VA20160818-DENIEDFiling Date Receipt Number:r
APPLICATION FOR VARIANCE
1.
M.1.1- Blair, LLC 11750 Sto negate Circle, Omaha, NE 68164 402-334-2123
Applicant's Name Mailing Address Telephone
Kyle Haase 10909 Mill Valley Road, Suite 100
2, E &A Consulting Group, Inc. Omaha. NE 68154 402-895-4700
Agent's Name Mailing Address Telephone
3. M.1.1 -Blair, LLC 11750 Stonegate Circle, Omaha, NE 68154 402-334-2123
Owner's Name Mailing Address Telephone
4 240 East Highway 30 Blair, NE 68008 Legal Description: BC TL 257 7-18-12 114 PC 35
Address and Legal Description of Location - Subject Property
5, Article 8, Section 801.04 -Allow outdoor storage in A/CH Agricultural/Highway Commercial
Describe the requested Variance
6. See Attached
State briefly your reasons and hardship for request (Use Back if Necessary)
Signature of Bldg. Inspector Date
DO NOT WRITE BELOW THIS LINE
BOARD OF ADJUSTMENT HEARING ACTION
1. Carried to
2. Not Carried to
Date of Notice d 20 I �,
Date of Public Hearing J\u s+ ZQI b
Date Approved
Date Not Approved SL I 01�,
Recommendation —i0 l.ef\�/ a S [CQl&SkJ
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Proj No: P2016.108.002
Revisions
SITE CONCEPT
STORAGE UNITS
BUIR,NEBRASKA
leen
E & A CONSULTING GROUP, INC.
E & A CONSULTING GROUP, INC.
Engineering • Planning • Environmental & Field Services
Date: 5/13/2016
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Domflplion
Deslpad By: PJG
Date
Description
Drawn By: SOC
10909 Mill Valley Road, Sults 100. Omaha, NE 68154
Phone: 402.895.4700 • Fax: 402,895.3599
www.eaeg.com
Scale: AS NOTED
Sheet: 1 of 1
Engineering Answers
9h.. CON 5119120164:09FM K:IPIaJacbi2a1fi170B�p021PIon�IHIeIr51om9e e11ad00,tlr.9
E & A CONSULTING GROUP, INC.
Engineering Answers
10909 Mill Valley Road, Suite 100
Omaha, NE 68154
402.895.4700 Fax 402.895.3599
TO Phil Green
City of Blair
218 South 16th Street
Blair, Nebraska 68008
WE ARE SENDING YOU ❑ Attached
❑ Shop Drawings ❑ Prints
❑ Copy of Letter ❑ Change Order
DATF 7-27-2016
'OR NO. M2015.719.001
ATTENTION
Phil Green
RE:
Variance Application
240 East Highway 30
Variance Application
1
Check #10026 $230.00
1
❑ Under separate cover via
❑ Plans ❑ Samples
❑ Specifications
the following items:
COPIES DATE
NO. DESCRIPTION
1
Submittal Letter
1
Variance Application
1
Check #10026 $230.00
1
List Adjacent Land Owners
1
60 Scale Site Plan
1
11x 17 Site Plan
THESE ARE TRANSMITTED as checked below:
® For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review & comment ❑
❑ FOR BIDS DUE
REMARKS
COPY TO
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
SIGNED:
If enclosures are not as noted, kindly notify us at once
IED
E &A CONSULTING GROUP, INC.
Engineering Answers
.July 27, 2016
Mr. Phil Green
City of Blair
218 South 16th Street
Blair, NE 68008
Re: Outdoor Storage Variance- 240 East Highway 30
Project# M2015.719.001
Phil,
10909 Mill Valley Road, Suite 100 • Omaha, NE 68154-3950
P402.895.4700 • F402.895.3599
www.eacg.com
We are submitting the attached Variance Application for 240 East Highway 30 on behalf of E & A
Consulting Groups client, M.I.I.-Blair, LLC.. The subject property is currently known as Nebraska
Storage and is located north of Highway 30 and Eastgate Drive. The property is currently zoned A/CH
Agricultural/Highway Commercial. The property was recently purchased by the applicant with the intent
of expanding on the current indoor storage on site, providing new climate controlled storage and
offering the service of outdoor storage.
We are submitting the application for purposes of receiving a variance to Article 8, Section 801.04(20)
which states that outdoor storage on lots with highway frontage will not be permitted. We are basing the
application on the following hardship for the property.
1. There is currently a 150' wide OPPD easement that traverses the site centered on the
powerlines as constructed. This limits the ability of building additional indoor storage within the
easement and garners that portion of the property unusable.
In advance, thank you for your time and consideration to our application. Please find all needed
information attached. If you have any questions please feel free to contact me at 402-895-4700.
