Board of Zoning Adjustment

Board of Zoning Adjustment May 12, 2016 BOARD OF ZONING ADJUSTMENT May 12, 2016 The Board of Zoning Adjustment Meeting was held on Thursday, May 12, 2016 in the Aberdeen City Hall, First Floor Council Chambers, Aberdeen, South Dakota with Babcock presiding as Chairman. Chairman Babcock called the meeting to order. Members present at roll call were Kezar, Musel, Babcock, Grebner, & Winter. VanDeRostyne & Weigel were absent. Also present were Ken Hubbart, City Planner, Chris Witzel, City Planner, Brett Bill, Planning & Zoning Director, David Dosch, Code Enforcement Officer, John Pantzlaff, GIS/Planning Technician, Chad Nilson, Building Inspector, Barry Dunlavy, Building Inspector, Stuart Nelson, Assistant City Engineer, and Paula Nelson, Board of Zoning Adjustment Secretary. Grebner moved and Musel seconded to approve the Board of Zoning Adjustment minutes of April 14, 2016, all members voting aye, the motion carried. Chairman Babcock began with new business as follows: 1) Homes Are Possible, Inc. requested permission, as per site plan submitted, to plat a lot with 14’ of frontage rather than the required 50’, which would be a 36’ Minimum Lot Width Variance, all on Proposed Lot 16, Block 2, HAPI Fourth Central Subdivision to Aberdeen, a.k.a. 2210 Merton Street S. Jeff Mitchell of Homes Are Possible, Inc. was present. Following discussion Kezar moved and Musel seconded to approve. Upon roll call, all members voting aye with Babcock abstaining, the motion carried. MINIMUM LOT WIDTH VARIANCE APPROVED . 2) Grant W. Burgeson requested permission, as per site plan submitted, for existing residence to remain 23’ from the West property line rather than the required 25’, which would be a 2’ Building Variance, all on Lot 9, Block 5, North Aberdeen Addition, a.k.a. 212 Lincoln Street N. Grant Burgeson was present to represent the property. Following discussion Grebner moved and Musel seconded to approve, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 3) Doug Roethler requested permission, as per site plan submitted, to 1) construct a 40’x48’ (1920sf) accessory structure in addition to an existing 1040sf accessory structure, for a total of 2960sf, rather than the permitted 1040sf, which would be a 1920sf Accessory Structure Lot Coverage Variance and 2) to construct an accessory structure with 12.5’ sidewall height rather than the permitted 10’, which would be a 2.5’ Maximum Sidewall Height Variance and 3) to construct an accessory structure that is not aesthetically similar to the primary structure, which would be an Appeal to the Board of Zoning Adjustment, all on Lot C, SW¼SW¼ Sect. 21-T123N-R63W, a.k.a. 1519 Melgaard Road S. Doug Roethler was present to represent the property. Following discussion Kezar moved and Musel seconded to deny agenda item #1. Following discussion, Kezar-aye, Musel-aye, Babcock-aye, Grebner-nay, Winter-aye (4-aye,1-nay), the motion carried. ACCESSORY STRUCTURE LOT COVERAGE VARIANCE DENIED . No action taken on agenda items #2 & #3. 4) Anthony & Dawn Hieb requested permission, as per site plan submitted, to 1) permit the operation of an auto repair business in an accessory structure, which would be an Appeal to the Board of Zoning Adjustment in a (R-3) High Density Residential Zoning District and 2) to permit the open storage of customer vehicles, tow truck, trailer and parts, which would be an Appeal to the Board of Zoning Adjustment, all on Lots 226-228, Morning Heights Addition, a.k.a. 631 High Street S. Anthony & Dawn Hieb were present to represent the property. 1  Board of Zoning Adjustment May 12, 2016 Following discussion Winter moved and Grebner seconded to deny agenda item #1. Upon roll call, Kezar–aye, Musel-nay, Babcock-aye, Grebner-nay, Winter-aye (3-aye, 2-nay) the motion failed. Following further discussion Grebner moved to approve agenda item #1 but motion died for lack of a second. APPEAL DENIED . No action taken on agenda item #2. 