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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