Dec 2002

SARPY COUNTY
Department of Planning & Building
Sarpy County Courthouse Annex
1261 Golden Gate Drive, Suite 2E
Papillion, Nebraska 68046
Phone (402) 593-2156 - Fax (402) 593-4335
Ken Tex, Planning & Zoning Coordinator
 
December 18, 2002
Sarpy County Board of Commissioners
Sarpy County Courthouse
1210 Golden Gate Drive
Papillion, Nebraska 68046

To The Sarpy County Board of Commissioners:

The Sarpy County Planning Commission held its regular monthly meeting Wednesday, December 18, 2002 in the County Board Room at the Sarpy County Courthouse, Papillion, Nebraska. Chair Meyer called the meeting to order at 7:30 p.m. with the following members present: Tom Hurley, Brenda Kunz, Wayne LaBart, Marcia Matthies, Don Meyer, Doug Whitfield and Alan Wear. Absent was Pam Buethe, Don Fenster, Denny Nichols and Tom Wees. Mike Smith, Deputy County Attorney was present. Also present were Ken Tex, Planning & Building Coordinator and Cindy Gilbert, Recording Secretary.

Chair Meyer asked for commissioner reports. There were none.

Chair Meyer asked for a motion to approve the agenda as submitted. Matthies moved, seconded by Whitfield to approve the agenda as submitted. Ballot: Ayes - Hurley, Kunz, LaBart, Matthies, Wear and Whitfield. Nays - none. Abstain - none. Absent - Buethe, Fentser, Nichols and Wees. Motion carried.

Chair Meyer asked for a motion to approve the minutes of the November 20, 2002 meeting. Doug Whitfield asked to remove the word Ajust@ from the second page, fifth paragraph, to be less confusing. Fenster moved, seconded by Buethe to approve the minutes as submitted. Ballot: Ayes - Buethe, Fenster, Hurley, Matthies and Wear. Nays - none. Abstain - Whitfield. Absent - Kunz, LaBart, Nichols and Wees. Motion carried.

I. CONSENT AGENDA ITEMS:

None.

II. REGULAR AGENDA ITEMS:

1. Martin Ostransky, 22401 Harrison, Gretna, requests approval of a Final Plat for Lot 3, Sunset Ridge on the following described property, to wit: Being a platting of part of Tax Lot 9, located in the S1/2 of the NE1/4 of Sec 22, Twp 14N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (234th & Cary Road)

Ken Tex showed on the Preliminary Plat where the location is and explained that this is the last of four lots to be finaled.

Martin Ostransky did not have anything to add to Ken=s statement.

LaBart moved, seconded by Wear to recommend approval the Final Plat for Lot 3 of Sunset Ridge with the stipulation that the County Surveyor gives approval for driveway access as it meets the subdivision regulations. Ballot: Ayes - Hurley, Kunz, LaBart, Matthies, Wear and Whitfield. Nays - none. Abstain - none. Absent - Buethe, Fenster, Nichols and Wees. Motion carried.

2. Rudy Mudra, 2524 N. 84th Street, Omaha, requests approval of a Final Plat on a subdivision to be known as Hilltop Industrial Park on the following described property, to wit: Being a replatting of the south 76.00 feet of Lot 19, and all of Lot 20, Hilltop Industrial Park, a subdivision in Sarpy County, Nebraska together with part of the NE1/4 of Sec 25, Twp 14N, Rng 11 of the 6th P.M., Sarpy County, Nebraska. (134th Street, south of Cornhusker Road)

Dean Jaeger, Thompson, Dreessen and Dorner, Inc., stated this was the third phase of this project. There are nine lots in this phase. He showed on a wall map where this phase is in conjunction with the rest of the park. He expects installation to begin on the public utilities sometime in spring or early summer.

When asked about naming the streets with the streets they line up with, Ken Tex replied that there are no streets in the general area that line up with this one. Therefore, he feels the street name is not a problem. He also indicated Mr. Lynam did not have any objections to the name.

Matthies moved, seconded by Whitfield to recommend approval of Lots 27-35 of Hilltop Industrial Park as it meets the subdivision regulations and conforms to the Preliminary Plat. Ballot: Ayes - Hurley, Kunz, LaBart, Matthies, Wear and Whitfield. Nays - none. Abstain - none. Absent - Buethe, Fenster, Nichols and Wees. Motion carried.

