The proposed Fick Administrative Subdivision was to be located at 7570 West 70th Street, (Brian Neben, Central Nebraska Today)
KEARNEY — A proposed subdivision on 70th St. northwest of Kearney was heavily discussed during the Buffalo County Commissioners meeting, with several neighbors appearing to voice their opposition.
Mitch Humphrey, a licensed land surveyor in Kearney, filed an application for the Fick Administrative Subdivision on behalf of Walter J. Fick and Cecilia Lauby-Fick, to be located at the property of 7570 West 70th Street.
Humphrey said the owners are seeking to split the property into three different lots to allow for future development. The property is zoned as agricultural-residential.
Humphrey noted that creating the subdivision’s plat was a challenge, trying to meet the landowners’ desires while seeking to adhere to county regulations, including that each lot is at least three acres or larger.
Walter Fick also appeared and said that they had been working for around a year to ensure the plat met the county’s regulations.
When the public hearing was opened to comments from the public, several of Fick’s neighbors appeared and opposed the subdivision, with many concerns related to easements in the area, including shared roads and driveways.
A property easement grants someone the legal right to use another person’s land for a specific, limited purpose. It doesn’t give them ownership, but rather the right to access or use the land for a defined reason.
Much of the discussion took place between Humphrey, Fick and the neighbors, with several questions about the easements and access.
There were others who spoke and noted that they did not want any more houses to be built in the area.
Commissioner Dan Lynch opined that this was a neighborhood dispute that had come to the commissioners. Commissioner Ivan Klein also noted that he didn’t want the board to make a decision that would have repercussions in the future.
The board asked their legal counsel for their options, and deputy county attorney Josiah Davis said that the easements in question are real estate contracts between private landowners and wouldn’t impact the commissioner’s decision on the subdivision.
Davis said that the subdivision, per the county regulations, has been deemed in compliance.
The commissioners, with some reservations, approved the Fick Administrative Subdivision unanimously. It was noted the easement discussions will have to be handled by the neighbors in the area.
