1997-05-15BOARD OF ADJUSTMENT
Meeting of May 15, 1997
The Blair Board of Adjustment was called to order at 12:00 Noon by Temporary
Chairman Bob Sims. Members present were Dave Bohling, John Jacobson, Dave O'Hanlon
and Bob Sims. Members absent were Doug Cook and Gary Faneole. Others present were
City Attorney Samson and City Administrator Storm.
City Administrator Storm reviewed the board's policy as to the election of officers.
All members present, except Jacobson, have been newly appointed to the Board of
Adjustment in December 1996.
Temporary Chairman Sims stated an election of officers would need to be held prior
to addressing any items on the agenda. Sims opened the floor for nominations of
Chairman. Motion by Bohling, second by O'Hanlon to nominate Cook for Chairman. Motion
by Bohling, second by Jacobson to cease nominations. All members present gave a voice
vote Aye in favor of Doug Cook as Chairman. Motion by Bohling, second by Jacobson to
nominate Sims as Vice Chairman. Motion by O'Hanlon, second by Bohling to cease
nominations. All members present gave a voice vote Aye in favor of Robert Sims as Vice
Chairman.
Motion by O'Hanlon, second by Bohling to approve the minutes of the September
19, 1996, meeting as presented to members. All members present gave a voice vote Aye.
Vice Chairman Sims declared the motion carried.
City Administrator Storm reviewed the role of the Board of Adjustment, the role of the
alternate member and the requirements for a hardship in granting a variance. Storm
reviewed the State Statutes requirements for a hardship. He noted the Board's
responsibility was not to find a hardship, but for the applicant to prove a hardship. He
stated the Board of Adjustment was not a legislative body. The granting of a variance
would be based upon the Board finding a hardship that exists to the applicants property
that does not exist to other property in that zoning area. The Board regarding what does
constitute a hardship and the responsibility of the Board to determine a hardship held
discussion.
Board member Bohling declared a conflict of interest on Agenda Item #1. Motion by
Jacobson, second by O'Hanlon to table this item until May 20, 1997 at Noon due to the lack
of a quorum on this agenda item. All members present voting Aye. Temporary Chairman
declared the motion carried.
Discussion with applicant Phil Rice regarding the tabling of his agenda item also
until May 20, 1997. Motion by Bohling, second by O'Hanlon to table Agenda Item #2 until
May 20, 1997 at Noon. All members present voting Aye. Temporary Chairman Sims
declared the motion carried.
Meeting adjourned at 12:35 p.m.
Meeting reconvened on May 20, 1997 at 12:07 p.m.
Members present were O'Hanlon, Bohling, Jacobson, Sims, Cook and Faneole.
Members absent were None. Others present were City Administrator Storm and City
Attorney Samson.
Chairman Cook called the meeting to order.
Bohling declared a conflict of interest on agenda item #1. Dave O'Hanlon will take
his place and vote.
Mitch Sorensen was present to discuss his proposed variance. Mr. Sorensen
explained his proposed plan by reviewing his map so all members were clear on his plan.
He stated he wanted to replace an existing with a new Morton building, but he did not have
the required front setback in order to place the new building on the existing foundation. He
gave several reasons for not wanting to relocate the building:
1. Keep farming operation in same location as all other buildings in the area.
2. Existing building works as a wind break which helps heat his home in the
winter.
3. If he had to build some where else it would take up land he currently farms
and cause a loss of farming land.
He also stated the current building was built in 1954 and was beyond repair. Mr. Sorensen
also stated he would not be asking for a variance if he felt it was detrimental to anyone
else's property. The Board held discussion regarding the feasibility to move building back
to meet current setbacks, distance of closest neighbor, size and shape of possibly
constructing a building that would fit into the area, the basis of using the building as a
windbreak, size of existing building, and other locations for building on the property. There
were no communications from the audience. Motion by O'Hanlon, second by Cook to deny
the variance application submitted by Mitch Sorensen, Rt. 1, Box 80, Blair, for a 40' variance
to the front yard setback to replace existing building with a new Morton building on the
SE1/4 of Section 36, Township 19, Range 11, Washington County, Blair, Nebraska.
Members voting Aye: Jacobson, Fanoele, Cook, Sims, and O'Hanlon. Bohling abstained.
Chairman Cook declared the motion carried.
Phil Rice was present to answer questions regarding his application for a variance.
Mr. Rice reviewed his plans for the construction of a new porch and steps to his home. He
stated he purchased the home (8) years ago and the stoop that currently exists at his home
is pulling away from his house. He stated he would be allowed to construct another stoop
exactly the same as the current stoop, but does not feel that would be acceptable as the
stoop would again pull away from the main structure over time and settling. He indicated
he would like to increase the size of the porch and build a roof over it, which was create the
need for the variance. He reviewed with the Board all surrounding property owner's
setbacks and explained that his house was placed on this lot in 1978 and was not required
to meet setbacks. He submitted additional pictures to the Board showing the closeness of
other homes in the neighborhood and that some were actually on City property. He also
stated the purpose of the roof over the porch would be for safety as in case of a fire, his
daughter would have a roof to climb out on and would in general, approve the overall
appearance of his home. The Board held discussion regarding the options Mr. Rice would
have in constructing a porch of the same size. There were no communications from the
floor. Motion by Jacobson, second by Bohling to deny the variance application submitted
by Phillip B. and Melissa G. Rice, 1060 State Street, Blair, for a 15' variance to the front
yard setback to replace existing floating slab porch and steps with a new porch and steps
on Lot 7, Block 3, Second Addition, Blair, Nebraska, Washington County. Members voting
Aye: Cook, Jacobson, Sims, Bohling and Faneole. All members present voting Aye.
Chairman Cook declared the motion carried.
The Board held a discussion regarding possible meeting dates. It was determined
by general consensus of the Board that the current meeting date was acceptable to
everyone.
There were no communications from the floor.
Motion by Bohling, seconded by O'Hanlon to adjourn the meeting at 1:15 P.M. All
members present voting Aye, Chairman Cook declared the meeting adjourned.
Brenda Taylor,
Administrative Assistant