PLEASE NOTIFY KIMBERLY HOESING AT (402) 444-5552 IF ARRANGEMENTS NEED TO BE MADE. Southeast of 27th and Leavenworth Streets. At the time Kerwin purchased the lot, it was vacant. Waiver of Sections 55-503, 55-506, 55-715, 55-734, 55-718, and 55-740(f) Variance to the front yard setback from 50 from the center line of the fronting street to 0; to the maximum impervious coverage from 90% to 97%, to the minimum required street yard landscaping from 10% to 3%; to the minimum required street yard landscaping depth from 12.5 to 0; to the minimum required perimeter parking lot landscaping depth from 10 to 5 and 0; to the required number of standard parking stalls from 14 to 10; to the requirement of one tree planting for every 500 square feet of minimum street yard landscaping depth; and to the permitted use regulations of the GI District to allow for a Heavy Industry use (batch plant) not otherwise permitted to rearrange and upgrade its current operations on the site; 6155 M St. and 6160 & 6140 Holmes St. Waiver of Section 55-108 & 55-782(b)(2) Variance to the required interior side yard setback from 25 to 15 and 16.7 to allow for a previously constructed single-family home with back yard deck to remain and to allow for construction of a new pool equipment pad; 23030 J Plaza. To the owners of lots, parts of lots and pieces of real estate described herein and abutting or adjacent to the streets, alleys or avenues herein situated in whole or in part within any of the districts herein specified and all being within the City of Omaha, Douglas County, Nebraska. 194, 137 N.W.2d 800 (1965), nor the desire to generate increased profits, see Bowman v. City of York, 240 Neb. Omaha Mun.Code, ch. WebFort Streets in Omaha, Nebraska (Property), to several com-mercial entities and others, Sharon Bruning and Robert Bruning unsuccessfully sought a variance from the require-ments of Omahas zoning code based on a claim of unneces - sary hardship. Prior to the hearing, the applicant may schedule a time to review the Citys case file during normal business hours by contacting the Planning Department at (402) 444-5150 ext. 2051. If an alternative (audio version) to this agenda is necessary, please notify the Board Secretary at (402) 444-5150 ext. Id. Zoning Bd. Thus, their decisions are not to be taken lightly or minimized by the judiciary.. XIV, 55-734 (2001), also requires that a multiple-family dwelling unit provide 1 1/212 off-street parking places for each one-bedroom unit. Lamar Co. v. Omaha Zoning Bd. ROUSSEAU v. ZONING BOARD OF APPEALS OF OMAHA. WebOpinion for Lamar Co. v. Omaha Zoning Bd. An agenda for such meeting, kept continually current, is available for public inspection via this email: mtherkildsen@ohauthority.org. Rezoning from GC to R4. ELKHORN BUSINESS IMPROVEMENT DISTRICT 6878 (2020 ASSESSMENT). The rented buildings were utilized for storage purposes. If necessary, contact the Board Secretary at (402) 444-5150 x.2013. 969, 628 N.W.2d 677 (2001). Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. NOTICE IS HEREBY GIVEN that the City Council of the City of Omaha, Nebraska, will meet and hold a public hearing on April 18, 2023, beginning at 2:00 PM in Legislative Chambers, 1819 Farnam Street, Omaha, Nebraska 68183 for the purpose of hearing testimony for: The redevelopment project plan proposes the new construction of a single four story apartment building with a total of 24 market rate units on top of one level of structured parking. 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. The total estimated project costs are $7,613,054.00, but are subject to change as final costs come in. Pursuant to Neb. : All requests for sign language interpreters (signers) will require a minimum of 48 hours advance notice. Russell, supra, was an appeal from a decision of a board of adjustment, not a zoning board of appeals, the Supreme Court and this court have both recognized the Rousseau then filed a complaint in district court to seek a reversal of the Board's decision as to all three variances. May 9, 2017. Third, it appears that the trial court considered Rousseau's testimony that the proposed structure would impair his property value and did not accord weight to it. The Constitution of the State of Nebraska distributes the judicial power of the state among the Supreme Court, Court of Appeals, district courts, and county courts. WebSTANDARD OF REVIEW 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 68114 WebOpinion for Eastroads v. Omaha Zoning Bd. 39268 passed on March 13, 2012. Kerwin requested a front yard setback of 20 feet. The seeding business employed 25 to 30 regular workers and performed mowing, seeding, landscaping, and similar services. WebOMAHA ZONING BD., APPEALS on CaseMine. 