2003-1-6 Minutes
BOARD OF ADJUSTMENT
Meeting of November 21, 2002
The Blair Board of Adjustment was called to order at 12:00 Noon by Chairman Doug
Cook. Due to the lack of a quorum, Chairman Cook opened the meeting and reconvened
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the meeting to Thursday, December 5 at noon. Others present: Assistant Administrator
Scott Bovick.
Meeting of December 5, 2002
Chairman Doug Cook called the Blair Board of Adjustment to order at 12:20 p.m.
Members present were Doug Cook, Dave Bohling and Lee Suhr. Members absent: Randy
Lock and Paul Buckingham. Member Jeff Bryan is no longer on the Board due to his
moving outside of City Limits. Others present were City Attorney Samson, City
Administrator Storm and Assistant Administrator Bovick. Due to a lack of a quorum, motion
by Bohling, second by Suhr to reconvene the meeting on January 16, 2003 at Noon. All
members present voted Aye. Chairman Cook declared the motion carried.
Meeting of January 16, 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, and newly appointed
members Wyman Nelson and Jim Munson. Members absent: Newly appointed Board
alternate Dick Wardell. Others present were City Attorney Samson, City Administrator
Storm and Assistant Administrator Bovick.
Chairman Cook introduced the new members and welcomed them to the Board.
Motion by Nelson, second by Munson to nominate Doug Cook as Chairman, Wyman
Nelson as Vice Chairman and Brenda Taylor as Secretary. Motion by Munson, second by
Bohling to cease nominations for Chairman, Vice Chairman and Secretary. All members
present voted Aye. Chairman Cook declared the motion carried. All members present voted
Aye on the nominations. Chairman Cook declared the motion for nominations carried.
City Administrator Storm reviewed the role of Board of Adjustment members in
reference to the state law requirements for the issuance of a variance. He noted that it is
the responsibility of the applicant to prove his hardship according to state statute.
Motion by Munson, second by Bohling to approve the minutes of the September 4,
2003 meeting as presented to members. All members present voted Aye. Chairman Cook
declared the motion carried.
No one was present on behalf of the applicant Carol Kahler for a variance to the
location of an accessory building. Assistant Administrator Bovick stated that Ms. Kahler is
a resident of California and he was under the impression that Ms. Kahler’s contractor would
be at the meeting today. Bovick stated Ms. Kahler’s request is to grant a variance to zoning
which requires a new structure to be located 10’ from any other structure. The neighbor to
the West of Ms. Kahler presently has a building located 1’ from the property line; therefore,
Ms. Kahler would need to construct her building 9’ from the property line to meet zoning
requirements. Bovick indicated Ms. Kahler has stated that the alley ends at her property;
however, upon his review of the City map, the alley is platted to the end of her lot. Ms.
Kahler does have access to her lot from this alley. He also noted that Ms. Kahler has
options available to her for locating the building and complying with the current zoning
regulations. Bovick indicated there appeared to be no real hardship. Motion by Bohling,
second by Munson to deny the request for a Variance application submitted by Carol
Kahler, 1507 South Street, to allow location of an accessory building in her rear yard within
ten feet of another building on Lot 1, Block 1, Harbachs Addition, Blair, Washington County,
Nebraska (otherwise known as 1507 South Street). All members present voted Aye.
Chairman Cook declared the motion carried to deny the variance request.
Dave Nannen was present to request a variance to the sign regulations as set forth
in the Zoning Ordinance. Mr. Nannen presented computerized pictures of what each of the
proposed signs appeared as originally and how they would have to appear if they were
required to meet the strict application of the Zoning Ordinance. These signs would include
one wall sign on the east sign and one on the north side. He presented his hardship as a
visibility issue. He noted that elderly clients would need to find his location. Mr. Nannen
stated the proposed signs were not gaudy and he noted the size and location of the signs
at the hospital. He stated he was required to obtain a Conditional Use Permit for this
building and felt the sign should have been covered under this. He also said that due to the
fact that they provide a medical service, their visibility is important. He noted that this
facility has improved the area and a large investment has been made to construct a nice
facility in the area. Assistant Administrator Bovick stated the application must go through
the variance process and noted that other signs such as those at Memorial Community
Hospital are not relevant to this issue. Bovick explained the dimensions of the signs and
how the City has now and in the past figured the size of a sign. He also presented some
alternatives for the sign that would allow Mr. Nannen to install the sign without a variance.
He also noted that the Board needs to consider only the size of the sign not the esthetics of
the building and signs. Bovick stated this building was located at a very visible intersection
and was easily identified. Board Member Nelson indicated it was not the job of this Board
to agree or disagree with Zoning Regulations. The Board has to look at the hardship based
on the facts. A recommendation can be made to the Planning Commission to change or
review the Zoning Regulations at a later date. Motion by Munson, second by Nelson to
deny the Variance application submitted by Nannen Physical Therapy, 1665 Washington,
Blair to allow wall signs on the North and East façade of the building to exceed thirty-two
(32) square feet of sign area on their property known as North 90’ of Lot 7, South 110’ of
Lot 8, Block 2 and vacated alley, Neff’s Addition, Blair, Washington County, Nebraska
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(otherwise known as 636 North 20 Avenue). Members present voting Aye: Nelson,
Munson and Cook. Members present voting Nay: Suhr and Bohling. Chairman Cook
declared the motion carried to deny the variance request.
City Administrator Storm stated that a Planning Conference was coming up in March
that would provide good information to members of the Board that were interested in
attending. Information would be sent out at a later date and the City would pay for hotel,
food and travel expense.
There were no communications from the floor.
Motion by Munson, second by Nelson to adjourn the meeting at 1:45 P.M. All
members present voted Aye. Chairman Cook declared the meeting adjourned.
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Brenda Taylor, Secretary