2006-11-16 MinutesPRI .1 -
Meeting of November 16, 2006
Chairman Doug Cook called the Blair Board of Adjustment to order at 12:13 p.m.
Members present were Doug Cook, Wyman Nelson, Jim Munson and Dick Wardell. Member
absent: Lee Suhr. Others present were City Administrator Storm and Assistant Administrator
Green. Board member Todd Stalnaker resigned due to his residency changing to Omaha, Nebraska.
Motion by Munson, second by Nelson to approve the minutes of the February 26, 2003
meeting as presented to members. All members present voted Aye. Chairman Cook declared the
motion carried.
City Administrator Storm reviewed the role of Board of Adjustment members in reference
to the state law requirements for the issuance of a variance. He noted that it is the responsibility of
the applicant to prove his hardship and no variance should 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.
Bob Johnson, RJ Development, 407 S. 16 Street, Blair, appeared before the Commission
regarding his request for a variance from the required off street parking requirements by 1)
allowing garages to be considered as part of the requirement for off street parking; and 2)
reducing the requirement for two (2) parking spaces per apartment on Lots 1 -6, 11 & 12 and E
48.7' of Lot 10 in Block 76, Washington County, Blair, Nebraska. Mr. Johnson stated he
purchase the abandoned Central School in 1989 and renovated the facility into 34 one, two and
three bedroom apartments. He did not purchase the Vo -Ag Building which abutted the Central
School property in 1989 as the school maintained ownership for use by the school. Since that
time, he has purchased that property and would now like to convert that building into four three
bedroom apartments. The building is currently being used for storage and a parking garage for
(6) tenants. Due to losing this space for garage parking, he would like to construct thirteen
garages along the west edge (17 Street) of the current apartment parking lot. Mr. Johnson stated
that earlier this year he had applied for a building permit with the City for construction of these
garages and was informed that as required by the current zoning ordinance, he would have to
meet the off street parking requirement of (2) parking spaces per unit. When he constructed the
facility in 1996, the code only required 1 %2 spaces per unit. Therefore, he can not currently meet
the required off street parking. Also the code does not allow for garages to be counted as off
street parking space. Many of the apartment residents park on the street in front of the
apartments along 16 Street. He is unable to develop any off street parking spaces along 16 or
South Street due to the historical designation given to the facility at the time of construction. Mr.
Johnson presented a survey he had conducted for a period of two weeks on the number of cars
that were utilizing the rear parking lot on a daily basis. For that time frame, an average of 16 -18
vehicles utilized the lot. Mr. Johnson then referred to the Blighted and Substandard
Determination Study and Redevelopment Plan prepared by Hanna:Keelan for the City of Blair.
The Central School apartment property is considered part of the blighted and substandard area
and he noted the plan specifically stated that without some type of public assistance and
coordination of effort, a difficult challenge would be rendered for future private projects to be
successful ventures. Numerous problems or obstacles exist for comprehensive redevelopment
efforts by the private sector in the project area; problems that only public assistance programs can
help remedy. The study also noted that the redevelopment area contains a fair amount of
functionally obsolete structures. He further noted the plan stated incentives for improvements to
building are imperative to assist property owners to rehabilitate buildings and attract additional
businesses to the area. Based on this report, Mr. Johnson noted that private landowners have to
look to the city for assistance revitalizing the blighted and substandard areas. Mr. Johnson
stressed he had no argument with what the city is doing to require new developers to enforce the
off street parking requirements but for him in trying to develop the highest and best use of this
property, the minimum off street parking requirements are not feasible. City Administrator
Storm again reviewed the scope of the Board of Adjustment based on State Statute. Assistant
Administrator Green stated that any changes to the property would eliminate the grandfather
rights that currently exist on the property. Green stated that due to the fact the current parking lot
is not striped, it was unclear to staff exactly how many current parking stalls Mr. Johnson had
available. Staff required Mr. Johnson provide them with a parking plan and in review of that
plan, staff determined there was not sufficient off street parking for the complex. The complex
not only includes 34 apartments but an assembly hall "Central Court", a preschool and four
offices. There is also a church, funeral home and County Courthouse that all share the same on
street parking. All of these uses have different off street parking requirements. The code would
require sixty -eight spaces just for the residential use. The zoning was changed several years ago
as the average family now has 2 or more vehicles. Board members questioned other options that
might be available to Mr. Johnson. Assistant Administrator Green stated again that Mr. Johnson
is only required to meet current off street parking regulations should he alter the facility in any
way to lose the grandfather rights that exist. There were no comments from the floor or in
writing. Motion by Nelson, second by Munson to deny the variance application submitted by RJ
Development, 407 S. 16` Street, Blair, for a variance from the required off street parking
requirements by 1) allowing garages to be considered as part of the requirement for off street
parking; and 2) reducing the requirement for two (2) parking spaces per apartment on Lots 1 -6,
11 & 12 and E 48.7' of Lot 10 in Block 76, Washington County, Blair, Nebraska based on the
following: 1) the request is not within the power of the Board of Adjustment to override
requirements the City Council has enacted by city ordinance; 2) the application of this zoning
regulation does not produce an undue hardship that is not shared generally by other properties in
the same zoning district and the same vicinity; and 3) adequate parking for the Vo -Ag building
could be met if either the number of apartments to be constructed were reduced or the historical
designation not be obtained. Members present voting Aye: Nelson, Cook and Munson.
Members present voting Nay: Wardell. Chairman Cook declared the motion carried.
There were no communications from the floor.
Motion by Munson, second by Nelson to adjourn the meeting at 1:39 P.M. All members
present voted Aye. Chairman Cook declared the meeting adjourned.
Brenda Wheeler, Secretary