Kearney Planning Commission Meeting - July 18, 2025

The Kearney Planning Commission met on July 18, 2025, at 9:00 a.m. in City Council Chambers to consider a rezoning application and other routine business. The primary agenda item was a public hearing on Rezoning No. 2025-12, submitted by Stuart Hoffman for Hoffman Builds, LLC, to rezone a vacant lot at 5715 Avenue R (1705 58th Street) from R-1 (Urban Residential Single-Family, Low Density) to R-1D (Residential District, allowing single-family or duplexes). After hearing testimony from the applicant, neighbors, and the City Attorney, the commission voted to recommend denial of the rezoning to the City Council.

Consent Calendar

• Approval of Minutes: The commission unanimously approved the minutes from the June 20, 2025, meeting. Motion carried with one abstention (Commissioner Baker) and all others present voting aye.

Public Comments & Testimony

• Brent Kreitzer (6004 U Avenue, President of the Eastbrook Homeowners Association): Opposed the rezoning, stating that the lot is subject to restrictive covenants recorded in 2007 that limit use to a single-family dwelling. He noted that the HOA represents 265 homes and cannot afford litigation if the zoning change were approved and later challenged. He also highlighted that the lot is the last undeveloped lot in the subdivision and is surrounded by single-family homes.
• Thomas Cross (5909 R Avenue): Opposed, stating that he and other residents moved to the neighborhood knowing the covenants and want the lot to remain single-family. He emphasized that the applicant purchased the property without researching the covenants.
• Tammy Radis (5710 R Avenue, HOA Secretary): Expressed strong opposition, calling the proposed rezoning a "spot zoning" that would be inconsistent with the surrounding R-1 properties. She expressed safety concerns about increased traffic and parking on a corner lot with a curve, and noted that the lot has been vacant for nearly 19 years.
• Patricia Osborne (5906 R Avenue, retired realtor): Opposed, stating that multifamily housing near single-family homes can devalue properties and noted that existing multifamily units in the area are in separate groupings with their own HOAs.
• Dustin Girban (5815 R Avenue): Asked whether approving this rezoning would set a precedent for other lots, and questioned the impact on neighborhood covenants if the change were allowed.
• Austin Gardean (5810 R Avenue) and Tammy Radis also raised questions about setbacks and the feasibility of fitting a duplex on the lot given the 25-foot street setbacks and other constraints.

Discussion Items

• Applicant Statement: Stuart Hoffman explained that he purchased the lot about a month prior and sought the rezoning to build a duplex, which he said would reduce building costs and help address the housing deficit in Kearney. He noted the lot is a corner lot, allowing separate driveways. He acknowledged that he did not research the neighborhood covenants or contact the HOA before purchasing, and that he had not received positive feedback from neighbors.
• City Attorney Michael Tye (1419 Central Avenue): Provided legal context, explaining that the property was zoned R-1 when purchased, and the applicant is not entitled to a rezoning. He clarified that restrictive covenants are separate from zoning and are enforced by the HOA, not the city. He noted that even if the zoning were changed, the covenants still restrict the lot to a single-family dwelling, and the HOA could pursue legal action. He also confirmed that the applicant could have made the purchase contingent on a zoning change.
• Commission Questions: Several commissioners asked about the applicant's due diligence, the economic viability of a single-family home vs. a duplex, and the potential for litigation. The applicant stated he did not have numbers for a single-family home and that the duplex would be built as a rental property.
• Staff Report: Staff noted that the property has been zoned R-1 for nearly 19 years and adjacent properties are single-family homes. The proposed rezoning is consistent with the 2016 Comprehensive Plan, but staff provided no recommendation, acknowledging that adjacent owners may oppose.

Key Outcomes

• Motion to Deny Rezoning: Commissioner Baker moved to deny the rezoning request, citing the restrictive covenants and the potential for legal challenges. The motion was seconded. The commission voted 5-0-1 (Commissioner Gargan abstained) to recommend denial. The matter will be forwarded to the Kearney City Council for final determination at its meeting on August 12, 2025, at 5:30 p.m. in the same chambers.
• Reports and Future Agenda: Staff announced plans to update the commission's bylaws (last approved in 2019) and to invite Trevor Lee from Buffalo County Economic Development to speak at the next meeting about housing market trends. The commission was reminded to route all communications through the staff office.