[PAGE 1]
BOARD OF ADJUSTMENT MEETING
August 25th, 2025 – 4:30 p.m.
City Council Chambers
Fremont Municipal Building
400 East Military Ave.
Fremont, Nebraska
1. Meeting called to order.
2. Roll call.
3. Overview of role and duties of Board of Adjustment.
4. Election of Chair and Vice Chair.
5. 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.
6. Adjourn Meeting.
THIS MEETING WAS PRECEDED BY PUBLICIZED NOTICE IN THE FREMONT TRIBUNE, THE AGENDA
DISPLAYED IN THE LOBBY OF THE MUNICIPAL BUILDING AND POSTED ONLINE AT
WWW.FREMONTNE.GOV IN ACCORDANCE WITH THE NEBRASKA OPEN MEETINGS ACT, A COPY OF
WHICH IS POSTED CONTINUALLY IN THE COUNCIL CHAMBERS FOR PUBLIC INSPECTION, AND SAID
MEETING IS OPEN TO THE PUBLIC. A COPY OF THE AGENDA WAS ALSO KEPT CONTINUALLY
CURRENT AND AVAILABLE TO THE PUBLIC IN THE PRINCIPAL OFFICE OF THE DEPARTMENT OF
PLANNING, 400 EAST MILITARY AVENUE. THE PLANNING COMMISSION RESERVES THE RIGHT TO
ADJUST THE ORDER OF ITEMS ON THIS AGENDA.

[PAGE 2]
Staff Report
TO: Board of Adjustment
FROM: Jeffrey B Ray, Director of Planning
DATE: September 5, 2025
SUBJECT: Request for variance of Section 11-820 to permit greater sign area and height
than allowed in the UDC
Request:
Casey’s respectfully requests a variance to allow a freestanding sign with a maximum height
of 80 feet (in lieu of 60 feet) and an area of 720 square feet (in lieu of 450 square feet) as a
450 square foot sign will not accommodate letters of sufficient height to be seen at a distance
that would allow safe exit from HWY 275 by motorists traveling 70 MPH
Proposed Development:
Casey’s Retail Company proposes a 4,569-square-foot convenience store and gas station on
the north side of Morningside Drive, east East 1st Street. The development will include five
petroleum pumps (ten fueling stations) and two commercial diesel fueling lanes. The subject
property is 3.08 acres in size, zoned GC (General Commercial District), and the proposed
use is permitted within this zoning classification.
As part of the development, Casey’s intends to install a hi-rise sign to advertise their
presence to traffic on HWY 275 which exceeds the allowable area and height.
Background:
The subject site is currently undeveloped and zoned GC, General Commercial. The adjacent
land uses are vacant to the north, Highway 275 to the east, commercial to the south
across Morningside Dr and vacant and multi-family to the west. The site takes access
from Bud Boulevard to the west.
Adjacent to the site are the following land uses: north – vacant/agriculture; East Highway 275,
south – commercial and industrial warehouse and west multi-family.
The speed limit on Highway 275 at the Morningside interchange is 75 mph and 45 mph on
Moringside Dr.
When approaching the site from the north on southbound Highway 275, the freeway is
elevated and creates unobstructed view of the proposed site.

[PAGE 3]
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

[PAGE 4]
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.
Staff Findings:
1. The proposed signage would be 60% lager than the allowable square footage and
33% taller than the allowable pole sign height.
2. No other commercial facilities in the GC Zoning Districts have signage of the
proposed area or height.
3. In the original application submitted by Casey’s square footage was under the
maximum allowable sf of 450 sf, the applicant stated the following:
The Federal Highway Administration (FHWA) provides general guideline for
design of highway signs as published in the Manual on Uniform Traffic
Control Devices (MUTCD). Said MUTCD stipulates an accepted “rule of
thumb” to insure legibility of Non-Interstate signs is to have 1” of letter height
for every 40’ of desired legibility. The sign industry generally uses a
standard of 1” of letter height per 10’ feet of viewing distance.
Applying the lesser standard (1” per 40’) results in recommended letter
heights of 41 inches for southbound traffic and 56” for northbound traffic, or
49” letters when the two are averaged…
In the revised application received Aug 19, 2025, that applicant is requesting 56”
lettering for a total of 720sf per sign face.
4. Every commercial property at 275 interchanges shares the same visibility and
exiting distance. Thus, the applicant’s subject site is not unique.
5. The NDOT has a program for service signage notifications that are commonly
installed along freeways to direct motorists to gas, restaurants, lodging…which the
applicant can participate in.
6. The intent of the maximum allowable signage and height is to reduce visual clutter
and maintain aesthetics along the commercial corridors of the city.