Board of Zoning Adjustment

Board of Zoning Adjustment June 9, 2016 BOARD OF ZONING ADJUSTMENT June 9, 2016 The Board of Zoning Adjustment Meeting was held on Thursday, June 9, 2016 in the Aberdeen City Hall, First Floor Council Chambers, Aberdeen, South Dakota with Weigel presiding as Acting Chairman. Chairman Weigel called the meeting to order. Members present at roll call were Grebner, Weigel, Musel, and Winter. VanDeRostyne, Kezar, & Babcock 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, and Paula Nelson, Board of Zoning Adjustment Secretary. Musel moved and Winter seconded to approve the Board of Zoning Adjustment minutes of May 12, 2016, all members voting aye, the motion carried. Chairman Weigel began with new business as follows: 1) Tami Mielke and Joan Washenberger requested permission, as per site plan submitted, to permit the operation of a daycare as a home occupation, which would be a Special Exception in the (R-3) High Density Residential Zoning District, all on The East 92’ of Lots 1- 3, Block 39, Hagerty & Lloyd Addition, a.k.a. 223 State Street N. Tami Mielke was present to represent the property. Following discussion Musel moved and Grebner seconded to approve with the following stipulations: 1) Any provided yard/play area must be maintained as a fenced in area prior to the operation of this daycare commencing, 2) No more than one individual other than the owner, may work at the daycare at one time, 3) A floor plan must be submitted for review showing the location used for childcare, 4) Age range of children, the number of children and hours of operation must be submitted, 5) This special exception is for the owner, as long as she/he is the owner/operator of the proposed use, 6) Announced and unannounced inspections must be permitted by operator, 7) The operator must schedule a home inspection with the Building Inspection Department and/or the Fire Marshal in order to verify that Building and Fire Code requirements are met, and any required changes or modifications must be made, and 8) Owner/operator and any employees must be licensed with the City of Aberdeen. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 2) Marlene Bitz and S&S Auction requested permission, as per site plan submitted, to 1) operate an online auction business in an accessory structure, which would be an Appeal to the Board of Zoning Adjustment in the (M-Ag) Mini-Agricultural Zoning District, and 2) to permit the open storage of auction items temporarily while being sold and picked up, which would be a Special Exception, and 3) to permit a 4’x8’ and 1.5’x2’ freestanding sign, which would be an Appeal to the Board of Zoning Adjustment and 4) to permit a 42’’x49’’ freestanding sign, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 1B, Franzen Subdivision of Lot 1, Dumdeis First Subdivision, SW¼ Sect. 28-T124N-R64W, a.k.a. 38404 129th Street. Sheldon Bitz was present to represent the property. Following discussion Grebner moved and Musel seconded to approve agenda items #1 and #2 with the following stipulations: 1) This use replaces the trailer manufacturing and sales business that was approved previously at this location, 2) The property must be maintained in a neat and orderly manner at all times, 3) All items shall be stored near the accessory buildings and shall only be there temporarily while being sold or waiting for pick up, and 4) This Special Exception is for S&S Auction only, as long as they are the owner/operator. Upon roll 1  Board of Zoning Adjustment June 9, 2016 call, all members voting aye, the motion carried. APPEAL AND SPECIAL EXCEPTION APPROVED . Following further discussion Grebner moved and Musel seconded to approve agenda items #3 and #4 with the following stipulations: 1) Owner must obtain sign permits and signs must be placed to meet all required setbacks, and 2) Permitted signs at this location may only advertise this business. Upon roll call, all members voting aye, the motion carried. APPEALS APPROVED . 3) Mary Stone requested permission, as per site plan submitted, for existing residence to remain 5’ from the North property line rather than the required 15’, which would be a 10’ Building Variance and 23’ from the East property line rather than the required 25’, which would be a 2’ Building Variance in order to construct a front deck that will meet all setback requirements, all on Lot 1-2, Block 18, Hagerty & Lloyd Addition, a.k.a. 523 State Street N. Mary Stone was present to represent the property. Following discussion Musel moved and Grebner seconded to approve 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. BUILDING VARIANCE APRPOVED . 