PROCEEDINGS – VILLAGE OF MEAD BOARD OF ADJUSTMENT REGULAR MEETING
April 9, 2024
A Meeting of the Board of Adjustment of the Village of Mead, NE was held April 9, 2024 at the Community Building. Chairman Thorson called the meeting to order at 6:10 p.m. Notice of the meeting was provided in advance thereof by posting notice at the Bank of Mead, U.S. Post Office and the Village Office as shown by the certificate of posting notice attached to these minutes. Advance notice was also provided in the Wahoo Newspaper and to the Chairman and all members of the Board of Adjustment. All proceedings were held while the convened meeting was open to the public. Answering roll call were Chairman William Thorson; Trustees Jason Felty, Richard Wielage, Alternate Daniel Simon, and Planning Commission Chairman Levi Durnal. Absent was Jason Lee. Also present was Clerk June Moline. Guests were Keith Marvin, Mason Herrman, Andy Jackson, Josh Girmus, Kylee Hickman, Kathy Robertson, Jay Spearman, and Patty Thorson.
Chairman Thorson called the meeting to order at 6:10 p.m.
The posting of the Open Meetings Law was noted.
Motion by Felty, second by Durnal, to adopt the agenda. Vote: Wielage-yes, Durnal-yes, Felty-yes, Simon-yes, Thorson-yes; motion carried 5-0.
Motion by Simon, second by Thorson, to enter a public hearing at 6:11 p.m. Vote: Durnal-yes, Felty-yes, Simon-yes, Thorson-yes, Wielage-yes; motion carried 5-0.
PUBLIC HEARING:
Thorson called the hearing to order at 6:11 p.m. Answering roll call were Chairman William Thorson; Trustees Jason Felty, Daniel Simon and Richard Wielage and Planning Commission Chairman Levi Durnal.
Motion by Simon, second by Wielage, to adopt the agenda. Vote: Durnal-yes, Felty-yes, Simon-yes, Thorson-yes, Wielage-yes; motion carried 5-0.
Thorson stated the purpose of the hearing was to hear testimony of support, opposition, criticism, suggestions, or observations with regard to the following:
A petition for a variance and/or interpretation to the zoning regulations as applied to property described as Lots 10 & ½ of Lot 11, Block 16, Anderson & Carlson Subdivision Mead, Mead, Saunders County, Nebraska, also known as 710 S. Cedar Street, Mead, Nebraska. The petition from Colby Properties LLC is seeking a variance of Section 11-307 that will not meet the minimum front yard depth of 25’. The petition is seeking a 15’ front yard depth.
Chairman Thorson stated the variance is due to the size of the lots originally set by the village and the regulations have since been amended and the old lot sizes are not capable of meeting the current regulations.
Thorson called for public input.
Motion by Durnal, second by Simon, to adjourn at 6:13 pm. Vote: Simon-yes, Thorson-yes, Wielage-yes, Durnal-yes, Felty-yes; motion carried 5-0.
Following discussion, Resolution 24-05 was introduced by Durnal.
Motion by Simon, second by Wielage, to adopt Resolution 24-05, Variance amending Zoning Ordinance Article 3 Districts; 11-307 District (R-2) Multiple Family Residential District; D.2.a. Front yard depth; not less than twenty-five (25’) feet to fifteen (15’) feet. Vote: Thorson-yes, Wielage-yes, Durnal-yes, Felty-yes, Simon-yes; motion carried 5-0.
RESOLUTION 24-05
WHEREAS, The Village of Mead authorizes the variance application from Colby Properties LLC of the following described real estate to wit:
as Lot 10 & ½ of Lot 11 Block 16 Anderson & Carlson Subdivision Mead, Mead, Saunders County, Nebraska, also known as 710 S. Cedar St., Mead, Nebraska
Resolution sets out findings of fact based on evidence and testimony that the following conditions exist or would result in: 1) the strict application of the zoning regulation would produce undue hardship; 2) such hardship is not shared generally by other properties in the same zoning district and the same vicinity; 3) 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 granting of the variance; and 4) the granting of such variance is based upon reason of demonstratable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice.
WHEREAS, the applicant has requested a variance to construct a house and garage on the property which will be a distance less than the required front yard depth setback.
WHEREAS, Variance amends Zoning Ordinance Article 3 Districts; 11-307, District (R-2) Multiple Family Residential District; D.2.a. Front yard depth; not less than twenty-five (25’) feet. All property pins are required to be located.
WHEREAS, the variance allows for the front yard depth to construct a house and garage at fifteen (15’) feet in the District (R-2) Multiple Family Residential District.
Motion by Felty, second by Wielage, to adjourn at 6:15 p.m. Vote: Wielage-yes, Durnal-yes, Felty-yes, Simon-yes, Thorson-yes; motion carried 5-0.
William Thorson, Chairman
June Moline, Clerk