PROCEEDINGS – VILLAGE OF MEAD BOARD OF ADJUSTMENT
March 13, 2018
A Special Meeting of the Board of Adjustment of the Village of Mead, NE was held March 13, 2018 at the Village Office. Chairman Havelka called the meeting to order at 6:06 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 Shawn Havelka; Trustees Jason Felty, Richard Wielage, and Rodney Wimer and Planning Commission Chair Jody Weible. Also present were Trustee Gary Guyle and Clerk June Moline. Guests were Tyler Bukaske, Terral Brabec and Josh Girmus.
The posting of the Open Meetings Law was noted.
Motion by Wielage, second by Wimer, to adopt the agenda. Vote: Wimer-yes, Felty-yes, Havelka-yes, Weible-yes, Wielage-yes; motion carried 5-0.
Motion by Wielage, second by Wimer, to enter a public hearing at 6:07 p.m. Vote: Wimer-yes, Felty-yes, Havelka-yes, Weible-yes, Wielage-yes; motion carried 5-0.
Havelka stated the purpose of the hearing was to review a request from Tyler Bukaske to construct a duplex on property at 420 S. Cedar Street located in the Multiple Family District. Due to the lot configuration and size, construction of the duplex would not meet the following requirements: front yard setback of 25’. backyard setback of 35’, and the attached dwelling or multiple family of a minimum lot area of 4,000 square feet per dwelling unit and not less than 8,000 square feet minimum lot area.
Havelka called for public input.
Motion by Havelka, second by Wimer, to reconvene to regular session at 6:16 p.m. Vote: Felty-yes, Havelka-yes, Weible-yes, Wielage-yes, Wimer-yes; motion carried 5-0.
Discussion was held.
Felty introduced and motioned to adopt Resolution 18-03, Variance to Tyler Bukaske for property described as 420 S. Cedar Street due to the hardship of the configuration and size of the lot. The motion was seconded by Havelka. Vote: Havelka-yes, Weible-yes, Wielage-yes, Wimer-yes, Felty-yes; motion carried 5-0.
WHEREAS, The Village of Mead authorizes the variance request from Tyler Bukaske of the following described real estate to wit:
Lot 20 and 22, Block 31, Original Town of Mead, Mead, Saunders County, Nebraska; also known as 420 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, Variance amends Zoning Ordinance 11-307, District (R-2) Multiple Family District D. 2. Attached dwelling or multiple family: There shall be a minimum lot area of four-thousand (4,000) square feet per dwelling unit and not less than eight- thousand (8,000) square feet minimum lot area. The lot area in question is six-thousand three-hundred thirty-six (6,336) square feet, and D.2.1. Minimum yard requirements: a. Front yard depth; not less than twenty five (25’) feet, and c. Rear yard depth; not less than thirty five (35’) feet. The construction of the duplex will call for less lot area than the regulations require, and less than the front yard depth of not less than twenty-five (25’) feet and less than the rear yard depth of not less than thirty-five (35’) feet.
WHEREAS, the variance allows for the construction of a duplex that will not meet the lot area requirement and front yard and rear yard setbacks in District (R-2) Multiple Family District.
Motion by Havelka, second by Wimer, to adjourn the meeting at 6:18 p.m. Vote: Havelka-yes, Weible-yes, Wielage-yes, Wimer-yes, Guyle-yes; motion carried 5-0.
Shawn Havelka, Chairman
June Moline, Clerk