October 13, 2008
Chairperson Lassley read the statement regarding the Open Meetings Act.
1. Chairperson Lassley called the meeting to order at 5:30 p.m. Other members present were: Blatny,
Boerner, and Buehler.
2. Next, was the approval of the minutes from the October 1, 2008 hearing.
Member Buehler made the motion to approve the minutes of the October 1, 2008 meeting Member Boerner seconded the motion.
By roll call, the vote was: 4 - "yes" (Blatny, Boerner, Buehler, Lassley) / 0 - "no". The motion passed.
3. Next, was the public hearing on the variance request ( VAI - 2008 – A3 ) from Jim and Mary Wert.
Jim Wert, Mary Wert and Bill Dewald were present.
The request was for a variance from the maximum sq. ft. requirement (864 sq. ft.) for an accessory building on a property located in the R2 – Medium Density Residential zoning district as stated in Article 5, section 5.07.5a of the City of Fairbury, Nebraska Zoning regulations - 2005 Edition.
Chairperson Lassley opened the hearing.
Mr. Bill Dewald stated that originally they were told they could build a 28 ½’ x 30’ building. Then they took the old garage down and changed the sq. ft. of the proposed garage to 30’ x 30’ and began pouring the footings. At that point he went to get the building permit and discovered the sq. ft. of the accessory building exceeded the allowable sq. ft. for that zoning district. Member Buehler ask what the distance from the house to the alley was to which Dewald responded 91’. Member Blatny asked what the distance from the garage to the alley was to which Dewald responded 23’. Member Blatny asked if there were any other garages on the property and Dewald stated there was 1 other garage. Member Blatny asked Assistant Street Superintendent Bedlan if there were any comments made to the city in regards to this accessory building to which Bedlan stated there were not. Member Buehler asked if the neighbors were ok with the building and Jim Wert stated that there were no objections. Member Buehler stated that the building was in a good location on the property and Member Blatny stated that although she is not happy that construction was started before the building permit was issued she sees no problem with allowing for the variance.
Member Lassley made the motion that the Board approve the variance application request ( VAI-2008-A3 ) from Jim and Mary Wert to allow the variance for an accessory building exceeding the maximum sq. ft. requirement of 864 sq. ft. for the Medium Density Residential Zoning district. Member Blatny seconded the motion. By roll call, the vote was: 4 – “yes” (Blatny, Boerner, Lassley Buehler) / 0 “no”. The motion passed.
2. Next, was the public hearing on the variance request ( VAI - 2008 – A4 ) from Jane Campbell.
Bob Schuster of Building Tech. was representing Jane Campbell.
The request was for a variance from the maximum sq. ft. requirement (1,080 sq. ft.) and maximum height requirement (15’) for an accessory building on a property located in the R1 – Low Density Residential zoning district as stated in Article 5, section 5.06.5a of the City of Fairbury, Nebraska Zoning regulations - 2005 Edition.
Chairperson Lassley opened the hearing.
Member Blatny noted that Campbell owns property just outside of town and questioned why she was not placing the accessory building on that property rather than in town. Member Buehler noted that there is a porch proposed on the southeast side of the building. To which Schuster stated that they planed for some living space in the building and though that the porch would breakup the height, noting that the height of the porch would be 8’. Member Blatny again questioned the size and stated that she felt it might block the neighbors view. Member Boerner compared the size of Campbell’s building to that of another in the Northgate addition which Member Blatny felt was also too large and should have not been allowed. Member Buehler made a motion to table the hearing for 20 minutes so the members could go look at the proposed site. Member Boerner seconded the motion and the hearing was tabled.
The hearing was reopened and member Denise clarified the future plans of the Planning and Zoning commission. Member Buehler asked how many acres Campbell had out of town to which no one had a response. Blatny questioned the farming equipment that the building was to be used for, why it needed to be located in town when she has property out of town, how a building of that size would fit into Planning goals and why it needed to be so big. Again she noted a similar garage in the area and stated that the size of that on was also unacceptable. As an aside Blatny stated that contractors needed to get permits before they started building to which Buehler noted that they could fine individuals who begin building without permits. Buehler also noted that there were several other buildings in the area that were higher and he felt that with the proposed trees the height of the proposed building did not pose a problem. Boerner noted that the building to the north was the same height to which Blatny stated she would not have approved that one either. Boerner asked Schuster if he could come back with a smaller plan and Schuster stated he would need to run that by his client. Blatny again questioned Campbell’s motives for wanting such a large accessory building in town and Buehler questioned the living area and deck on a garage. Again Blatny stated it just did not fit into the plans of the Planning and Zoning Commission. Schuster stated that they needed 16’ side walls on the garage to have a 14’ door to fit campers and such in it. When asked what the maximum requirements were for this area Bedlan stated that 15’ was the maximum height and 1,080 was the max sq. ft. Member Lassley asked if it would make a difference if Campbell came back with a proposal around 2,000 sq. ft. or less and Bedlan explained that zoning law in a low-density residential area only allotted for a maximum of 15’ in height and 1,080 sq. ft. Schuster asked how residents of Fairbury garaged their campers and member Blatny replied that there were several nice storage facilities near by and that to the best of her knowledge Beatrice was as strict if not more so on these types of building requirements to which Schuster replied not on acreages and that there were several pole buildings in Beatrice this size. Bedlan noted that if there were concerns about the sq. ft. and height requirements that could be taken up with the Planning and Zoning commission but as for now those are the required maximums according to zoning law in Fairbury. Member Buehler noted Campbell’s proposal to plant trees around the building and stated that he felt due to it’s location it would not obstruct the view.
Member Buehler made the motion that the Board approve the variance application request ( VAI-2008-A4 ) from Jane Campbell to allow the variance for an accessory building exceeding the maximum sq. ft. requirement of 1,080 sq. ft. and the maximum height requirement of 15’ for the Low Density Residential Zoning district. Member Lassley seconded the motion. By roll call, the vote was: 1 - “yes” (Buehler) and 3 - “no” (Blatny, Boerner, Lassley). The motion did not pass.
4. Next, was the item of comments for non-agenda items from the public. There were no public comments
on non-agenda item.
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: 4 - "yes" (Blatny, Boerner, Lassley, Buehler) / 0 - "no"
The motion passed. Chairperson Lassley declared the meeting adjourned.
Laura K. Bedlan
Board of Adjustment Secretary