January 23, 2006
MINUTES OF MEETING
BOARD OF ADJUSTMENT OF SARPY COUNTY, NEBRASKA
A meeting of the Board of Adjustment of Sarpy County, Nebraska was convened in open and public session at the call of Chairman Benash at 7:03 P.M. on January 23, 2006 at the Courthouse in Papillion, Nebraska. Present: Gene Benash, Sharon Hansen, David Fanslau, Gene Mackey and Alan Berns. Kendra Koehler, representing the County Clerk=s office, Planning & Building Director Rick Houck, Planning & Building Coordinator Ken Texand Pat Heng, representing the Board of Adjustment were present.
Notice of the meeting was given in advance thereto by publication in the Midlands Newspapers, Inc. dba Bellevue Leader, Papillion Times, Gretna Breeze and Springfield Monitor on January 18, 2006, a copy of the Proof of Publication is on file in the County Clerk=s office. Notice of the meeting was simultaneously given to all members of the Board of Adjustment of Sarpy County, Nebraska. Availability of the agenda was communicated in the published notice and in the notice to members of the Board of Adjustment of this meeting. All proceedings were taken while the convened meeting was open to the attendance of the public.
Roll call attendance was taken.
Hansen moved, seconded by Benash, to approve the minutes of the December 19, 2005 meeting as submitted. Ayes: Benash, Hansen, Fanslau, Mackey & Berns. Nays: None.
Fanslau moved, seconded by Benash, to nominate Sharon Hansen as the new Chairman for the Sarpy County Board of Adjustment for 2006. Ayes: Benash, Hansen, Fanslau, Mackey & Berns. Nays: None.
Hansen moved, seconded by Benash, to elect David Fanslau as Vice-Chairman of the Sarpy County Board of Adjustment for 2006. Ayes: Benash, Hansen, Fanslau, Mackey & Berns. Nays: None.
Fanslau moved, seconded by Mackey, to accept all evidence submitted to the Sarpy County Clerk’s office prior to the meeting into the record. Ayes: Benash, Hansen, Fanslau, Mackey & Berns. Nays: None.
Hansen introduced agenda item #5 (Tabled from 12/19/05 Dowd Grain Company, Inc., Duane J. Dowd, Trustee, Grand Prix, Inc., Duane J. Dowd, and Lawrence W. Dowd represented by Jeffrey B. Farnham: Jeffrey B. Farnham, P.C., L.L.O., for the appeal of the determination of Ken Tex, Sarpy County Planning and Building Coordinator to issue Building permit No. 27462 to Vrana Construction for the construction of footings and foundation for a commercial/industrial building on Lot 1, Commerce Business Centre Replat 5, Sarpy County, Nebraska).
Duane Dowd,representing Dowd Grain Company,appeared before the Board and requested that both items relating to Dowd Grain Company, agenda item #5 and #6,be heard as one item.
Hansen introduced agenda item #6(Dowd Grain Company, Inc., Duane J. Dowd, Trustee, Grand Prix, Inc., Duane J. Dowd, and Lawrence W. Dowd represented by Jeffrey B. Farnham: Jeffrey B. Farnham, P.C., L.L.O., for the appeal of the determination of Ken Tex, Sarpy County Planning and Building Coordinator to issue Building permit No. 27560 to Vrana Construction for the construction of a commercial/industrial building on Lot 1, Commerce Business Centre Replat 5, Sarpy County, Nebraska).
Duane Dowd, representing Dowd Grain Company, addressed the issue before the Board.
Terry Grennan, representing Dowd Grain Company, addressed the Board.
Mark Stursma, Planning Director for the City of Papillion, addressed the Board.
Mike Smith, Sarpy County Deputy County Attorney, representing Ken Tex,Sarpy County Planning & Building Coordinator, presented information to the Board.
Ken Tex approached the Board to answer questions.
John Fullenkamp, representing CommerceBusinessPark,addressed the Board.
Bob Rieke, representing Omaha Steaks and OSI Properties, addressed the issue before the Board.
Hansen closed the public hearing at 8:25 P.M.
Discussion followed.
Jeff Farnham, representing Dowd Grain Company, submitted documentation and exhibits and requested they be accepted into the record.
Joe Lang, representing RDG Schutte, Wilscam and Birge, addressed the Board regarding the landscaping of the proposed facility.
Mike Smith requested that all evidence submitted during the hearing be accepted into the record.
Fanslau moved, seconded by Benash, to accept all evidence submitted at the hearing into the record. Ayes: Benash, Hansen, Fanslau, Mackey & Berns. Nays: None.
Discussion followed.
Fanslau moved, seconded by Benash, to deny the applicants appeal of the determination ofKen Tex, Sarpy County Planning and Building Coordinator,alleging that hemade mistakes in issuing building permits #27462 for the construction of footings and foundation and#27560 for the construction of the commercial building. Ayes: Benash, Hansen Fanslau. Nays: Mackey Berns. MOTION PASSED.
Hansen advised the applicant that they would have 15 days to appeal the Board’s decision.
At 8:53 P.M. Hansen moved, seconded by Benash, to adjourn. Ayes: Benash, Hansen, Fanslau, Mackey & Berns. Nays: None.
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ATTEST: Board of Adjustment SecretarySharon Hansen, Chairman