2003-1-16, 2002-12-5, 2002-11-21 Minutes
BOARD OF ADJUSTMENT
Meeting of February 26, 2003
Chairman Doug Cook called the Blair Board of Adjustment to order at 12:02 p.m.
Members present were Doug Cook, Dave Bohling, Lee Suhr, Wyman Nelson and Jim
Munson. Members absent: Alternate Dick Wardell. Others present were City Attorney
Samson, City Administrator Storm and Assistant Administrator Bovick.
Motion by Bohling, second by Munson to approve the minutes of the November 21,
2002, December 5, 2002 and January 16, 2003 meetings as presented to members. All
members present voted Aye. Chairman Cook declared the motion carried.
Nile Johnson, representing Lora Heppner, 1968 Park Street, appeared before the
Board to outline the reason for the variance requested to keep an accessory building on the
property they recently bought to construct a new home. Mr. Johnson stated the storage
building in question was on the property at the time Ms. Heppner purchased the property so
they were unaware the building would need to be removed. They would like to make
improvements to the building and use it for storage while constructing their new home and
later use it for storage of lawn mowers and such. He noted this is not a normal residential
lot in Blair as the building will be at least 400 feet away from the house they plan to
construct. The plan is to construct the home at the top of the hill and it would not be
practical to place a storage shed behind the house at the top of the hill. The variance
would allow for the accessory structure to remain in the front yard of the Heppner’s
property. Mr. Johnson indicated that the hardship that existed was that there would be no
room to place a house and a shed at the top of the hill. Assistant Administrator Bovick
indicated that all residential lots in city limits have the same definition for a lot which defines
that no accessory buildings can be constructed in the front yard. He also noted that this
building is approximately 1500 square feet and that even if this variance were granted, the
building could not be larger than that allowed by zoning for accessory buildings.
Discussion was held regarding the lot split that was approved causing this building to be a
nonconforming use. Ms. Heppner stated they purchased the property with the intent of
using the barn and would not have purchased the property if she had known she could not
use the building. Assistant Administrator Bovick indicated that Ms. Heppner would be able
to construct a home at the bottom of the hill which would allow for the building to remain
since it would be in a rear yard as opposed to a front yard. City Attorney Samson stressed
that the Board’s consideration is for a hardship that exists to this property that does not
exist to any other lot in the area and if granted, then this could be used as a precedent to
any one else in the community. The applicant must provide fact specific hardship. Tim
Nietfeld, surrounding property owner, stated he is the only property owner who has to view
this building and he had no problem with the building. City Administrator Storm stressed
that the applicant had an alternate option to keep the building and that was to construct the
home at the bottom of the hill, that financial reasons and aesthetics do not constitute a
hardship. Motion by Munson, second by Nelson to deny the Variance Application
submitted by Lora Heppner, 1968 Park Street, Blair to have an accessory building located
between the front building line of the principle building and the front property line on her
th
property known as Tax Lot 242, Section 14, Township 18 North, Range 11 East of the 6
P.M., Washington County, Nebraska. Members present voting Aye: Cook, Munson, Nelson
and Suhr. Members present voting Nay: Bohling. Chairman Cook declared the motion
carried.
Motion by Bohling, second by Suhr to request the Planning Commission look at all
lots in the City limits to determine if 2 acre + lots should have different rules for accessory
structures. Members present voting Aye: Cook, Suhr, Munson and Bohling. Nelson
abstained.
There were no communications from the floor.
Motion by Nelson, second by Munson to adjourn the meeting at 12:36 P.M. All
members present voted Aye. Chairman Cook declared the meeting adjourned.
_______________________________
Brenda Taylor, Secretary