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. Eastroads, L.L.C., and the A. Sullivan Trust (collectively Eastroads) appealed, and the district court affirmed the board's decision. v. Omaha Zoning Bd. Approval of the 508 S. 19TH TIF Redevelopment Project Plan. )H/08!*; Goodman v. City of Omaha, 274 Neb. Thus, at first glance, it appears that Kerwin was requesting a substantial variance. VI, 55-246 (1980), provides that in an R7 district, the minimum front yard setback is 35 feet. Douglas. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. 6875 IN 2020 AS AUTHORIZED BY ORDINANCE NO. Tagged: real estate zoning, Omaha, NE, Appeals, Matthew V. Rusch, Omaha OfficeRegency Westpointe10330 Regency Parkway Drive Suite 100Omaha, Nebraska 68114-3761(402) 397-2200(800) 279-3756, Lincoln OfficeCornhusker Plaza301 South 13th Street Suite 400Lincoln, Nebraska 68508-2571(402) 476-1000(800) 279-3756, Title Defect Renders Collateral Useless; Bank Unable to Cover Losses from Loan Default, Nebraska Legislature Considers Property Tax Relief Procedure for Property Owners Whose Property has been Damaged by a Natural Disaster, Erickson & Sederstrom, 10330 S. Regency Parkway Drive, Omaha, United States, Nebraska Supreme Court Upholds Decision of Zoning Board of Appeals Limiting Business Owners Use of Land. The agendas available on the Internet are subject to change and are for convenience purposes only. WebVolunteers of America, Dakotas (VOA) proposed to build an apartment-style building for veterans in Omaha. 473 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Generally, it is the zoning board of appeals' duty, and not the function of a court, to make this kind of decision. All requests for sign language interpreters (signers) will require a minimum of 48 hours advance notice. % See Documenters reporting. 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. On March 3, 2008, the parties tried this matter before the district court. The Board granted a variance of the front yard setback. The Brunings own a 4.66-acre parcel of land located near 163d and Fort Streets in Omaha. The Zoning Board of Appeals agenda and other information regarding the Zoning Board of Appeals and Planning Department are available on the Internet at, Ruthless - A Conservative News Commentary. 1031 Sunset Trail. 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. Peters testified that Dundee was developed with the assumption that only one off-street parking stall per unit would be available due to the extensive availability of nearby public transportation when the area was developed. However, the Board's decision to grant this insignificant variance was supported by the evidence and was neither arbitrary, unreasonable, nor clearly wrong. 469, 478-79, 764 N.W.2d 130, 137 (2009), the Court of Appeals noted the roles of the zoning boards and the The Zoning Board of Appeals reserves the right to amend the above agenda. After initially making plans to build 11 total condominiums on the property, Kerwin decided to build a four-story, four-unit condominium that included an elevator. However, where existing nearby buildings have a lesser setback than the one required by current standards, the code provides an adjustment to the otherwise applicable setback. Thursday, March 9, 2023. Omaha, Nebraska You can explore additional available newsletters here. 969 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. ?r2mHx)\jCbU m}Wo.,`X u`(erUh@(qE:dj9K=b2f+91u^TY)dySg Wl=}?e7D0na`)RC'T"5"{gS?N0MBsY2= (&MYuE|"Ss?7;`YTrY&=\q@@\:$/ZoN%`FRE]>%!eIzYL]1c4IC`{6Ex^|`k:91Mh SvWVU^5(7M^5YYt -3- The Brunings then sued in federal court. Therefore, we find that the district court did not abuse its discretion or make an error of law in upholding the Board's decision. Rezoning from GI to R5, with approval of a PUR-Planned Unit Redevelopment. (Emphasis in original.) Revised Preliminary Plat approval of SOUTH STREAMS, a subdivision outside city limits, with rezoning from AG to DR, R4, R5, and R6 (laid over from the 3/3/21 meeting). All rights reserved. (3)If a building is to be built on a parcel