north carolina discovery objections / jacoby ellsbury house Waiver of Section 55-246 & 55-716 Variance to the required front yard setback for a Multifamily use in the R7 District from 35 to 15, to the rear yard setback from 25 to 10, and to the required bufferyard between R3 and R7 Districts from 30 to 10 to allow for the construction of a new apartment complex; Southwest of 168th & Shirley Sts. The only change in the use of the land was that the buildings were now leased to others. 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. The Board denied Appellants' request for a variance. WebVolunteers of America, Dakotas (VOA) proposed to build an apartment-style building for veterans in Omaha. 55, art. If necessary, contact the Board Secretary at (402) 444-5150 x2061. Welcome to the Nebraska Planning and Zoning Association (NPZA) NPZA is a group of citizens committed to providing education, training, and assistance for the betterment of planning in your community. Approval of a Special Use Permit to allow a Broadcast tower in the R3 District, with approval of a waiver to Section 55-166, Height, to allow a 90 foot tower, along with approval of a Major Amendment to the Conditional Use Permit (assumed) to allow Religious assembly in the R3 District. The Planning Board agenda and other information regarding the Planning Board and Planning Department are available on the Internet at http://www.cityofomaha.org/planning. The Zoning Board of Appeals reserves the right to amend the above agenda. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 24 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Address, Phone Number, and Hours for Douglas County Planning and Zoning Department, a Building Department, at Menke Circle, Omaha NE. The Board granted Elena Kerwin three zoning variances, one of which amounts to at most a matter of inches. All applications must add the 8% Technology and Training Fee to the fee listed above. Webochsner obgyn residents // omaha zoning board of appeals. Omaha Mun.Code, ch. Mark Owen Rousseau appeals from the judgment of the district court after a bench trial denying his request to reverse the decision of the Omaha Zoning Board of Appeals (Board). WebIn Rousseau v. Zoning Bd. The respective amounts proposed to be assessed have been determined by the actual cost of removal of litter by the City and the penalty for violation provided by Sections 18-21 to 18-30 of the Omaha Municipal Code. 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 Approval of the BLACKSTONE PLAZA BUILDING TIF Redevelopment Project Plan. 548, 495 N.W.2d 646 (1993) (board ordered to allow variances in height and setback of fence); McClelland v. Zoning Bd. In so doing, the court stated that the average front yard setback for the nine structures on the north side of Davenport [Street] is 19.33 [feet]. The court apparently reasoned that Kerwin's proposed 20-foot setback exceeded the 19.33-foot-average setback of all buildings on the block. Goodman v. City of Omaha, 274 Neb. To view reports and exhibits prior to 2023, access a previous web map with the following link Zoning Board of AppealsWeb Map 2020-2022. 711, 441 N.W.2d 893 (1989) (board ordered to issue variance for deck, roof, and stairs); Roncka v. Fogarty, 152 Neb. A proper result will not be reversed merely because it was reached for the wrong reason. 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. After the City of Omaha Planning Department concluded that the property was being used for activities not permitted by ordinance in an agricultural district Appellants applied for a variance requesting waiver that would allow them to deviate from zoning requirements.