Sincerely,
Kyle Haase
E&A Consulting Group
'-r.N (66 'V' 0 lot'
SECTION 1302 ADDITIONAL REQUIREMENTS
In addition to the immediately above, the following shall be included as requirements,
administrative duties and conditions of the City Board of Zoning Adjustments.
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.
1302.02 EFFECT OF NON-CONFORMANCE: No non -conforming use of neighboring
lands, structures, or buildings in the same district, and no permitted or non -conforming
use of lands, structures, or buildings in other districts shall be considered grounds for the
issuance of a variance.
1302.03 PUBLIC HEARING AND FINDINGS OF THE BOARD: The City Board of
Adjustment shall hear and determine appeals from or other matters referred to it
regarding the application of this Ordinance. The Board shall fix a reasonable time for the
hearing of an appeal or any other matter referred to it. Notice of the time, place and
subject of such hearing shall be published once in the official City newspaper at least ten
(10) days prior to the date fixed for'the hearing. A copy of said notice shall be mailed to
the applicant, all owners of land within 300 feet of the property in question and to the
City Board of Adjustment. Any party may appear in person or by agent or by attorney;
the City Board of Adjustment shall make findings that the requirements of this section
have been met by the application for a variance; the Board shall further make a finding
that the reasons set forth in the application justify the granting of the variance and that the
variance is the minimum variance that will make possible the reasonable use of the land,
building, or structure; the Board shall further make a finding that the granting of the
variance shall be in harmony with the general purpose and intent of this Ordinance and
will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
1302.04 CONDITIONS IMPOSED: In granting any variance, the City Board of
Adjustment may prescribe appropriate conditions and safeguards in conformity with this
Ordinance. Violation of such conditions and safeguards, when made a part of the terms
under which the Variance is granted is punishable under SECTION 1702 of this
Ordinance.
1302.05 USE VARIANCES: Under no circumstances shall the City Board of Zoning
Adjustment grant a variance to allow a use not permissible under the terms of this
S7+afe, S+o-+0 fe
19-910. BOARD OF ADJUSTMENT; POWERS; ENUMERATED; JURISDICTION
ON APPEAL; VARIANCE; WIWN PERMITTED. The board of adjustment shall,
subject to such appropriate conditions and safeguards as may be established by the
legislative body, have only the following powers: (1) To hear and decide appeals where it is
alleged there is error in any order, requirement, decision or determination made by an
administrative official or agency based on or made in the enforcement of any zoning
regulation or any regulation relating to the location or soundness of structures; (2) to hear
and decide, in accordance with the provisions of any zoning regulations, requests for
interpretation of any map; and (3) where by reason of exceptional narrowness, shallowness,
or shape of a specific piece of property at the time of the enactment of the zoning
regulations, or by reason of exceptional topographic conditions or other extraordinary and
exceptional situation or condition of such piece of property, the strict application of any
enacted regulation under this section and section 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. 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. In exercising the above-mentioned powers such
board may, in conformity with the provisions of section 19-901 to 19-915, reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or determination appealed
from, and may make such order, requirement, decision or determination as ought to be
made, and to that end shall have all the powers of the officer from whom the appeal is talcen.
The concurring vote of four members of the board shall be necessary to reverse any order,
requirement, decision or determination of any such administrative official, or to decide in
favor of the applicant on any matter upon which it is required to pass under any such
regulation or to effect any variation in such regulation.
ARTICLE 13. CITY BOARD OF ZONING ADJUSTMENT
SECTION 1301 CREATION, TERMS, MEETING, AND RULES
All requirements of Chapter 2-3 of the Blair City Code shall be satisfied.
Janice J. Lippincott, Trustee Sterling Properties, Inc. Shirley Mac Bolton
976 Westridge Dr. a Nebraska Corporation Robert Eugne Bolton
Blair, NE 68008 PO Box 79 231 River Rd
Blair, NE 68008 Blair, NE 68008
Robert E. Bolton Howard K. McManigal Washinton County Veterans of
231 River Rd Rita M. McManigal Foreign Wars Post No. 1251
Blair, NE 68008 PO Box 812 393 River Rd
Blair, NE 68008 Blair, NE 68008
Delfino Martinez State of Nebraska
469 River Rd Department of Roads Cooper Woods, LLC
Blair, NE 68008 PO Box 94759 3606 N. 156th St., Suite 101-111
Lincoln, NE 68059 Omaha, NE 68116
Raymond E. Thompson Michael A. Foisey Chicago & Northwestern Railway
301 Jackson St. Sally L. Foisey UPRR Co. Property Tax
Blair, NE 68008 550 River Rd 1400 Douglas St, Stop 1640
Blair, NE 68008 Omaha, NE 68179
Ronald D. Hansen
Erma I. Hansen
8934 Co Rd. 41
Blair, NE 68008