5) Aberdeen School District 6-1, requested permission, as per site plan submitted, to 1) permit the installation of a 108sf wall sign rather than the permitted 36sf, which would be a 72sf Sign Variance and 2) to install a 39sf freestanding sign rather than the permitted 16sf, which would be a 23sf Freestanding Sign Variance and 3) to permit 149sf of total signage rather than the permitted 36sf, which would be a 113sf Total Sign Size Variance and 4) to permit the installation of a 2’2”x5’2” full color electronic message center sign, which would be a Special Exception in the (R-2) Medium Density Residential Zoning District, all on Lot 1, Mutual of Omaha Seventh Addition, a.k.a. 3010 Milwaukee Avenue NE. Bob Pitz and Jared Carda of Co-Op Architecture were present to represent the property. Following discussion Kezar moved and Grebner seconded to approve agenda items #1 - #4 with the following stipulations: 1) The sign must be operated in accordance with all EMC ordinances, 2) Sign shall not be operated from 10:00 p.m. to 7:00 a.m., and 3) Sign may not include off-premise advertising, limited to activities on this campus. Upon roll call, all members voting aye, the motion carried. SIGN VARIANCE, FREESTANDING SIGN VARIANCE, TOTAL SIGN SIZE VARIANCE, AND SPECIAL EXCEPTION APPROVED . 6) Walth Safety Service, Inc. requested permission, as per site plan submitted, to permit the open storage of trucks and trailers, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, all on Mead’s Outlot C, E½ Sect. 20-T123N-R64W, a.k.a. 38380 Highway 12 W. There being no representative for this property, this item was denied as submitted. 7) Curt Merkel & Old Hickory Buildings, LLC. requested permission, as per site plan submitted, to permit the open storage, display and sale of accessory structures, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, all on Lot 1, Haug Subdivision, NE¼ Sect. 22-T123N-R64W, a.k.a. 2323 Highway 12 W. Curt Merkel was present to represent the property. Following discussion Grebner moved and Musel seconded to approve with the following stipulations: 1) Old Hickory Buildings, LLC must comply with all city ordinances for Building, Zoning, & Moving Permits, 2) Maximum of eight (8) structures displayed at one time, 3) Property must be maintained in a neat and orderly manner at all times, 4) This Special Exception is for Old Hickory Buildings, LLC only, as long as they are the operator of this specified use, and 5) Applicant must obtain permits for any signs on the property which were installed w/out permits in place with penalty applied. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 8) Aberdeen Development Corporation requested permission, as per site plan submitted, to 1) permit the construction of a rail spur, which would be a Special Exception in the (I-2) Unrestricted Industrial Zoning District and 2) to permit the construction of a soybean oil refinery and biodiesel facility, which would be a Special Exception in the (I-2) Zoning District and 3) permit the storage of fuel oil, diesel fuel and natural gas, hexane and methanol and sodium methylate, which would be a Special Exception in the (I-2) Zoning District, all on Proposed Lot 1, AGP First Addition to Aberdeen, a.k.a. 4816 Eighth Avenue NE. Mike Bockorny was present to represent the property. Following discussion Grebner moved and Musel seconded to approve with the following stipulations: 1) Permits must be obtained prior to construction, 2) Property must be replatted, 3) Property must be annexed, and 4) All 2  Board of Zoning Adjustment May 12, 2016 Fire Marshal and Building Inspection requirements must be met. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTIONS APPROVED . 9) Justin D. Shultis requested permission, as per site plan submitted, for an existing residence to remain 20’ from the West property line rather than the required 25’, which would be a 5’ Building Variance in order to replace front deck, all on Lot 9, Block 24, First Addition, a.k.a. 413 Third Street S. Justin Shultis was present to represent the property. Following discussion Kezar moved and Grebner seconded to approve with the following stipulations: 1) Owner must abide by all orders of the Code Enforcement Department, 2) Plans must be submitted for review and a permit must be obtained prior to work commencing, 3) Property pins must be located for inspection and setbacks must be verified, and 4) All required inspections must be completed. