BOARD OF ADJUSTMENT MINUTES

September 16th, 2025

City Council Chambers, Fremont Municipal Building, Fremont, NE

4:30p.m. Meeting

City Attorney Travis Jacott called the meeting to order at 4:30 p.m. Roll call showed Board Members Borisow, Marsh, Brown, Blackburn, Horrocks, and Dooley were present. A quorum was established.

Jeffrey B. Ray, AICP, Interim Director of Planning, went through overview of role and duties of Board of Adjustment.

The UDC lists the following “Criteria for Issuance. The board may grant a variance from the strict application of this UDC if the variance is not prohibited by Subsection C., above, and the board makes findings based upon the evidence presented to it in each specific case that all of the following are demonstrated:”

1. Strict application of the zoning regulations will produce undue hardship;

2. Such hardship is not shared generally by other properties in the same zoning district and within the same vicinity;

3. The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance;

4. The granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, or caprice;

5. The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable a general regulation to be adopted as an amendment to the zoning regulations; and

6. The granting of the variance will not cause substantial detriment to the public good and will not substantially impair the intent and purpose of this UDC or other ordinances/resolutions.

City Attorney Travis Jacott went over the election of chair, vice chair and alternate process. Board Member Scott nominated Board Member Dooley for Chair, Board Member Borisow seconded the motion. By a roll call vote, Brown, Blackburn, Horrocks, Dooley, Borisow, and Marsh all vote in favor. Motion carried 6-0. Board Member Lonnie nominated Board Member Marsh for Vice Chair, Board Member Blackburn seconded the motion. By a roll call vote, Horrocks, Dooley, Borisow, Marsh, Brown, and Blackburn all vote in favor. Motion carried 6-0. Board Member Dooley nominated Board Member Brown for alternate, Board Member Horrocks seconded the motion. By a roll call vote, Dooley, Borisow, Marsh, Brown, and Horrocks all vote in favor. Balckburn against. Motion carried 5-1.

Chair Dooley stated that a copy of the Open Meetings act is posted continually for public inspection located near the entrance door by the agendas. Chair Dooley read the item: Request by Aaron Wolfe on behalf of Casey’s Retail Company for a variance of 11-815.02.02 of the Fremont Municipal Code to increase the height of a sign from 60 feet to 80 feet and to increase the size from 450 square feet to 720 square feet. Interim Planning Director Jeffrey B. Ray gave his staff report. Chair Dooley opened public hearing. After receiving comments, The applicant, Aaron Wolfe for Casey’s stated their variance request and opinion on the required criteria. Chair Dooley closed public hearing. Vice Chair Marsh made a motion against the proposed variance based upon the findings in Planning Director’s staff report and testimony, Board Member Borisow seconded. By a roll call vote, Dooley, Borisow, and Marsh all vote in favor. Horrocks and Blackburn vote against. Motion failed 3-2. Board Member Blackburn made a motion to approve the sign based upon the applicants request and testimony, Board Member Horrocks seconded. By a role call vote, Horrocks and Blackburn in favor. Dooley, Marsh, and Borisow against. Motion failed 2-3.

Motion was made by Chair Looney to adjourn the meeting. Seconded by Vice Chair Marsh. By a roll call vote, Marsh, Dooley, Borisow, Blackburn, and Horrocks, all vote in favor. Motion carried 5-0.

Meeting adjourned at approximately 5:34pm.

APPROVED

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Lonnie Dooley, Chair

ATTEST

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