board of adjustment mtg - 8/22/2016 - 5pm

Agenda Packet
BOARD OF ADJUSTMENT
Monday, August 22, 2016
5:00 p.m.
Created 8/18/2016 5:36 PM
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309 N 5th St
Norfolk, NE 68701
P402-844-2280 F402-844-2028
www.ci.norfolk.ne.us
progress. right at home.
NOTICE OF MEETING
CITY OF NORFOLK, NEBRASKA
NOTICE IS HEREBY GIVEN that a meeting of the Board of Adjustment of the City of
Norfolk, Nebraska, will be held at 5:00 p.m. on Monday, August 22, 2016, in the Council
Chambers, 309 N. 5th Street, which meeting will be open to the public.
An agenda for such meeting, kept continually current, is available at the City of
Norfolk Administration Building, located at 309 N 5th Street, Norfolk, Nebraska during normal
business hours.
Publish (August 19, 2016)
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309 N 5th St
Norfolk, NE 68701
P402-844-2280 F402-844-2028
www.ci.norfolk.ne.us
progress. right at home.
AGENDA
BOARD OF ADJUSTMENT
August 22, 2016
CALL TO ORDER
1. 5:00 p.m. Call meeting to order.
2. Inform the public about the location of the Open Meetings Act posted in the
Council Chambers and accessible to members of the public
3. Roll call.
CURRENT BUSINESS
4. Election of Chairperson, Vice-Chairperson, and appointment of the
Executive Secretary.
5. Approval of full agenda.
Motion
6. Consideration of approval of the minutes of the March 15, 2016 Board of
Adjustment meeting.
Motion
PUBLIC HEARINGS
7. Public hearing, at the request of Perkowitz & Ruth Architects, on behalf of
Casey’s General Stores, Inc., to consider a setback variance from the
requirements in Section 27-154 at the property addressed as 2640 W Norfolk
Avenue.
8. Consideration of approval of the variance requesting a modification to the
required twenty-five (25) foot setback of buildings on corner lots in District
C-1, as stated in Norfolk City Code Section 27-154.
Motion
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P402-844-2280 F402-844-2028
progress, right at home.
www.ci.norfolk.ne.us
MINUTES OF NORFOLK BOARD OF ADJUSTMENT MEETING
March 15,2016
The Norfolk Board of Adjustment of the City of Norfolk conducted a public meeting in the City Council
Chambers, 309 N. 5th Street, on the 15th day of March, 2016, beginning at 5:00 p.m.
Chairman, Jason Lammli, called the meeting to order and informed the public about the location of the
current copy of the Open Meetings Act posted in the meeting room and accessible to members of the
public.
Roll call found the following Board Members present: Jason Lammli, Sue Haase, Randy Wilcox
(alternate), Brad Love, and Brian Lundy. Absent: Mike Miller.
Staff members present were: City Planner Valerie Grimes, City Attorney Clint Schukei, Building
Official Steve Nordhues, and Bethene Hoff.
Chairman Lammli presided; Board of Adjustment Secretary Stacey Hansen recorded the proceedings.
The meeting was also recorded on video by Bethene Hoff, City Staff, Norfolk, Nebraska.
CURRENT BUSINESS
Brad Love moved, seconded by Sue Haase to approve the full agenda as printed.
Roll Call: Members: Ayes: Lammli, Haase, Wilcox, Love and Lundy. Nays: None. Absent: Miller.
Motion carried (5-0).
Brian Lundy moved, seconded by Randy Wilcox to approve the amended minutes from the January 25,
2016 meeting.
Roll Call: Members: Ayes: Lammli, Haase, Wilcox, Love and Lundy. Nays: None. Absent: Miller.
Motion carried (5-0).
PUBLIC HEARING
(Love's Travel Stops, Inc.)
(Variance request from signheight and sign arearequirements set out in City Code Section 27-331.)
Chair Lammli opened the public hearing at the request of Love's Travel Stops, Inc.
The Chair reviewed the hearing procedures with the Board.
It was noted for the record that there is no relationship between Board Member Brad Love and the
applicant.
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309 N 5th St
Norfolk, NE 68701
P402-844-2280 F402-844-2028
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www.ci.norfolk.ne.us
Valerie Grimes, City Planner presented the request submitted by the Love's Travel Stops, Inc.
