director, Dave Goedeken ABSENT: Member Friedrich 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 August 21, 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 Winter, seconded by Casey, to dispense with the reading of the Minutes of the July 28th, 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 Charles and Mary Lou Diers, Charlie H. Diers, LLC to allow double frontage lots less than 150' at Lots 3, 4 and 5, Block 1, Brooks Hollow Addition. Interim City Planner, Justin Zetterman explained that further inspection of the plat showed that we should be including Lot 2 as well as it is smaller than 150 feet too. Marlin Brabec stated it is just a housekeeping issue. It was moved by Casey and seconded by Winter to approve A roll call vote showed all members present voting aye. 4 – Ayes. Motion approved.  Consider request of David and Jill Sellon, 1704 East Frederiksen, to allow a 4 foot overhang on the shed. It was moved by Winter and seconded by Sawyer to approve the motion. A roll call vote showed all members voting aye. 4 – Ayes. Motion approved.  Consider request of David Adler, 1335 Colson, to erect a garage that will create insufficient side yard setback. 1 Dave Adler explained he would like to erect a car port and add on to his garage. Dave stated that he would be following the line of the existing garage. He will not be closer to the property line. Applicant would rather tear down the garage and rebuild and he would include a fire wall. The new garage will be structurally harmonious with the residence. It was moved by Sawyer, seconded by Winter to approve the motion. Roll call vote showed all members voting aye - 4 ayes Motion approved.  Consider request of Dan Jesperson, DJ's Bar and Grill, 415 S Main to erect addition that will create insufficient front, rear and side yard setbacks. Dan Jesperson stated he is looking to add onto his building to make an all enclosed (with expanding metal) beer garden/smoking area. The walls would be 42" block, 5 sided addition though he isn't certain of the actual design. Todd Hoppe, 421 Empire spoke on Dan Jesperson's behalf in the hope of clarifying some issues. There is not any area where motorist's vision would be hindered. This parcel is unique in its shape and already sits on the property line. It was determined that the zero setback would be approved on the diagonal part of Main Street and no further west than the existing building. It was determined an ADA parking space would be added on a hard surface, a sidewalk would be constructed and the area from the emergency exit would also be paved. It was moved by Sawyer and seconded by Winter, to approve. A roll call vote showed all members present voting aye. 4-ayes. Motion approved.  Consider request of Janet Wilcox, 1104 West 1st, Street to allow for handicapped ramp to be partially covered which would encroach on the front yard setback. Ron Wilcox of 1104 West 1st Street, stated that they are looking to change the shape of the handicapped ramp and make the porch a little larger and that is the portion that would be covered. The handicap ramp will not be any closer to the sidewalk than it is now. House was built in 1999 and covers 2 lots on a gravel street. It was moved by Sawyer and seconded by Casey to approve the motion. Roll call vote showed all members present voting aye. 4-ayes. Motion approved. Meeting Adjourned. 2