4) Brandon Wolf requested permission, as per site plan submitted, for existing residence to remain 21’ from the East property line rather than the required 25’, which would be a 4’ Building Variance and 7’x14’ uncovered deck to remain 14’ from the East property line rather than the required 15’, which would be a 1’ Building Variance and for house to remain 3’4” from the North property line rather than the required 5’, which would be a 1’8” Building Variance, all on Lot 4, Block 50, Bennett & Thomas Addition, a.k.a. 307 Third Street N. There being no representative present this item was moved to the end of the agenda. 5) James Snover requested permission, as per site plan submitted, for 1) existing residence to remain 3.5’ from the West property line rather than the required 15’, which would be a 11.5’ Building Variance and 16’ from the South property line rather than the required 25’, which would be a 9’ Building Variance and 4’ from the East property line rather than the required 5’, which would be a 1’ Building Variance and for existing garage to remain 1’ from the North property line rather than the required 5’, which would be a 4’ Building Variance, 0’ from the East property line rather than the required 5’, which would be a 5’ Building Variance and 14’ from the West property line rather than the required 25’, which would be an 11’ Building Variance all in order to 2) construct a 3’x6’ uncovered deck 10’ from the South property line rather than the required 15’, which would be a 5’ Building Variance, all on Lot 6, Narregangs Second Resubdivision of Lots 7-10, Block 46, Second Addition, a.k.a. 324 Eighth Avenue SW. James Snover was present to represent the property. Following discussion Grebner moved and Musel seconded to approve agenda item #1, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . Following further discussion Grebner moved and Musel seconded to approve agenda item #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. BUILDING VARIANCE APPROVED . 6) Susan Peterson requested permission, as per site plan submitted, to 1) construct a 5’x10’ deck and steps 1’ from the South property line rather than the required 5’, which would be a 4’ Building Variance and 2) for existing unattached garage to remain 5’ from the North property line rather than the required 25’, which would be a 20’ Building Variance, all on Lot 2  Board of Zoning Adjustment June 9, 2016 18, Block 11, Sullivan & Easton Addition, a.k.a. 924 First Street N. Susan Peterson was present to represent the property. Following discussion Grebner moved and Musel seconded to deny agenda item #1, all members voting nay, the motion failed. Following further discussion Musel moved and Grebner seconded to approve agenda item #1 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, 3) All required inspections must be completed, 4) The shed and fence that were constructed in public right-of-way must be removed or documentation provided that proper easements were obtained. If allowable evidence is provided, proper building permits must be obtained for shed and fence. BUILDING VARIANCE APPROVED . Following further discussion Musel moved and Winter seconded to approve agenda item #2, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 7) GPHC, LLC requested permission, as per site plan submitted, to permit the installation of a 2’x4’x2’ canopy with 2’x4’ sign, which would be an Appeal to the Board of Zoning Adjustment in the Aberdeen Commercial Historic District, all on Lot 1, Ericka’s Corner Subdivision, a.k.a. 422 Main Street S. Jeff Rich was present to represent the property. Following discussion Musel moved and Winter seconded to approve with the stipulation that a Sign Permit be obtained prior to installation of sign. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 8) John Gasco requested permission, as per site plan submitted, for 1) existing residence to remain 11” from the North property line rather than the required 5’, which would be a 4’1” Building Variance and 12’8” from the West property line rather than the required 25’, which would be a 12’4” Building Variance and for existing shed to remain .5” from the North property line rather than the required 5’, which would be a 4.5’ Building Variance in order to 2) construct a 4’x4’ landing and steps 6’8” from the West property line rather than the required 15’, which would be a 8’4” Building Variance, all on Lot 17, Block 17, Hagerty & Lloyd Addition, a.k.a. 510 State Street N. John Gasco was present to represent the property. Following discussion Musel moved and Winter seconded to approve agenda item #1, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . Following further discussion Musel moved and Winter seconded to approve agenda item #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. BUILDING VARIANCE APPROVED . 