The request includes a variance for a high rise sign at the proposed location of the northwest comer of
the intersection of Highway 81 and Monroe Avenue.
The following list of Exhibits 1-13 were offered as part of the record and accepted by the Chair:
EXHIBITS:
DESCRIPTION:
1
City of Norfolk Code - Section 27: Zoning
2
Nebraska State Statute - Section 19-910: Board of adjustment; powers; jurisdiction on appeal;
variance; when permitted
3
Board of Adjustment - Application - Love's Travel Stops
4
Legal Description & 300 ft. Map - Approved by Engineering Division
5
Public Hearing Notice & Map - Mailed to Property Owner List 3/3/2016
6
Proof of Publication - Public Hearing Notice - 3/4/16
7
Public Meeting Notice & Proof of Publication - 3/11/16
8
Love's Travel Stops - Exterior Elevations Map
9
Love's Travel Stops - Site Plan
10
FAA - No Hazard Letter
11
Love's Travel Stops - Sign Package
12
USSC - United States Sign Council -Sign Legibility Rules of Thumb
13
Nebraska Title Company - Abstractor's Certificate & Listof Owners within 300 ft.
The City Planner reviewed what was allowed by City Code per Section 27-331, summarized the
proposed sign package, and went over the options the Board Members may take based on the criteria
required for a variance.
Steve Walters, Love's Travel Stops, Inc., addressed the four conditions required for the variance request.
No additional exhibits were offered as part of the record by the applicant.
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Ron Deets, Deets Homestore, neighbor to site of proposed sign presented questions about the height
variance request and placement of the high rise sign.
No one else appeared either in favor of or in opposition to the variance request.
Chair Lammli closed the public hearing at 6:13 p.m.
The Board discussed all four conditions applicable in granting a variance.
Relating to the height variance:
a) The strict application of the zoning regulation would produce undue hardship because:
"the location of the premises near the viaduct and the safety concerns with the nature of
the business in the trucking industry";
b) Such hardship is not shared generally by other properties in the same zoning district and
the same vicinity because: "of the nature of the business and the location of the premise";
c) 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 the granting of the
variance because: "it will not have a negative impact on area properties";
d) The granting of such variance is based upon reason of demonstrable and exceptional
hardship as distinguished from variations for purposes of convenience, profit or caprice
because: "of traffic safety".
The Board proposed the modification to the resolution allowing the variance from the maximum
sign height restriction as follows: allowing 75' Maximum height, so long as the bottom of the
lowest portion of sign should be 40' from grade to the bottom of the IHOP Express portion of the
sign.
Per Clint Schukei, City Attorney: A variance from the maximum sign height restriction allowing for a
75' maximum height, so long as a 40 foot minimum setback is maintained and the bottom of the lowest
portion of the high rise sign is at least 40' from grade to the bottom of the IHOP Express portion of the
sign.
Relating to the portion of the application for variance from the maximum sign area restriction of 300
square feet:
a) The strict application of the zoning regulation would produce undue hardship because:
"the location of the premises near the viaduct and the safety concerns with the nature of
the business in the trucking industry";
b) Such hardship is not shared generally by other properties in the same zoning district and
the same vicinity because: "of the nature of the business and the location of the premise";
c) 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 the granting of the
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Enclosure 6
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cityof Norfolk
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N0rfolk>NE
68701
P402-844-2280
F402-844-2O28
www.ci.norfolk.ne.us
variance because: "it will not have a negative impact on area properties";
d) The granting of such variance is based upon reason of demonstrable and exceptional
hardship as distinguished from variations for purposes of convenience, profit or caprice
because: "of traffic safety".
The Board proposed the following modification to the sign area variance request: allowing for a
maximum of 600 square foot area of the high rise sign with the width of any component not to
exceed 30 feet; inclusion of directional signs, which include the CAT sign, are not figured in the
600 square feet.
Randy Wilcox moved, seconded by Sue Haase to approve the amended resolution as the Board
addressed
had the conditions, modified the allowances and as recorded by the City Attorney, granting
had addressed
the applicant, Love's Travel Stops, Inc., a variance for sign height and maximum sign area.
Roll Call: Members: Ayes: Lammli, Haase, Wilcox, Love and Lundy. Nays: None. Absent: Miller.