of land not within 100 feet of an existing building on either side, then the minimum front yard shall be the mean setback of all existing buildings on the blockface. See Eastroads v. Omaha Zoning Bd. Thus, the exception provided by 55-782(c)(1) applies to the instant case, and the required setback is determined by the average setback of the adjacent buildings. Omaha's city planning department seemed to treat the proposed setback as being in conformity with the applicable ordinance prior to the hearing before the Board. ADDRESS 2904 S 5TH ST 453.00, PARGO FREDDIE 6731 N 24 ST 154.00, PBM ASSET MANAGEMENT INC 2501 MASON ST 154.00, PFEIFER JR RONALD L 4917 N 18 ST 616.00, PHAM TUAN V 4704 N 40 ST 191.00, PIETRAMALE CHRIS 1219 S 15 ST 154.00, PIETRAMALE JACK 1225 S 15 ST 616.00, QUREISHI AND KHAN PROPERTIES 4624 N 37 ST 191.00, RACE SHAUN T 6334 MILITARY AV 191.00, RAHMANZAI MOHAMAD 6403 GIRARD ST 191.00, RAYER TODD 1412 MARTHA ST 579.00, REICKS DONALD N 5711 N 129 ST 616.00, RING PHILLIP R 3501 N 54 ST 416.00, ROBERT FREDDIE L 5012 N 36 ST 579.00, ROBLING TONYA K 6215 OGDEN ST 416.00, RODRIGUEZ JESUS A 3727 N 44 ST 191.00, ROLFE GILLIAN D 5815 FAY BD 453.00, ROSE CARRIE L 2877 FORT ST 579.00, SAMSON HOLDINGS LLC 6307 WIRT ST 191.00, SCHAPPERT JEFFREY 6634 BINNEY ST 191.00, SCHAPPERT JEFFREY 6638 BINNEY ST 191.00, SCHAPPERT JEFFREY 6642 BINNEY ST 191.00, SCHLOTFELD GEORGIANA 5228 N 13 ST 616.00, SCHWEER MARK E 4988 MARSHALL DR 154.00, SCOTT JOSHUA J 2712 LAUREL AV 616.00, SETENUS INC 3074 S 44 ST 191.00, SETTLES KHRUSHCHEV 5024 N 22 ST 616.00, SFR3 000 LLC 1745 S 84 ST 228.00, SFR3 020 LLC 4256 NEBRASKA AV 228.00, SIMOUSEN ROBERT 5413 N 37 ST 453.00, SIMS CONNIE 4514 N 24 ST 616.00, SINCLAIR GROUP LLC 1221 S 15 ST 229.00, SINCLAIR GROUP LLC ETAL 5335 N 26 ST 191.00, SNETHEN KEVIN R 1141 S 33 ST 266.00, SOUTHSIDE REDEVELOPMENT CORPO 3023 U ST 154.00, SPRINGS SR RALPH D 1410 SHERWOOD AV 154.00, STALLINGS RONNIE W 5426 N 33 AV 416.00, STARR DOLORES 1416 ELM ST 266.00, STEEL ROCK 6129 PARK LANE DR 191.00, STRAUSS THOMAS V 14730 WEIR ST 229.00, STRICKLIN LONNIE 4835 S 22 ST 154.00, STRONG ROLAND E 1409 N 90 ST 115.00, STRONG STEVEN 1401 N 90 ST 115.00, SUKUP ROBERT J 3702 N 65 AV 191.00, SUMMERS WARREN T 5610 N 47 AV 228.00, SUP FAMILY III LLC 2609 S 132 ST 191.00, SUTTON SCOTT 5426 FONTENELLE BD 154.00, SUTTON SCOTT 5426 FONTENELLE BD 229.00, SWAIT CATHERINE A 3411 N 42 ST 579.00, SWANSON TRUDY A 2409 FARNAM ST 40.00, SYNDICATE PROPERTIES LLC 6117 PARK LANE DR 191.00, TALBOTT GREGORY H 2434 S 48 AV 154.00, TAYLORD SPACES 3461 MARTIN AV 191.00, TETZLAFF TERRY L 6023 SPRAGUE ST 191.00, THOMAS GLICK TRUSTEE 1602 N 34 ST 229.00, TOYO CORPORATION 3043 CALIFORNIA ST 266.00, TRINITY CONSTRUCTION OF NEB 3516 N 38 ST 616.00, VALADEZ SANTIAGO 1707 N 31 ST 266.00, VASQUEZ FELICITOS A 5620 N 29 ST 416.00, VASQUEZ MARIA E 3446 MARTIN AV 266.00, VETRO DOLORES JEAN MARIE 3708 S 16 ST 579.00, VIP 24TH STREET PROPERTIES LL 2315 S 25 ST 228.00, WAHBA SHERIF F 3309 RUGGLES ST 579.00, WANG YIHE 4962 S 142 ST 154.00, WATSON MARVIN D 3716 N 30 ST 616.00, WEREMY SHARON A 3108 N 54 ST 266.00, WEST LOST LAKE LLC 4814 S 19 ST 579.00, WHITLEY DAVID 4223 ERSKINE ST 191.00, WICKLESS J M 4915 N 18 ST 616.00, WILLIAMS DAVID 2583 HARTMAN AV 579.00, WILLIAMS JR WILLIAM M 11010 LAUREL CR 191.00, WILLIAMS THERESA M 4716 N 40 ST 266.00, WIN DODGE RENTALS LLC 3941 NEBRASKA AV 309.00, WORLEY GAGE 1918 N 60 ST 228.00, WYATT LESLIE P 9630 CAMDEN AV 191.00, ZHU HONG 2915 S 5th St 191.00, ZIEGLER JONATHAN 3236 S 130 CR 191.00. The public may attend this meeting virtually via Zoom at: https://us02web.zoom.us/j/88287131291?pwd=anc0RXREM0p3L0ZTNHcyNm9sUThtUT09. The Board of Zoning Appeals is a 5-member body responsible for hearing appeals from individuals who are requesting exceptions or variations for city ordinances in regard to endobj To the owners of lots, parts of lots and pieces of real estate described herein and all being within the City of Omaha, Douglas County, Nebraska. This site is protected by reCAPTCHA and the Google. Appellants owned a 4.66-acre parcel of land that was zoned for agricultural use. The Steamfitter/Pipefitters Board reserves the right to amend the above agenda. *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. On March 13, 2012 TIF Redevelopment Project Plan, the parties tried this matter before the district court )... 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