October 1, 2008
Chairperson Lassley read the statement regarding the Open Meetings Act.
1. Chairperson Lassley called the meeting to order at 5:37 p.m. Other members present were: Blatny, Boerner, Boyer and Buehler.
2. Next, was the public hearing on the variance request ( VAI - 2008 - A1 ) from Tim and Janel Hynek.
Tim and Janel Hynek were present.
The request was for a variance from the minimum side yard setback distance (5’) for an accessory building on a property located in the R3 – High Density Residential zoning district as stated in Article 5, section 5.08.5.a of the City of Fairbury, Nebraska Zoning regulations - 2005 Edition.
Chairperson Lassley opened the hearing.
Mr. Tim Hynek stated that because of the size of the lot and drive through driveway putting the shed within 1’ of their south side property line allows for complete access and doesn’t use up any more of their yard.
Member Lassley asked if the neighbor to the south has been contacted and Tim stated that the Stellings have been contacted and have agreed for the Hynek’s to build as close to the property line as they see fit . Tim noted that the Stellings have also provided a letter to that affect.
Member Blatny asked Tim what they are planning to use the building for and Tim stated that it would be used for storage of items which are now setting on the patio.
Member Blatny asked Laura Bedlan if anyone had contacted her with concerns about the building and Laura stated she has not heard any complaints.
With no further questions or discussion, Chairperson Lassley closed the hearing.
Member Blatny made the motion that the Board approve the variance application request
( VAI-2008-A1 ) from Tim and Janel Hynek to allow the variance for the placement of an accessory building within 1’ of their south side property line. Member Boerner seconded the motion. By
roll call, the vote was: 5 - "yes" ( Blatny, Boerner, Boyer, Lassley, Buehler ) / 0 - "no". The motion passed.
2. Next, was the public hearing on the variance request ( VAI - 2008 - A2 ) from Parkview Manor.
Joy Hill was representing Parkview Manor.
The request was for a variance from the maximum sq. ft. requirement for an accessory structure located on a multi-family property in the R3 – High Density Residential zoning district as provided in Article 5, Section 5.08.5a Special Provision 3 of the City of Fairbury, Nebraska Zoning Regulations - 2005 Edition.
Chairperson Lassley opened the hearing.
Mrs. Joy Hill stated that they want to build a 10 stall carport for the protection of their tenant’s vehicles. She noted that she did not understand why they needed a variance because she feels they meet all the requirements.
Member Lassley noted that they already have a similar carport only bigger to which Joy responded that they have an existing 16 stall carport and 60 units so adding a 10 stall carport will still not be enough for all the tenants. Joy added that they have already done all paperwork, HUD has approved it and the money for construction is already standing by. They feel that construction of this carport will keep the building competitive in the rental market for when the city takes over the property.
Member Blatny asked what requirement was causing the need for a request for variance and member Lassley responded that the carport was exceeding the maximum sq ft’ requirement of 600 sq ft’
Member Blatny asked Joy what the building will look like. Joy responded that it will be similar to the existing structure and able to withstand high winds and high snow loads.
Member Boyer asked Joy if it will have storage in the front like the existing carport and Joy stated that it will not.
Member Blatny ask Joy how far back it will set. Joy responded that it will set 24’ from the street and 20’ from the lot line of the park on the west side of the parking lot closest to the park. It will be an open structure so as not to obstruct the view of the park.
Member Boyer noted that he had no problems with the structure
Member Blatny noted the estimated cost of construction to which Joy responded that they wanted to build a quality structure that could withstand high winds and storms.
Member Blatny asked Joy if there would be a guttering system. Joy stated that there would be and that there would not be underground sprinklers like in the other carport. It will sit on the existing concrete.
With no further questions or discussion, Chairperson Lassley closed the hearing.
Member Boyer made the motion that the Board approve the variance application request
( VAI-2008-A2 ) from Parkview Manor to allow the variance for the placement of an accessory building exceeding 600 sq ft’. Member Buehler seconded the motion. By roll call, the vote was: 5 - "yes" ( Blatny, Boerner, Boyer, Lassley, Buehler ) / 0 - "no". The motion passed.
4. Next, was the item of comments for non-agenda items from the public.
Mayor Fry thanked the members of the board for their service and noted that it is not easy to find people willing to do their job.
5. Next, was the discussion of the Board of Adjustments to authorize the Zoning Administrator or Building Inspector to set the public hearings as required by statute.
The Zoning Administrator Laura Bedlan explained that in order to avoid having to have a public meeting to set the public hearing date and to be in compliance with the state statute the Board of Adjustments would need to pass a motion that allowed either the Zoning Administrator or Building Inspector to set the public hearings in lieu of having the meetings to set the hearings as required by statute.
Member Buehler made the motion to authorize the Zoning Administrator or Building Inspector to set all future public hearings as required by statute. Member Blatny seconded the motion. By roll call, the vote was: 5 - "yes" ( Blatny, Boerner, Boyer, Lassley, Buehler ) / 0 - "no". The motion passed.
6. With no other business on the agenda, Member Buehler made the motion to adjourn. Member Boerner seconded the motion. By roll call,
the vote was: 5 - "yes" (Blatny, Boerner, Boyer, Lassley, Buehler) / 0 - "no". The motion passed. Chairperson Lassley declared the
meeting adjourned.
Laura K. Bedlan
Board of Adjustment Secretary