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 10) Boys & Girls Club of Aberdeen Area requested permission, as per site plan submitted, to 1) permit the construction of a private recreational/entertainment facility, which would be a Special Exception in the (R-3) High Density Residential Zoning District, and 2) to permit the construction of a parking lot in the front setback of a property in the (R-3) High Density Residential Zoning District, which would be an Appeal to the Board of Zoning Adjustment, and 3) to permit the installation of 54 parking stalls rather than the required 285 stalls, which would be a 231 stall Minimum Parking Stall Variance and 4) to construct a 301sf Freestanding Sign rather than the required 36sf, which would be a 265sf Freestanding Sign Size Variance, all on Lot 2, Brown County Commissioner’s First Subdivision, a.k.a. 1121 First Avenue SE. Mike Herman, Director of Boys & Girls Club and Dean Marske of HKG Architects were present to represent the property. Following discussion Kezar moved and Grebner seconded to approve agenda item #1, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . Following further discussion Grebner moved and Kezar seconded to approve agenda item #2, all members voting aye, the motion carried. APPEAL APPROVED . Following further discussion Kezar moved and Musel seconded to approve agenda item #3, all members voting aye, the motion carried. MINIMUM PARKING STALL VARIANCE APPROVED . Following further discussion Kezar moved and Musel seconded to approve agenda item #4, all members voting aye, the motion carried. FREESTANDING SIGN VARIANCE APPROVED . 11) R&M Property Holdings, LLC requested permission, as per site plan submitted, to 1) construct two mini-storage buildings in addition to the existing business on site, which would be a Special Exception in the C-2 Highway Commercial Zoning District for a Group Project, and 2) to construct two mini-storage buildings, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, and 3) to construct two mini-storage buildings that are 300’ in length rather than the permitted 120’, which would be two 180’ Maximum Length Building Variances, all on Lot 1, East Highway 12 Addition, NE¼ Sect. 22-T123N- R63W, a.k.a. 5750 Highway 12 East. Jeff Reuer was present to represent the property. Following discussion Kezar moved and Musel seconded to approve agenda items #1 and #2 with the following stipulations: 1) Plans must be submitted for review and a permit must be obtained prior to work commencing, 2) Property pins must be located for inspection and setbacks must be verified, and 3) All required inspections must be completed. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTIONS APPROVED . Following further discussion Kezar moved and Winter seconded to deny agenda item #3, all members voting nay, the motion failed. Following further discussion Kezar moved and Musel seconded to approve agenda item #3 with the stipulation that all building and fire 3  Board of Zoning Adjustment May 12, 2016 code stipulations must be adhered to, all members voting aye, the motion carried. MAXIMUM LENGTH BUILDING VARIANCES APPROVED . 12) Jeff Weismantel requested permission, as per site plan submitted, to 1) construct an addition 4’ from the East property line rather than the required 30’, which would be a 26’ Building Variance, or 2) to construct an addition 25’ from the West property line rather than the required 35’, which would be a 10’ Building Variance and 3) 17’ from the East property line rather than the required 30’, which would be a 13’ Building Variance, all on Lot 1, Rent All Addition and Lots 7-9, Easton’s First Subdivision of Block 32, Bennett & Thomas Addition, a.k.a. 123 Eighth Avenue NW, 702 & 706 Second Street N. Dean Marske of HKG Architects was present to represent the property. Following discussion Kezar moved and Musel seconded to deny. Upon roll call, Kezar-aye, Musel-nay, Babcock-aye, Grebner-nay, Winter-aye (3-aye,2-nay) the motion failed. Request failed due to lack of second motion. BUILDING VARIANCES DENIED . Chairman Babcock continued with other business as follows: 1) Tom Black & Brody Miller with Dakota Territory Brewing spoke regarding process and existing uses within other communities. No action taken. 2) Discussion ensued concerning Central Villas required rear setback and that they will be coming back before this board next month. No action taken. Following further discussion Kezar moved and Grebner seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary April 14, 2016 4