omaha zoning board of appeals

All requests for sign language interpreters (signers) will require a minimum of 48 hours advance notice. Notice is hereby given that the Board of Commissioners of the Housing Authority of the City of Omaha will meet on Thursday, April 1, 2021 at 8:30 A.M. via Zoom Videoconference. The Brunings appealed the decision in Nebraska state court, but the trial City of Omaha Zoning Bd. For purposes of this appeal, the significant requirement of property in a CC Zone is that the owner must maintain a 30-foot bufferyard from adjacent property zoned At the time Kerwin purchased the lot, it was vacant. Southeast of 27th and Leavenworth Streets. If an alternative (audio version) to this agenda is necessary, please notify the Board Secretary at 402-444-5150 ext. Waiver of Section 55-740(f)(4) & 55-934(b)(3) Variance to the perimeter parking lot landscaping depth from 10 to 7.5 and to the maximum height for a Category 3 retaining wall in an Urban Design Overlay District from 10 to 13 to allow for the construction of an apartment complex; 3001, 3021, 3023 and 3029 Leavenworth St. Waiver of Section 55-186, 55-782(b)(2) & 55-734 Variance to the required front yard setback from 35 to 25; to the interior side yard setback for a patio with no structural elements above two feet from ground level from 3 to 0; and to the required number of off-street parking stalls from 2 to 0 to allow for the construction of a single-family home; 3735 N. 44th Ave. Waiver of Section 55-786(e)(3) Variance to the residential fence regulations to allow a 6 tall, privacy fence within the street side yard setback; 15203 Ontario St. Waiver of Section 55-740(e) Variance to the hard-surface driveway requirement to allow a graveled driveway and site circulation for a new agricultural sales and service facility; Northeast of 258th Plaza & W. Center Rd. of Appeals, 927 N.W.2d 366, 368 (Neb. An official website of the City of Omaha, Nebraska. You are further notified that said proposed plan of assessment is now subject to the inspection and examination of any of the owners of said lots or pieces of real estate, or any other person interested in said proposed assessments at the Office of the City Clerk, and that it is proposed that unless for good and sufficient cause when it may be otherwise ordered and determined, the cost of said charges for removing said trees, shrubs or other vegetation, respectively, shall be assessed on the several lots and pieces of real estate, as shown herein and by said proposed plan. The Zoning Board of Appeals agenda and other information regarding the Zoning Board of Appeals and Planning Department are available on the Internet at http://www.cityofomaha.org/planning. Neb.Rev.Stat. You are hereby notified to appear before the Board of Equalization at the time and place above specified to make complaints, statements or objections you may desire concerning any of said proposed levies and assessments of said special taxes. 6879 as authorized by Ordinance No. % of Appeals, supra. Approval of the OUTLOOK PROPERTIES TIF Redevelopment Project Plan. *1RxqTtkZJ\ |[$XMqd1{>(ri9cbEZyUE=Y1>(F "-%P @JIC:Dw~!|xYV#oE-!M^lyasp1gw]qBJ}ABG K.}%7}g~En;w7yJzj{LUSi0jQ-5v_:3RB.NM+9]0BP_5\C `.x Kk"Kb(VhyouK'Y;H0 Ms[[R+N2u{'WK=W$,C~uh. The purpose of these hearings is to consider approval of: Class C Liquor License for Wall to Wall Wine & Spirits, LLC, dba Wall to Wall Wine & Spirits, located at 12977 West Center Road. Thereafter, the Brunings applied for a zoning variance, requesting a waiver which would allow them to continue the commercial use of the land. The current agenda and exhibits can be viewed on our monthly Zoning Board of Appeals Web Map. You are further notified that said proposed plan of assessment is now subject to the inspection and examination of any of the owners of said lots or pieces of real estate, or any other person interested in said proposed assessments at the Office of the City Clerk, and that it is proposed that unless for good and sufficient cause when it may be otherwise ordered and determined, the cost of said improvements respectively, shall be assessed on the several lots and pieces of real estate, as shown herein, and by said proposed plans and specifications. EASTROADS v. OMAHA ZONING BD., APPEALS ; ON OFF. 17662 Welch Plaza. We acknowledge that, standing alone, neither the desire to build a larger building, see Alumni Control Board v. City of Lincoln, 179 Neb. 38876 PASSED ON NOVEMBER 23, 2010. 2051. Waiver of off-street parking requirement ([Omaha Mun.Code, ch. 969, 628 N.W.2d 677 (2001). stream Approval of the 508 S. 19TH TIF Redevelopment Project Plan. Her application stated that her grounds for seeking the variances were as follows: Waiver of variance to front yard setback ([Omaha Mun.Code, ch. The variance for Kerwin's proposed front yard setback is either unnecessary because the proposed setback complies with 55-782(c)(1) or a minor variance amounting to a mere matter of inches. Specifically, Rousseau argues that pursuant to Frank v. Russell, Kerwin may not claim hardship, because the zoning regulation did not cause Kerwin a hardship tantamount to a taking, Kerwin purchased the lot after the regulations went into effect, and Kerwin's proposed structure would injure his property value. 