- 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
I. CONSENT AGENDA ITEMS:
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
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
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
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.
billing purposes only. It is not a part of the legal description.
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
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
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
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
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.
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