3. Tom and Virginia Geiser, 604 N. Front, Waterloo, NE, requests approval of a Special Use Trailer Permit to park a single wide mobile home for recreational use only on the following described property, to wit: Vencil=s Island, LLC, located in Sec 21, Twp 14N, Rng 10E of the 6th P.M., Sarpy County, Nebraska.

Ken Tex stated that Special Use Trailer Permits run for a period of three years and are renewable by publication. If there are no complaints after publication, it is automatically renewed for a $75.00 fee. This particular trailer was formerly owned by someone named McAllister. According to the Special Use Trailer Permit application, the trailer was sitting on Lot 20E. At some point in time, the trailer was moved to Lot 22AE. When this office became aware of this, we informed Mr. Geiser the trailer needed to be removed as it no longer had grandfather rights because of being moved.

Tom Geiser indicated he had purchased the trailer in 1999. He claimed that, although, the trailer had been moved from its original site, it has never been moved off the legal description of the property. He stated that the lot numbers that are used are for the Vencil=s billing purposes only. It is not a part of the legal description.

Ken Tex indicated that our applications do use a lot number to identify the exact location of the trailers and cabins. He showed a copy of records that are kept in the County Assessor=s Office that also show lot numbers for identifying locations. Mr. Tex also stated that Mr. Vencil had given the Planning and Building Department a copy of the lot numbers and where they are located to aid our department in locations of trailers and cabins.

Don Overholt, Village Attorney for the Village of Waterloo, Nebraska, stated that the Geiser=s had received a letter from Gretchen Forney, Sarpy County Deputy Attorney, stating that the room addition to the Geiser=s trailer must be removed. After it was determined that a room addition had not been added, a meeting was set up with the Geiser=s, the County Attorney=s Office and the Planning and Building Department to discuss what the next step was. It was agreed they could apply for a Special Use Trailer Permit as they had before. Mr. Overholt indicated it was their constitutional right to keep this trailer. He read excerpts from the County Zoning Ordinance pertaining to Special Permits and stated they met all the criteria for a permit. He indicated a compromise by approving the Special Use Trailer Permit and not to let this go to court. He then cited a court case concerning the platting of a trailer park.

Mike Smith, Sarpy County Deputy Attorney, stated that it was no burden to the County to go to court and that he was not concerned about the court case that Mr. Overholt cited. He also indicated that a structural alteration had taken place by moving the trailer.

Brenda Kunz read the definition of AStructural Alterations@.

Tom Hurley said he thought the citizen had done everything he could to remedy the situation and maybe we should approve the permit.

Alan Wear stated he felt it was more of a civil matter between the previous owner and the Geiser=s.

After further discussion,

Hurley moved to recommend approval of the Special Use Trailer Permit for three years renewable by publication as it conforms to the County Zoning Regulations. Motion failed for lack of a second on the motion.

LaBart moved, seconded by Matthies to table the application until the January 15, 2003 meeting so that more information can be gathered. Ballot: Ayes - LaBart and Matthies. Nays - Hurley, Kunz, Wear and Whitfield. Abstain - none. Absent - Buethe, Fenster, Nichols and Wees. Motion failed.

Wear moved, seconded by Whitfield to recommend denial of the Special Use Trailer Permit as it does not comply with the Sarpy County Zoning Ordinances. Ballot: Kunz, Matthies, Wear and Whitfield. Nays - Hurley. Abstain - LaBart. Absent - Buethe, Fenster, Nichols and Wees. Motion carried.

III. CORRESPONDENCE:

Cindy Gilbert passed out information on fees pertaining to zoning, platting and building permits. Cindy said it would be on the agenda for the January 15, 2003 meeting and that she would be sending more information to them as soon as possible.

Ken Tex stated that the zoning for the flood plain district was denied to protect the people and property of the citizens.

Ken also mentioned the motion of the County Board to appeal the annexation done by the City of Gretna.

 

IV. ADJOURNMENT:

Being no further discussion, Matthies moved, seconded by LaBart, to adjourn the meeting. By a unanimous oral vote, Chair Meyer declared the meeting adjourned at 8:50 p.m.

Respectfully Submitted,
 
Sarpy County Planning Commission
Don Meyer, Chair
Cindy Gilbert, Recording Secretary