Motion carried (5-0).
Clint Schukei, City Attorney, proposed to put together the modified resolution for all members of the
board to review before having the Chair sign the final draft.
Chair Lammli declared the meeting adjourned at 6:40 p.m.
Stacey Hansen
Board of Adjustment Executive Secretary
Jason Lammli
Board of Adjustment Chairman
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Enclosure 6
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Variance Case No.
Date Filed
BOARD OF ADJUSTMENT
APPLICATION
NAME OF APPLICANT- ^+^ Architects (Owner's Agent) for Casey's General Stores, Inc.
MAILING ADDRESS- ^203 Promenade Boulevard, Suite 8260, Rogers, AR 72758
E-MAIL ADDRESS- Jdamr°[email protected]
NAME OF AUTHORIZED AGENT
PHONE:
479-899-6922
James Damron
MAILING ADDRESS- 2203 Promenade Boulevard, Suite 8260, Rogers, AR 72758
E-MAIL ADDRESS- Jdamr°[email protected]
Relationship of applicant to property:
Owner
PHONE:
j JTenant
479-899-6922
. _|Lessee
Other Architect (Owner's Agent)
The Board of Adjustment operates in accordance with Statutes of the State of Nebraska 19-908 through 19-912.
The Board of Adjustment shall, subject to such conditions and safeguards as may be established by the
legislative body, have only the following powers:
1.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or
determination made by an administrative official or agency based on or made in the enforcement of any
zoning regulation or any regulation relating to the location or soundness of structures;
2.
To hear and decide, in accordance with the provisions of any zoning regulation, requests for
interpretation of any map, or for decisions upon other special questions upon which the board is
authorized by any such regulation to pass; and
3.
Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the
time of the enactment of the zoning regulations, or by reason of exceptional topographic conditions or
other extraordinary and exceptional situation or conditions of such piece of property, the strict
application of any enacted regulation under this act would result in peculiar and exceptional practical
difficulties to, or exceptional and undue hardships upon the owner of such property, to authorize, upon
an appeal relating to the property, a variance from such strict application so as to relieve such
difficulties of hardship, if such relief may be granted without substantial detriment to the public good
and without impairing the intent and purpose of any ordinance or resolution.
SECTION I.
Item 1 and 2 are appeals based on an alleged administrative or agency error, or interpretation of a map.
If your application involved either #1 or #2, check the number: | |l
j J2
Attach in written detail the exact problem as you see it. Please skip to SECTlf i^|Fs1grt£tura£f€
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SECTION II.
If you request authorization from the Board under #3, they can hear the matter if it falls under the outlined
criteria in #3 of the State Statutes. No such variance shall be authorized by the board unless it finds that:
a.
The strict application of the zoning regulation would produce undue hardship;
b. Such hardship is not shared generally by other properties in the same zoning district and the same
vicinity;
c.
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 the granting of the variance; and (d) the granting of such
variance is based upon reason of demonstrable and exceptional hardship as distinguished from
variations for purposes of convenience, profit or caprice. No variance shall be authorized unless the
board finds that the condition or situation of the property concerned or the intended use of the
property is not of so general or recurring a nature as to make reasonably practicable the formulation of
a general regulation to be adopted as an amendment to the zoning regulations.
The variance is requested from the requirements set out in Section 27-154
Norfolk City Code for property addressed as 2640 West Norfolk Avenue
of the Zoning Regulations of
and legally described as
See attached Legal Description.
and which is presently zoned as C-1 Local Business District
(Give metes and bounds description below or on attached sheet)
See Site Plan (AL-101)
Provide a brief statement explaining the variance request.
Casey's would like to expand the store building to the west extending past the 25' side yard setback.
OUTLINE HARDSHIP AS EXPLAINED ABOVE IN ANSWERING THE FOLLOWING QUESTIONS
A. Is the lot exceptionally narrow, shallow or shaped?
No
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B.
Does the property have exceptional topographic conditions or other extraordinary and exceptional
conditions wherein the strict application of the regulations would:
a.
Result in peculiar and exceptional practical difficulties:
b.
Result In exceptional and undue hardship:
Yes, the 25' side yard setback, prevents the expansion of the existing business.