55, art. Please try again. Northeast of Blair High Road and Potter Street. 6878 as authorized by Ordinance No. The total estimated project costs are $7,613,054.00, but are subject to change as final costs come in. As Peters explained at the trial, the request for a variance of the front yard setback was made because we get into decimal points and because it becomes a requirement on the owner to spend 5 to 500 to $1000 for a survey to justify the placement of that setback when common sense and looking at the existing setbacks would say that you place it in the midpoint.. Board members:Sean Kelley - ChairKristine Moore - Vice ChairJeremy AspenBrian MahlendorfDustin FriedmanMatthew Kortright - AlternateJoseph Pogge - Alternate, Planning Director David Fanslau1819 Farnam Street, Suite 1100, Omaha NE 68183-1100 Phone: (402) 444-5150, 2023 Zoning Board of Appeals Regularly Scheduled Meetings, 1:00 pm, Legislative Chambers, 2nd Thursday of month, Zoning Board of AppealsWeb Map 2020-2022, parking and signage regulations in the zoning ordinance, any interpretation of the regulations by the Planning Department staff. Each time they erected a new building they claim they sought permits from the City but were told they did not need permits because the buildings were used for storing supplies for the seeding businesses, a permitted agricultural use. Prior to the hearing, the applicant may schedule a time to review the Citys case file during normal business hours by contacting the Board Secretary at 402-444-5150 ext. Approval of the MCC-Major Commercial Corridor Overlay District. At the conclusion of the hearing, the Board granted all three proposed variances. If necessary, contact the Board Secretary at (402) 444-5150 ext. 40480 PASSED ON AUGUST 25, 2015. Case Number. AGENDA ZONING BOARD OF APPEALS THURSDAY, APRIL 8, 2021 PRE-MEETING/CASE REVIEW 11:00 A.M. 11th FLOOR CENTRAL CONFERENCE Id. Stat. Approval of the disposition of City-owned property under Community Development Law. 707 and 715 North 210th Street. Appellants owned a 4.66-acre parcel of land that was zoned for agricultural use. However, the evidence is clear and undisputed that Kerwin's lot was bordered on both sides by buildings within 100 feet. Neb.Rev.Stat. You are hereby notified that the City Council of the City of Omaha will sit as a Board of Equalization in the Legislative Chamber in the Omaha/Douglas Civic Center, Omaha, Nebraska, at least one day from 1:00 p.m. until 2:00 p.m., commencing DECEMBER 7, 2021, for the purpose of considering and equalizing the proposed levy of special taxes and assessments for Business Improvement District No. All Board decisions must be based on a finding of unnecessary hardship or Get free access to the complete judgment in EASTROADS v. OMAHA ZONING BD., APPEALS on CaseMine. Certain factual circumstances are by themselves insufficient to justify a finding of hardship. These provisions apply if 75 percent or more of the lots on a residentially zoned blockface are developed and if 50 percent or more of the buildings on that blockface have front yard setbacks less than those required for the specific district. In Frank v. Russell, the court's explicit holding was only that a variance is not appropriate where the person seeking the variance had created the condition necessitating the variance. of Appeals, supra. 1 0 obj 5343 North 25th Avenue. 40993 PASSED ON DECEMBER 13, 2016. Address, Phone Number, and Hours for Douglas County Planning and Zoning Department, a Building Department, at Menke Circle, Omaha NE. 969, see flags on bad law, and search Casetexts comprehensive legal database On appeal, a district court may disturb the decision of a zoning appeals board only when the decision was illegal or is not supported by the evidence and is thus arbitrary, unreasonable, or clearly wrong. Further, the court commented that this portion of the Frank v. Russell holding was dicta. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. All requests for sign language interpreters (signers) will require a minimum of 48 hours advance notice. NOTE: All requests for sign language interpreters (signers) will require a minimum of 48 hours advance notice. CITY COUNCIL AS A BOARD OF EQUALIZATION. TIF loan proceeds will be used to offset eligible expenses such as acquisition, site work, engineered foundations, architectural and engineering costs, and other public improvements as required. 2051. Papillion. DUNDEE BUSINESS IMPROVEMENT DISTRICT 6876 (2020 ASSESSMENT). PLEASE NOTIFY KIMBERLY HOESING AT (402) 444-5552 IF ARRANGEMENTS NEED TO BE MADE. In addition to the courts created by the Constitution, the Nebraska judicial system has two other courts the separate juvenile courts located in Douglas, Lancaster, and Sarpy Counties, and a statewide Workers Compensation Court. 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