2014-11-6 Minutes
BOARD OF ADJUSTMENT
Meeting of November 6, 2014.
Chairman Doug Cook called the Blair Board of Adjustment to order at 5:00 p.m. Members
present were Doug Cook, Wyman Nelson, Carl Rennerfeldt, Dave Kaslon and John Abbott. Member
absent: Dick Wardell. Others present were Assistant Administrator Green.
Motion by Abbott, second by Rennerfeldt to approve the minutes of the June 26, 2012 meeting
as presented to members. All members present voted Aye. Chairman Cook declared the motion
carried.
Assistant Administrator Green stated the applicant would like to request a variance of the front
yard and side yard setbacks to allow the construction of a new building in the footprint of the existing
building. The property is currently zoned A/CH – Agricultural / Commercial Highway District. The
applicant would like to tear down the existing round-top steel structure that was damaged in the
2014 Hail Storm and replace it in the same footprint with a new, modern steel structure. The
existing lot, at its maximum, is 122 feet long x 68 feet wide. Since the lot fronts along Hwy 30,
which is a federal aid highway, the front yard setback is one hundred (100) feet from the center
line or thirty five (35) feet from the property line, whichever is greater. Due to this setback
requirement, the applicant is seeking a variance from the requirements of Section 801.08 (1)
Minimum Front Yard Requirements. The new structure would be located in the footprint of the
existing structure. Green then reviewed the Nebraska Statute 19-910 requirements with the
Board in reference to guidelines for approving a variance. The statue does allow for the approval
of a variance if the following exists: There is an extraordinary and exceptional situation or
condition of such piece of property, the strict application of any enacted regulation under this
section and sections 19-901, 19-903 to 19-904.01, and 19-908 would result in peculiar and
exceptional practical difficulties to or exceptional and undue hardships upon the owner of such
property, to authorize, upon an appeal relating to the property, a variance from such strict
application so as to relieve such difficulties or hardship, if such relief may be granted without
substantial detriment to the public good and without substantially impairing the intent and purpose
of any ordinance or resolution. He reminded the Board that no such variance shall be authorized
by the board unless it finds that: (a) The strict application of the zoning regulation would produce
undue hardship; (b) such hardship is not shared generally by other properties in the same zoning
district and the same vicinity; (c) the authorization of such variance will not be of substantial
detriment to adjacent property and the character of the district will not be changed by the granting
of the variance; and (d) the granting of such variance is based upon reason of demonstrable and
exceptional hardship as distinguished from variations for purposes of convenience, profit, or
caprice. No variance shall be authorized unless the board finds that the condition or situation of
the property concerned or the intended use of the property is not of so general or recurring a
nature as to make reasonably practicable the formulation of a general regulation to be adopted as
an amendment to the zoning regulations. Green also reviewed the Blair Zoning Regulations under
Section 1302.01 1302.01 REQUIREMENT FOR WRITTEN APPLICATION AND
CONDITIONS: A variance from the terms of this Ordinance shall not be granted by the City
Board of Zoning Adjustment unless and until a written application for a variance is submitted
demonstrating that special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures, or buildings
in the same district; that literal interpretation of the provisions of this Ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the same district under the terms
of this Ordinance; that the special conditions and circumstances do not result from the actions of
the applicant; and that granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other land, structures, or buildings in the same
district. Bob Pearson, applicant, stated he would like to construct a 24 x 26 building to meet ADA
requirements. His previous building was totaled by the insurance company and it makes more
sense to construct a new building with the insurance proceeds as opposed to trying to repair the
damaged structure. He did plan to shorten the new building by 2’ to keep it off the property line
as much as possible. Assistant City Administrator Green stated reminded the Board regarding the
previous reasons stated to grant a variance under Section C of State Statute 19-910. The Board
needs to determine if there is something unique about the lot that does not allow the applicant to
live under current regulations, find it to be true that it would not harm the public and would not
violate good principles of zoning. There were no comments from the floor or in writing.
Chairman Cook closed the public hearing. Motion by Abbott, second by Rennerfeldt to approve
the variance application submitted by Robert Pearson, 2113 Washington St, Blair, Nebraska for a
variance of the front yard and side yard setbacks to allow the construction of a new building in the
footprint of the existing building on all of Tax Lot 657 lying in the SW1/4 of the SE1/4 of Section
11, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska (634 S.
19th St) with the entire buildable area of only 877 sq. ft. and front yard variance is approximately
12’ is approved as presented based on the specific hardship per the Nebraska Revised Statute and
the Blair Zoning Ordinance. All members present voted Aye. Chairman Cook declared the
motion carried to approve the variance as submitted by Robert Pearson.
There were no communications from the floor.
Motion by Abbott, second by Kaslon to adjourn the meeting at 5:22 P.M. All members
present voted Aye. Chairman Cook declared the meeting adjourned.
_______________________________
Brenda Wheeler, Secretary