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Peters also stated that the current version of the zoning regulations was definitely drafted to adequately control suburban growth and not as friendly as other codes regarding existing development. Approval of the 508 S. 19TH TIF Redevelopment Project Plan. The Supreme Court affirmed the decision of the district court upholding the decision of the City of Omaha Zoning Board of Appeals denying Appellants' request for a variance from the requirements of Omaha's zoning code based on a claim of unnecessary hardship, holding that the district court did not err or abuse its discretion in upholding the Board's decision. Stat. If necessary, contact the Board Secretary at (402) 444-5150 x.2013. The agendas available on the Internet are subject to change and are for convenience purposes only. 2 0 obj Rousseau v. Zoning Bd. 7000 Mercy Road. The request for a variance was denied by the City of Omaha Zoning Board of Appeals (Board). The district court affirmed. WebThe Zoning Board of Appeals deniedthe Brunings petition for a variance. 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. pEEWS[OEdHc]OY|)n5%5hv'Y7 The Board granted a variance of the front yard setback. ADDRESS 1402 S. 18TH ST. 540.00, C&N INVESTMENTS LLC 7260 N 30 ST 653.00, CANLAS RACHEL J 3504 N 36 ST 154.00, CLARK RAYMOND 3702 BROWNE ST 653.00, COLLINS STEPHEN C 12916 TAYLOR CR 266.00, COLWELL WILLIAM A 3605 N 92 CR 191.00, COUNCIL BLUFFS DEVELOPMENT CO 4201 MAPLE ST 579.00, COUNCIL BLUFFS DEVELOPMENT CO 2569 SPAULDING ST 115.00, COX LUTHER 3206 MADISON ST 154.00, CRAWFORD WILLIAM J 4612 N 29 ST 579.00, DAHO LLC 4310 AMES AV 115.00, DEAL DAVID 2201 N 24 ST 115.00, DELEON PEDRO 3524 N 36 ST 191.00, DELEON PEDRO 3514 N 36 ST 303.00, DENDINGER CHAD 2914 NICHOLAS ST 303.00, DEVORE JOHN 3324 JAYNES ST 229.00, DIERKS DAYSEN 3660 SUMMIT ST 191.00, DOCE SELECT VISTAS LLC 2904 N 67 AV 191.00, DREAMVESTING PROPERTIES II LL EST. The meeting will be open to the public. The Douglas County district court affirmed the Boards denial. ?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 Thereafter, the Brunings applied for a zoning variance, requesting a waiver which would allow them to continue the commercial use of the land. View assignment for meeting. Because competent evidence supports the findings, we will not substitute our factual findings for those of the district court.

Approval of a one year extension of the approval of a request to allow a Heliport in the CC District (property is located within an ACI-2 Overlay District). 303 Neb. 6875 prepared by the City, and now on file in the Office of the City Clerk, and correcting any errors therein, and hearing all complaints that the owners of property so to be assessed and taxed may have to be made; said special taxes and assessments proposed to be levied being necessary to cover the cost of the improvements and activities duly authorized to be completed by Business Improvement District No. This would have been correct under 55-782(c)(3), if Kerwin's lot was not within 100 feet of an existing building on either side. of Appeals, the court found that existing ordinances do not remove See, e.g., Barrett v. City of Bellevue, 242 Neb. WebThe Supreme Court first addressed the specific issue of whether a district court, reviewing the decision of a zoning board of appeals, acts as a trial court or as an appellate court in Kuhlmann v. City of Omaha, 251 Neb. 68114 17662 Welch Plaza. Final Plat approval of MAJESTIC POINTE II (formerly MAJESTIC POINTE EAST), a subdivision outside city limits, with rezoning from AG to DR, R4, R5, and R6, along with approval of the MCC Overlay District. App. 68114 VI, ] 55-246 [(1980)]) from 35 [feet] to 20 [feet] to bring proposed structure into alignment with adjacent buildings which average 19.33 [feet] on the north side of Davenport Street. Our members include 8501 West Dodge Road. 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). stream The public may attend this meeting virtually via Zoom at: https://us02web.zoom.us/j/88287131291?pwd=anc0RXREM0p3L0ZTNHcyNm9sUThtUT09. The agendas available on the Internet are subject to change and are for convenience purposes only. 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. May 9, 2017. A copy of said plan is available for public inspection in the City Clerks Office. Rezoning from GC to R4. NOTE: All requests for sign language interpreters (signers) will require a minimum of 48 hours advance notice. 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. If necessary, contact the Board Secretary at (402) 444-5150 x2061. WebDouglas County Planning and Zoning Department Contact Information.

2062. Rezoning from GI to R5, with approval of a PUR-Planned Unit Redevelopment. 969, 628 N.W.2d 677 (2001). 1 0 obj 39864 PASSED ON DECEMBER 10, 2013 AND AMENDED BY ORDINANCE NO. Id. Nevertheless, Kerwin contended that the zoning regulations prohibited her from building the particular style of building that she desired to build.

Approval of a Major Amendment to the Conditional Use Permit to allow Indoor sports and recreation in the CC District. The request was denied. 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. The agendas available on the Internet are subject to change and are for convenience purposes only. 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.

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