PROCEEDINGS – VILLAGE OF MEAD BOARD OF ADJUSTMENT
August 13, 2019
A Meeting of the Board of Adjustment of the Village of Mead, NE was held March 13, 2018 at the Village Office. Chairman Pro-tempore Rod Wimer called the meeting to order at 6:51 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 Trustees Jason Felty, William Thorson, Richard Wielage, and Rodney Wimer and Planning Commission Chairman Ricky Miller. Also present were Clerk June Moline and Utilities/Maintenance Superintendent Nick Raver. Guests were Patty Knott, Greg Lavigne, Josh Girmus, Jody Weible, and Jason Schutes.
The posting of the Open Meetings Law was noted.
Motion by Thorson, second by Wielage, to adopt the agenda. Vote: Felty-yes, Miller-yes, Thorson-yes, Wielage-yes, Wimer-yes; motion carried 5-0.
Motion by Thorson, second by Wielage, to enter a public hearing at 6:51 p.m. Vote: Miller-yes, Thorson-yes, Wielage-yes, Wimer-yes, Felty-yes; motion carried 5-0.
Wimer stated the purpose of the hearing was to review a request from Jason Schutes to construct a six-foot privacy fence on property described as Lots 1 and 2, Block 8, Anderson and Carlson’s Subdivision, Mead, also known as 603 S. Cedar Street in the Single-family Residential District. The property sits on a corner lot at the site. The petition seeks a variance of 11-306, Single-family Residential, 11-406, Corner Lots and 11-410 Fences, that the fence be less than twenty-five feet for the front yard depth and a solid six-foot fence.
Following discussion, Wimer called for public input.
Motion by Felty, second by Wielage, to reconvene to general session at 7:05 p.m. Vote: Felty-yes, Miller-yes, Thorson-yes, Wielage-yes, Wimer-yes; motion carried 5-0.
Felty introduced and motioned to adopt Resolution 19-12, Variance of Lots 1 and 2, Block 8, Anderson and Carlson’s Subdivision, Mead, Saunders County, Nebraska, also known as 603 S. Cedar Street to Jason Schutes and Shannon Hoover to place a six-foot privacy fence. The motion was seconded by Thorson. The fence cannot be located any further to the east as indicated on the Building Permit. Vote: Wielage-yes, Wimer-yes, Felty-yes, Miller-yes, Thorson-yes; motion carried 5-0.
WHEREAS, The Village of Mead authorizes the variance request from Jason Schutes of the following described real estate to wit:
Lots 1 and 2, Block 8, Anderson and Carlson’s Subdivision, Mead, Saunders County, Nebraska; also known as 603 S. Cedar Street, 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 six (6’) solid fence which will be a distance less than twenty-five (25’) feet in front-yard depth and would therefore be in-line with the front of the house.
WHEREAS, Variance amends Zoning Ordinance Article 3 Districts, 11-306, District (R-1) Single-Family Residential District D.2.a. “Front yard depth; not less than twenty-five (25’) feet. All property pins are required to be located”.; and Article 4 Additional Regulations, District 11-406 Corner Lots, “Clear Vision Triangle: “Nothing above eighteen (18”) inches or lower than eight (8’) feet shall be located, erected or maintained in the area within a triangle formed by the intersection of the lot lines of a corner lot adjacent to a street or alley back a distance of twenty-five (25’) feet from such intersection”; and District 11-410 Fences, “In the SR, R-1, R-2, and MH residential districts, a solid fence may be erected to a height of no more than six (6’) feet above the ground between two (2) lots EXCEPT (i) such six (6’) feet height shall only be allowed between said two (2) lots from the rear property line forward to a point parallel to the edge of a house nearest the street, but in any event, no closer to the street than the front yard setback requirement of the respective district; (ii.) that part of the fence between the front setback line and the front lot line shall not exceed three and one half (3 ½’) feet and shall not be of solid construction”.
WHEREAS, the variance allows for the construction of a six (6’) foot fence be of solid material permitted to be nearer the front yard minimum setback requirement of twenty-five (25’) feet of the front yard allowed in District (R-1) Single-Family Residential District and construction of the fence be permitted within the allowed clear vision triangle.
Motion by Felty, second by Wielage, to adjourn at 7:06 p.m. Vote: Wimer-yes, Felty-yes, Guyle-yes, Miller-yes, Wielage-yes; motion carried 5—0.
Rod Wimer, Chairman Pro-tempore
June Moline, Clerk