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Shelton Board of Adjustment grants variance for privacy fence at 204 B Street

Village Board of Trustees of the Village of Shelton, Nebraska · June 1, 2025
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Summary

After a public hearing, the Shelton Board of Adjustment granted David Andrews a variance to construct a privacy fence at 204 B Street, finding that corner-lot conditions created an undue hardship; the decision is conditional on compliance with applicable building codes.

Chairman William C. Roe opened a public hearing at 7:03 p.m. on June 12, 2025, on an application from David Andrews requesting a variance from zoning setback requirements to construct a privacy fence at 204 B Street in Shelton.

The applicants answered questions from the board and members of the public. The Village Attorney advised the Board of Adjustment that a variance was appropriate because the property is a corner lot and what is now the front yard was originally a side yard, a circumstance the attorney said met variance criteria.

After considering public comment and the attorney’s opinion, the Board of Adjustment adopted Resolution No. BA-50, finding that strict application of the zoning regulations would produce an undue hardship, that the hardship was not shared generally by other properties in the same district, and that granting the variance would not substantially detriment adjacent property or change the district character. The resolution authorizes the variance for Lot 5 & 6, Block 5, 1st Addition, commonly known as 204 B Street, subject to compliance with all applicable Village, State, County and Federal building codes.

Trustee Oberg moved and Trustee Rabbe seconded the motion to approve Resolution No. BA-50; the vote was recorded as Ayes: Chairman William C. Roe, Trustee Rabbe and Trustee Oberg; Nays: none; Absent: Jensen and Keslar. The motion carried.

The decision allows the fence construction to proceed only after the applicant satisfies any permitting, zoning and building-code requirements specified by the village and other authorities. The minutes record no appeal or follow-up motion; the variance was granted and the Board of Adjustment adjourned back to the Board of Trustees.