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1996-09-16BOARD OF ADJUSTMENT Meeting of September 19, 1996 The Blair Board of Adjustment was called to order at 12:00 Noon by Temporary Chairman Waite. Members present were Margaret Hansen, Lloyd Scheve, Dave Waite, John Jacobson and Robert Carlson. Members absent were Richard Hansen. Others present were City Attorney Nelson and City Administrator Storm. Temporary Chairman Waite stated an election of officers would need to be held prior to addressing any items on the agenda. Waite opened the floor for nominations of Chairman. Motion by Scheve to nominate Waite for Chairman, second by Hansen. Scheve moved to cease nominations. All members present gave a voice vote Aye in favor of Dave Waite as Chairman. Motion by Scheve, second by Hansen to nominate Robert Carlson as Vice Chairman. Scheve moved to cease nominations. All members present gave a voice vote Aye in favor of Robert Carlson as Vice Chairman. Motion by Carlson, second by Scheve that the minutes of the July 2, 1996, meeting be approved as presented to members. All members present gave a voice vote Aye. Chairman Waite declared the motion carried. Richard and Elizabeth Widtfeldt were present to answer questions regarding their variance request. Mr. Widtfeldt stated the fence has already been constructed. He stated he has had several conversations with Dale Miller, City Building Inspector, regarding code restrictions on a fence. In speaking with Dale, they felt he indicated there were no code regulations and verbal permission was granted to construct the fence. These conversations took place in approximately February or March, 1996 as the Widtfeldt's needed to order the fencing prior to installation. In June 1996, when the Contractor applied for the fence, the permit was issued based upon the fence height of 42". Again, the Widtfeldt's spoke with Mr. Miller and felt the fence could be constructed. The fence was constructed at the height of 52". The Widtfeldt's explained they felt they had done everything possible to construct this fence properly and felt the City Inspector had approved their fence. They also stated they had checked with all the neighbors and none of them had any objections to the fence. The fence they have constructed is strictly for ornamental and landscaping purposes. They desired to have something that would be maintenance free. Staff advised the Board their job was to find an undue hardship that meets the statues to allow this fence to remain at the height of 52". The Boards issue is not to determine any miscommunications between the City and the applicant or as to how this fence should be lowered. Several questions were asked by the Board regarding the rules and regulations of justifying a hardship. Motion by Scheve, second by Waite to deny the variance application submitted by Richard A. and Elizabeth E. Widtfeldt, 277 E. Baronage Drive, Blair for a 10" variance to the front yard fence height to allow for construction of a 52" fence on Lot 17 and East part of Lot 26, Baronage Valley, Blair, Nebraska, Washington County, based upon lack of hardship as state statue regulates. All members present voted Aye. Chairman Waite declared the motion carried. Gary Mathiesen was present to answer questions regarding the requested variance application submitted by Mathiesen Grain. Applicant submitted a map for the Board's review indicating that all adjacent and surrounding property have closer than 15' setbacks. He also stated he felt this bin would not deter from the integrity of the surrounding property and that constructing any smaller bin would not allow the bin arm to reach for unloading and loading purposes. He also noted that if the right of way on Nebraska Street was the same as the right of way on State Street there would not be a set back problem. Staff stressed to the Board that the right of way would not need to be changed but that the zoning setback requirements would need to be looked at by the Planning Commission and City Council. Staff also indicated'to the Board that a hardship did not exist. Mathiesen's can build a smaller bin, it just would not be the size they wanted. Mr. Mathiesen stated the next size bin they could get was 36' and this would not help them with the growth they are experiencing. Discussion by the Board was held regarding surrounding property setbacks, right of way affects on property setbacks the affect of granting variances, how many conditions of the hardship need to be met, 10' requirement between structures and zoning setbacks. Motion by Scheve, second by Hansen to recommend approval of the r - variance application submitted by Mathiesen Grain, 1539 Nebraska Street, Blair, for a 10' variance to the front yard setback to allow for construction of a grain bin on Tax Lot 192 in Section 12, Township 18, Range 11, all of Lot 1 and those parts of Lots 2, 3, 4, 5 and 6 in Block 16 in the town of Blair, lying Northeasterly of a line parallel with and distant 8.5 feet Southwesterly, measured at right angles, from the center line of Chicago and North Western Railway Company slur track ICC No. 67 (now removed), and the Southeasterly extension of the tangent segment thereof and Lots 4- 7, Block 16, Blair, Nebraska,, Washington County due to the fact surrounding structures are grandfathered and do not share at this time in setback requirements as neighboring properties do and the construction of a grain bin does not affect the integrity of the neighborhood. - Members voting Aye: Carlson, Waite, Hansen and Scheve. Members voting Nay: Jacobson. Chairman Waite declared the motion carried. There were no communications from the floor. Motion by Hansen, seconded by Carlson to adjourn the meeting at 12:55 P.M. All members present voting Aye, Chairman Waite declared the meeting adjourned. Z// f Brenda Taylor, Sec/i tart'