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MINUTES

BOARD OF ADJUSTMENT

SEPTEMBER 16, 2008 - 5:30 P.M.

CITY COUNCIL CHAMBERS

 

 

PRESENT:      Chairman Bang, Members Hoshor, Nathan, Reynolds, Chief Building Inspector Marv Hansen and Secretary Deb Pruss

 

ABSENT:         Member Casey

 

Chairman Bang read a statement that a copy of the Open Meeting Law is posted continually for public inspection near the agendas and a Public Notice of this meeting was given in advance by publicized notice in the Fremont Tribune, a copy of which is attached to these minutes and made a part thereto, and on radio KHUB; and the agenda displayed in the lobby of the Municipal Building, Police Station, and the Dodge County Courthouse on September 10, 2008 and is open to the public.  Moved by Hoshor, seconded by Nathan to approve the statement that this meeting is now determined to be a legal meeting.  Roll Call Vote showed all members present voting aye – 4 ayes.  Motion Carried.

 

It was moved by Hoshor, seconded by Reynolds to dispense with the reading of the Minutes of the August 19, 2008 Regular Meeting and approve as mailed.  Roll Call Vote showed all members present voting aye – 4 ayes.  Motion Carried.

 

·         Consider request of International Spices, LTD to have variance to paved drive and parking requirements at 1040 South Lucius Street.  Article 906 b.  GI – General Industrial District.

 

Member Reynolds stated the Planning Commission recommended denial of this request due to lack of a hardship.  The vote was a split vote with 4 ayes, 4 nays.

 

Tony Kubin, Eric Hochstein and Reynold Hochstein were present representing International Spices.  As well, Allan Doll, Dodge County Highway Superintendent was present.  Mr. Doll stated he looked at the site today regarding the road and ditch work.  He stated he spoke with the applicant this morning regarding paving out to the roadway.  He stated it was his feeling the parking area needs to be paved but not at this time.  Mr. Doll stated there were drainage issues to the south that need to be resolved first.  He stated he didn’t feel the paving should be done until improvements to the ditch have been made.

 

Chairman Bang questioned once the variance was granted if the Board would have control over the paving being completed.  Member Hoshor suggested possibly tabling the item until the drainage issue could be resolved.  Chief Building Inspector Hansen asked Mr. Doll what the timeframe of the road and drainage improvements was.  Mr. Doll stated he was not completely sure but it was slated for the next construction season.  However, he stated it may be possible to do something before winter sets in.  Mr. Hochstein stated they would absolutely put the paving in once the improvements are made but feels it would be a waste of money at this time.  Mr. Doll stated there is water currently sitting in the ditch.  Mr. Doll stated this is a township road so they would need a survey, take the driveway culverts out, drain and re-establish the culverts before the applicant could establish their concrete pad.  He stated he felt the concrete was a good thing because of the truck traffic but just not at this time.  Mr. Hochstein again reiterated that he would have no problem putting in the concrete after the water situation gets straightened out and in the meantime there would be gravel.

 

Moved by Nathan, seconded by Reynolds to approve the variance for paving until the drainage issue is resolved on Dunbar Road.  Roll Call Vote showed all members present voting aye – 4 ayes.  Motion Carried.

 

·         Consider request of Michael C. and Jane L. Rasmussen to have variance to allow off-street parking of personal vehicles within required front yard setback at 1109 North “I” Street.  Article 909.  R2 – Moderate Density Residential District.

 

Member Reynolds stated the Planning Commission was recommending approval of this request with 7 ayes – 1 nay.  The variance to allow parking in the required front yard setback was recommended for approval due to the narrow (31’) street width.

 

Applicant Mike Rasmussen was present.  Mr. Rasmussen stated the street is narrow and he has three cars that he is trying to get off the street.  He stated widening the approach would make it easier to get in and out as they are now driving across the corner.  Member Hoshor stated the Board has in the past approved such requests because of the narrowness of the street.

 

Mary Marsh, 1929 North “I” Street, Council Member of Ward 2 was present.  Mrs. Marsh stated she took several other Council Members along with the City Administrator past the house to view the situation.  She stated the ability to get the cars off “I” Street is very important.  She stated parking is difficult in the older parts of town and getting the cars off the street would also help the City Street Department as well.

 

Moved by Hoshor, seconded by Nathan to accept the Planning Commission’s recommendation and approve the request.  Roll Call Vote showed all members present voting aye – 4 ayes.  Motion Carried.

 

·         Consider request of Beverly A. Matkins to erect 6 foot high solid wood fence in street side yard setback at 2149 North Park Avenue.  Article 707 c and i 1.  R1 – Single Family Residential District.

 

Member Reynolds stated the Planning Commission was unanimously recommending approval of this request as the fence would provide privacy from commercial use across the street to the north and the wide street right-of-way and deep fence setback from the street curb.

 

Chairman Bang stated the fence would be lining up with the house and actually lines up with the garage and the house to the west as well.

 

Moved by Nathan, seconded by Hoshor to accept the Planning Commission’s recommendation and approve the request.  Roll Call Vote showed all members present voting aye – 4 ayes.  Motion Carried.

 

·         Consider request of Calvary Cemetery to erect fence over 42” high in required front yard setback at 2401 West 16th Street.  Article 707, i 1.  RR – Rural Residential District.

 

Member Reynolds stated the Planning Commission unanimously voted to recommend approval of this request as the fence is 50% open.  The applicant will remove and replace the existing brick fence end sections near the driveways and maintain the 15’ vision clear area from the edge of the existing driveway approaches to 16th Street.

 

Chief Building Inspector Hansen stated this was similar to what the City did for their fence for the other cemetery next to this to the east.

 

Keith Rump of Nickerson, representing Calvary Cemetery was present.  Mr. Rump stated that he was on the Cemetery Board and would be erecting the fence.  He stated they want an exact duplicate of the existing City fence and would be extending the current fence 500 feet.  Chairman Bang asked if they would be maintaining the vision clear zone.  Chief Building Inspector Hansen stated it actually would be improved.

 

Moved by Hoshor, seconded by Nathan to accept the Planning Commission’s recommendation and approve the request.  Roll Call Vote showed all members present voting aye – 4 ayes.  Motion Carried.

 

Meeting adjourned at 5:47 p.m.