PROCEEDINGS – VILLAGE OF MEAD BOARD OF ADJUSTMENT REGULAR MEETING

May 9, 2023

A Meeting of the Board of Adjustment of the Village of Mead, NE was held May 9, 2023 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, Jason Lee, Daniel Simon and Richard Wielage. Absent was Levi Durnal.  Also present were Clerk June Moline and Utilities/Maintenance Superintendent Shannon Luetkenhaus.  Guests were Jason Jorgensen, Jennifer Peters and Andy Jackson.

Chairman Thorson called the meeting to order at 6:10 p.m.

The posting of the Open Meetings Law was noted.

Motion by Simon, second by Thorson, to adopt the agenda.  Vote: Thorson-yes, Wielage-yes, Felty-yes, Lee-yes, Simon-yes; motion carried 5-0.

Motion by Felty, second by Thorson, to enter a public hearing at 6:10 p.m.  Vote: Wielage-yes, Felty-yes, Lee-yes, Simon-yes, Thorson-yes; motion carried 5-0.

PUBLIC HEARING:

Thorson called the hearing to order at 6:10 p.m.  Answering roll call were Chairman William Thorson; Trustees Jason Felty, Jason Lee, Daniel Simon and Richard Wielage.

Motion by Lee, second by Wielage, to adopt the agenda.  Vote:  Felty-yes, Lee-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 follow:

A petition for a variance and/or interpretation to the zoning regulations as applied to property described as E ½ S 4’ Lot 13 E ½ Lots 15, 17, 19 and 21, Block 32, Original Town Mead, Mead, Saunders County, Nebraska, also known as 421 S. Cedar Street, Mead, Nebraska. The petition from Greg and Laura Clark is seeking to erect a single-family dwelling on the property. Erection of the dwelling will not meet the minimum lot size and front yard and rear yard setbacks.

Thorson called for public input.

Motion by Lee, second by Simon, to adjourn to regular session at 6:13 p.m. Vote: Lee-yes, Simon-yes, Thorson-yes, Wielage-yes, Felty-yes; motion carried 5-0.

Following discussion, Lee introduced and motioned to adopt Resolution 23-05, Variance to amend Zoning Ordinance Article 3 Districts, 11-307, District (R-2) Multiple Family Residential District D.1. Minimum lot size shall be eight thousand (8,000) square feet with a minimum width of sixty (60’) feet for single family dwellings, amend to six-thousand six-hundred (6,600) square feet; Two family and multiple family dwelling shall have a minimum width of seventy (70’) feet; D.2.a. Front yard depth; not less than twenty-five (25’) feet. All property pins are required to be located, amend to nineteen and eight-tenths (19.8’) feet; and D.2.c. Rear yard depth; not less than thirty-five (35’) feet; amend to nineteen and eight-tenths (19.8’) feet. Simon seconded the motion. Vote: Simon-yes, Thorson-yes, Wielage-yes, Felty-yes, Lee-yes; motion carried 5-0.

RESOLUTION 23-05

            WHEREAS, The Village of Mead authorizes the variance application from Greg and Laura Clark of the following described real estate to wit:

as E ½ S 4’ Lot 13 E ½ Lots 15, 17, 19, and 21, Block 32, Original Town Mead, Mead, Saunders County, Nebraska, also known as 421 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 place a modular home on the property which will be a distance less than the required lot size and therefore will not meet the required setbacks and front yard and back yard setbacks.

WHEREAS, Variance amends Zoning Ordinance Article 3 Districts, 11-307, District (R-2) Multiple Family Residential District D.1.Minimum lot size shall be eight thousand (8,000) square feet with a minimum width of sixty (60’) feet for single family dwellings, amend to six-thousand six-hundred (6,600) square feet; Two family and multiple family dwelling shall have a minimum width of seventy (70’) feet; D.2.a. Front yard depth; not less than twenty-five (25’) feet.  All property pins are required to be located, amend to nineteen and eight-tenths (19.8’) feet; and D.2.c. Rear yard depth; not less than thirty-five (35’) feet; amend to nineteen and eight-tenths (19.8’) feet.

Motion by Lee, second by Simon, to adjourn at 6:15 p.m.  Vote:  Felty-yes, Lee-yes, Simon-yes, Thorson-yes, Wielage-yes; motion carried 5-0.

William Thorson, Chairman

June Moline, Clerk