October 20, 2009
Chairperson Lassley read the statement regarding the Open Meetings Act.
1. Chairperson Lassley called the hearing to order at 5:30 p.m. Other members present were: Boerner, and Steele.
2. Next, was the approval of the minutes from the August 19, 2009 meeting.
The board did not receive the minutes in their packets and therefore had nothing to approve. Member Boerner made the motion to table this item until the next meeting and member Steele seconded the motion. By roll call, the vote was: 3 - "yes" (Boerner, Lassley and Steele) / 0 - "no". The motion passed.
3. Next, was the public hearing on the variance request ( VAI-2009-03 ) from Joel Austin in regards to the Maximum height requirement (15’) for an accessory building located in the TA – Transitional Agricultural zoning district as stated in Article 5, Section 5.05.5 of the Zoning Ordinance of the City of Fairbury, Nebraska - 2005 Edition.
The request is to allow for the placement of an accessory building exceeding 15’ in height. The legal description of the property is described as: W ½ SW ¼ W of RR Ex. Fr. (29 A) TL 30 S ½ SW ¼ (2.11 A) Sec 10-2-2, City of Fairbury, Jefferson County, Nebraska.
Chairperson Lassley opened the hearing.
Mr. Austin was present and addressed the Board in regards to his request for variance. He stated that he is planning on using the building to store farm machinery and the 15’ height restriction will not allow enough clearance for his equipment. Member Lassley noted that Austin’s tractors barely make clearance on the existing building. Member Lassley questioned the floodplain information included in the packets. Bedlan stated that Austin’s property is located in the floodplain and therefore need a floodplain permit and survey which he has gotten and that it was included in the packets only for informational reasons. Member Boerner made the motion that the Board approve the variance application request ( VAI-2009-03 ) from Joel Austin to allow for a variance from the maximum height requirement (15’) for an accessory building located in the TA – Transitional Agricultural zoning district. Member Steele seconded the motion. By roll call, the vote was: 3 – “yes” (Lassley, Boerner and Steele) / 0 “no”. The motion passed.
Chairperson Lassley closed the hearing.
4. Next, was the item of comments for non-agenda items from the public. There were no public comments
on non-agenda item.
6. With no other business on the agenda, Member Boerner made the motion to adjourn. Member Steele seconded the motion. By roll call, the vote was: 3 - "yes" (Steele, Boerner and Lassley) / 0 - "no". The motion passed. Chairperson Lassley declared the meeting adjourned.
Laura K. Bedlan
Board of Adjustment Secretary