PROCEEDINGS – VILLAGE OF MEAD BOARD OF ADJUSTMENT
January 12, 2016
A Regular Meeting of the Board of Adjustment of the Village of Mead, NE was held June 12, 2016 at the Village Office. Chairman Havelka called the meeting to order at 6:02 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 all members of the Board of Adjustment. All proceedings were held while the convened meeting was open to the public. Present were Chairman Shawn Havelka; Board Members Richard Wielage and Rodney Wimer and Alternate Gary Guyle. Absent were PJ Nicola and Jody Weible. Also present were Clerk June Moline, Utility/Maintenance Superintendent Nick Raver and Police Chief Jerry Carlson. Guests present were Lee and Bobbie Feldhaus, Rick Miller, Melissa Konecky and Julie Ogden.
Chairman Havelka called the meeting to order.
The posting of the Open Meetings Law was noted.
Motion by Wimer, second by Wielage to adopt the agenda. Vote: Guyle-yes, Havelka-yes, Nicola-absent, Weible-absent, Wielage-yes, Wimer-yes; motion carried 4-0.
Motion by Wielage, second by Wimer to adjourn to a Public Hearing at 6:03 p.m. Vote: Havelka-yes, Nicola-absent, Weible-absent, Wielage-yes, Wimer-yes, Guyle-yes; motion carried 4-0.
Havelka reported the purpose of the hearing was to address a request from Lee and Bobbie Feldhaus appealing the decision of the Planning Commission to not allow replacement of trailers at C & L Villa. The Planning Commission states that the trailers would not meet setbacks for the front and rear yards and that a park area is also required within the trailer park that is zoned MH – Mobile Home Park District.
Bobbie Feldhaus indicated that the reason for larger trailers is the sizes of the current trailers are no longer available. They have searched for three years to no avail. A plan was submitted to replace the current trailers with larger trailers in Lot’s 2, 4, 7, 9, 19 and 20 and remove the trailer from Lot 8 where they will erect a 20” x 64” storage unit for separate units for storage for trailers without current storage units on their lot. They are hoping to provide a storage unit for each renter allowing them to place their equipment in, thereby making the property more appealing to the public. She also felt it is not feasible to replat the property as the utility lines would need to be redirected. She stated financially it is too expensive to construct a playground within the park area.
Following discussion with the board, the Feldhaus’s agreed to remove their personal storage sheds from Lot 12 to allow for a green space to meet the zoning guideline requiring a park area.
Motion by Wimer, second by Wielage to return to Regular Session at 6:25 p.m. Vote: Wielage-yes, Wimer-yes, Guyle-yes, Havelka-yes, Nicola-absent, Weible-absent; motion carried 4-0.
Wielage introduced and motioned to adopt Resolution 16-01, Variance to C & L Villa to permit larger trailers to replace current trailers as per the plan presented, remove the storage units on lot 12 to allow for a park area and remove trailer from lot 8 to erect a storage unit. Vote: Wielage-yes, Wimer-yes, Guyle-yes, Havelka-yes, Nicola-absent, Weible-absent; motion carried 4-0.
WHEREAS, The Village of Mead authorizes the variance request from Lee and Bobbie Feldhaus, owners of C & L Villa of the following described real estate to wit:
Lots 1-12, Block 6, Anderson and Carlson’s Addition to Mead, Mead, Saunders County, 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, Zoning Ordinance 11-308, District (MH), Mobile Home Park District requires: C.2. Area and Lot Requirements: Front: Fifteen (15’) feet and Rear: Ten (10’) feet, and D.4. Community Facilities: Not less than ten (10%) percent of the total park area shall be designated and used for park, playground and recreational purposes;
WHEREAS, the variance permits replacement of trailers within the park that will not meet Zoning Ordinance 11-308, District (MH), Mobile Home Park District, Section C.2. Area and lot requirements for the front and rear yards, and Section D.4. A green space will be provided within the trailer park but will not meet the 10% percent required.
Motion by Wimer, second by Wielage to adjourn at 6:30 p.m. Vote: Havelka-yes, Nicola-absent, Weible-absent, Wielage-yes, Wimer-yes, Guyle-yes; motion carried 4-0.
Shawn Havelka, Chairman
June Moline, Clerk