C. Would the variance be a substantial detriment to the public good? No
D. Would the variance substantially impair the intent and purpose of the zoning ordinance? J^
E.
Is the hardship not shared generally by other properties in the same zoning district and the same
vicinity?
No, the business is on a corner lot with a side yard setback the same as the front
a. Explain yard setback.
F.
Would authorization of variance be a substantial detriment to adjacent property and the character of
the district?
No, the addition would still provide ample room within the setback for safety and
a. Explain landscaping.
G. Explain how the request is based upon reason of demonstrable and exceptional hardship as
distinguished for purposes of convenience, profit or caprice.
It is best to expand the business horizontally to the street it faces for better street frontage.
Provide a sketch or graphic and include the property lines of the application area, existing and proposed
structures, appropriate dimensions, and any other information that would be helpful to the Board in evaluating
the request.
SECTION III.
The applicant/agent hereby declares that all information submitted is true to the best of his knowledge and that
all information required for this request has been included.
$WA
——-^,
AUTHORIZED AGENT
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City of Norfolk, Nebraska (Not to scale)
LEGAL DESCRIPTION:
A part of Lot 2 of Westside Plaza Addition to Norfolk, Madison County, Nebraska,
described as follows: A part of the Southeast Quarter (SE 1/4) of the Southeast Quarter
(SE 1/4) of Section 20, Township 24 North, Range 1 West of the 6th P.M., Madison
County, Nebraska, more particularly described as follows: Beginning at a point 1311
feet West and 65 feet North of the Southeast comer of the Southeast Quarter (SE 1/4)
of Section 20, Township 24 North, Range 1 West of the 6th P.M.; thence East 150 feet;
thence North 252 feet; thence West 150 feet; thence South 252 feet to the point of beginning.
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309 N 5th St
Norfolk, NE 68701
P402-844-2280 F402-844-2028
www.ci.norfolk.ne.us
progress. right at home.
Board of Zoning Adjustment
Public Hearing Notice
The Board of Adjustment of the City of Norfolk, Nebraska will hold a public hearing on
Monday, August 22, 2016 at 5:00 p.m. in the City Council Chambers, 309 N. 5th Street,
Norfolk, Nebraska at the request of Perkowitz & Ruth Architects on behalf of Casey’s
General Stores, Inc., to consider a setback variance at the following property addressed as
2640 W Norfolk Avenue and described as follows:
A part of Lot 2 of Westside Plaza Addition to Norfolk, Madison County, Nebraska,
described as follows: A part of the Southeast Quarter (SE 1/4) of the Southeast Quarter
(SE 1/4) of Section 20, Township 24 North, Range 1 West of the 6th P.M., Madison
County, Nebraska, more particularly described as follows: Beginning at a point 1311 feet
West and 65 feet North of the Southeast corner of the Southeast Quarter (SE 1/4) of
Section 20, Township 24 North, Range 1 West of the 6th P.M.; thence East 150 feet;
thence North 252 feet; thence West 150 feet; thence South 252 feet to point of beginning.
Publish (August 12, 2016)
1 P.O.P.
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Sec. 27-154. Height and area regulations - District C-1.
In District C-1, unless otherwise specified, the maximum height and minimum lot requirements shall be
as follows:
Max Front
Height Yard
Side
Yard
Rear Lot
Lot
Yard Width Area
Max
Max
Max
Building Impervious Floor
Coverage Coverage Area
Ratio
7,000
50%
80%
0.5
sq. ft.
25’
0’
15’
0’
40’
See
See (3) below
(4)
for additional
below
requirements
Conditional
40’
25’
0’
15’
0’ 7,000
50%
80%
0.5
Uses (2)
See
See (3) below
sq. ft.
(4)
for additional
below
requirements
(1) Uses are subject to buffering requirements set forth in Article X.
(2) Unless modified as part of a site plan or conditional use approval.
(3) A side yard of not less than seven (7) feet shall be required if adjacent to S-R through
R-O districts. Buildings on corner lots shall provide a side yard on the street sides of not
less than twenty-five (25) feet.
(4) With a conditional use permit, height may be increased except that in all instances must
comply with airport zoning.
Permitted
Uses
Source: Ord. No. 4603, § 1, 9-16-02; Ord. No. 4796, § 1, 5-2-05; Ord. No. 5413, § 10, 7-5-16
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