Local adjustment board approves resolutions of three zoning issues

By Dave Marner, Managing Editor

Posted 2/22/23

All three Owensville property owners seeking resolutions Thursday to previously denied requests for variances received approval from the appointed Board of Adjustment in a public hearing which was …

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Local adjustment board approves resolutions of three zoning issues

Board of Adjustment member Bob Huesgen, Jr., (center) agreed that if the city was to help an adjoining neighboring landowner address concerns about water runoff onto his property, and the two landowners sharing a side yard were in agreement about their shared drainage issue and were willing to work together, the request for a variance on the setback replacing an existing garage should be made. The city will also look into ways to correct storm water runoff onto Carl Smith’s driveway which flows into Stephanie Korff’s yard and eventually onto land Jim Moritz owns which was formerly part of the old Owensville Elementary property. Moritz plans to build six to eight duplexes on the former school site. Moritz, who shared concerns on draining from Fourth entering his site, also received permission to develop apartments in the former Chinese restaurant building. Adjustment board members include (from left) Roxane Brueske (chairman), Wayne Kemper, Huesgen, Jr., John Hoffman, and Kenton Bohl.

Photo by Dave Marner

Posted Wednesday, February 22, 2023 12:00 am

By Dave Marner, Managing Editor

The approval by the adjustment panel Feb. 16 for requests from Carl Smith, Cody James, and Jim Moritz was their final venue for relief outside a legal challenge in the circuit court system. All three had been denied in their effort to have their issues resolved.

The city released a “finding of fact letter” on Friday which listed motions, second and votes on each of the three properties seeking resolution to zoning issues. The letter appears below as presented:

BOARD OF ADJUSTMENT

Finding Of Fact Letter

February 16, 2023

Roxane Brueske, Chairman for the Board of Adjustments, called the meeting to order at 7:10 p.m.

Present: John Hoffman, Kenton Bohl, Roxana Brueseke, Wayne Kemper, and Bob Huesgen Jr.

Written Findings of Fact Letter from the February 16, 2023 meeting

• 311 W FRANKLIN: The Board of Adjustment members agreed to allow the improvements at 311 W. Franklin which will allow the construction of a 36’x32’ detached garage with a setback closer than the 10’ for accessory structures for the Residential R-1 zoning on the north property line.

A motion was made by Kenton Bohl and seconded by Bob Huesgen Jr. to approve the written Findings of Fact. The motion carried and approved.

• 208 N CUBA: The Board of Adjustment members agreed to allow the improvements at 208 N. Cuba which will allow the construction of a 36’x20’ shop addition with a setback closer than the 15’ side setback for the C-2 zoning district on the North property line.

A motion was made by Kenton Bohl and seconded by John Hoffman to approve the written Findings of Fact. The motion carried and approved.

• 501 W HWY 28: The Board of Adjustment members agreed to allow the improvements at 501 W. Hwy. 28 which will allow the construction of apartments in the rear of this property at 501 W. Hwy. 28 for the Highway Commercial C-2 zoning district.

A motion was made by Bob Huesgen Jr. and seconded by Wayne Kemper to approve the written Findings of Fact. The motion carried and approved.

ADJOURN: A motion to adjourn was made by Bob Huesgen Jr. and seconded by John Hoffman.

Adjourned at 7:15 PM

Submitted by, Peggy Farrell, City Clerk