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2001-5-17 Minutes BOARD OF ADJUSTMENT Meeting of May 17, 2001 The Blair Board of Adjustment was called to order at 12:00 Noon by Chairman Doug Cook. Members present were Doug Cook, Dave Bohling, Jeff Bryan, Randy Lock and Lee Suhr. Members absent were Paul Buckingham. Others present were Assistant Administrator Hiller. Motion by Lock, second by Bryan to approve the minutes of the September 21, 2000 meeting as presented to members. All members present voted Aye. Chairman Cook declared the motion carried. Roger Bauer spoke on behalf of William Taylor regarding their request for a variance for the construction of a garage. Mr. Bauer stated they planned to remove the existing garage and would like to construct the new garage in approximately the same location. If they were required to move the garage over to comply with zoning, it would create a bad situation and usefulness of the garage. The driveway would have to angle back to the garage and a tree that can not be removed in the back yard would prevent the garage from being constructed off of the alley. By moving the garage, it would also cause the garage door to be constructed 2’4” from the corner, as the building code does not allow for the installation of a door directly next to the corner. The garage is currently 8’ from the house and the new garage will be placed another 8’ from the house for a total of 16’ from the house. The new garage will be in line with the neighbor’s existing garage. Assistant Administrator Hiller reviewed the lot location and current layout of existing property through a power point presentation. She also advised that the zoning ordinance requires new construction meet the current setback requirements, that approximately 30’ exists from the edge of alley to the new garage so there would be ample room for access off of the alley and several walls of the garage would have to be fire rated if it was allowed to be constructed closer than 10’ from the house. Ms Hiller and Chairman Cook outlined the findings of fact stated by State Statutes that the Board must consider when granting a variance. Discussion was held regarding constructing the garage with access off of the alley, distance of neighbor’s garage from lot line, removal of tree in the rear yard, and setbacks as required by the Zoning Ordinance. Motion by Bohling, second by Cook to reject the variance application submitted by William Taylor, 1942 Colfax Street, Blair for a variance of the side yard setback from 5’ (required to 3’ for the construction of a new detached garage on Lot 9, Block 62 BD First Addition, Washington County, Blair, Nebraska. Members present voting Aye: Cook, Bohling, Lock and Bryan. Members present voting Nay: Suhr. Chairman Cook declared the motion carried. Assistant Administrator Hiller updated the Commission on variance application submitted by Clegg and Ronning. On August 16, 2001 the Board of Adjustment considered two applications (Richard and Laura Ronning and Michael and Jackie Clegg for variances of the side and/or rear yard setback (50 feet) to allow accessory structures in the AGG District. The Board of Adjustment had suggested that the Zoning Ordinance (Section 501.08) should be amended, as these applications were representatives of several other dealings with building setbacks in the agricultural district. On October 20, 2000 the City Council amended the Ordinance to allow accessory buildings not used for keeping animals to provide a setback of 25’ from the side and rear property lines; residential structures and accessory buildings used for sheltering animals must still provide a 50’ setback. The Clegg and Ronning applications for variances were terminated and the fee refunded. There were no communications from the floor. Motion by Lock, second by Bryan to adjourn the meeting at 12:35 p.m. All members present voted Aye. Chairman Cook declared the meeting adjourned. ________________________________________ Brenda Taylor, City Clerk