9) The Housing & Redevelopment Commission request permission, as per site plan submitted, to construct apartments and 2 accessory structures 20’ from the East property line rather than the required 25’, which would be a 5’ Building Variance, all on Lot 1, Central Villas First Addition, a.k.a. 1901 Merton Street S. Tom Black, Aberdeen Housing Authority Board Member, was present to represent the property. Following discussion Musel moved and Winter seconded to approve, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 10) Louis O’Donnell requested permission, as per site plan submitted, for existing residence to remain 4.7’ from the North property line rather than the required 8’, which would be a 3.3’ Building Variance and 3.4’ from the South property line rather than the permitted 8’, which would be a 4.6’ Building Variance and 24.4’ from the East property line rather than the required 25’, which would be a .6’ Building Variance in order to construct a deck that meets all setbacks, all on Lot 9, Block 2, Huffman’s Second Addition, a.k.a. 1538 Royal Road. 3  Board of Zoning Adjustment June 9, 2016 Louis O’Donnell was present to represent the property. Following discussion Grebner moved and Musel seconded to approve 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. BUILDING VARIANCES APPROVED . 11) Stuart Wittmann requested permission, as per site plan submitted, for 1) existing residence to remain 1’ from the North property line rather than the required5’, which would be a 4’ Building Variance and 11’ from the East property line rather than the required 25’, which would be a 14’ Building Variance in order to 2) construct a 3’x6’ deck 8’ from the East property line rather than the required 15’, which would be a 7’ Building Variance, all on Lots 6-7, Block 94, Hagerty & Lloyd Addition, a.k.a. 412 Arch Street S. Stuart Wittmann was present to represent the property. Following discussion Grebner moved and Winter seconded to approve agenda item #1, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . Following further discussion Grebner moved and Musel seconded to approve agenda item #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. BUILDING VARIANCE APPROVED . 12) Harrison Street Partnership, LLP requested permission to 1) install a 4’x8’ (32sf) real estate sign rather than the permitted 8sf, which would be a 24sf Sign Size Variance and 2) to install a 3’x6’ (18sf) real estate sign rather than the permitted 8sf, which would be a 10sf Sign Size Variance and 3) to permit 50sf of additional real estate signs rather than the three 8sf signs currently in place, which would be a 50sf Total Sign Size Variance, all on Lot 1, Walz Second Addition, a.k.a. 411 Harrison Street S. This item was tabled until July 14, 2016. No action taken. 13) H&H Farms, LLP and Fischer Fireworks, LLC requested permission, as per site plan submitted, to permit the temporary sale of fireworks as a Special Exception in the Aberdeen Zoning Jurisdiction, all on The SE¼ Sect. 21-T123N-R64W, excluding Lot 1, Hedges First Addition and Land Deeded, a.k.a. 38451 Highway 12 W. Lukas Fischer and Zachary Fischer were present to represent the property. Following discussion Grebner moved and Musel seconded to approve with the following stipulations: 1) Must comply with all Fire Marshal recommendations, and 2) Must obtain permits prior to installing any signs. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 14) Brian Shishnia requested permission, as per site plan submitted, for 1) existing residence to remain 10’ from the West property line rather than the required 20’, which would be a 10’ Building Variance, and for existing 16’x24’ unattached garage and 6’x8’ shed to remain within the front setback, which would be an Appeal to the Board of Zoning Adjustment in order to 2) construct a 16’x18’ carport in the front setback of the property, which would be an Appeal to the Board of Zoning Adjustment and 3) to construct a 16’x18’ carport 14’ from the East property line rather than the required 25’, which would be an 11’ Building Variance, all on Lot 1, Block 2, Replat of Block 1-2, Golden West Addition and the West 32’ of Vacated Sixteenth Street S Public ROW, a.k.a. 902 Sixteenth Street S. Brian Shishnia was present to represent the property. Following discussion Musel moved and Winter seconded to approve agenda item #1, all members voting aye, the motion carried. APPEAL APPROVED . Following further discussion Winter moved and Musel seconded to deny 4  Board of Zoning Adjustment June 9, 2016 agenda items #2 and #3, all members voting nay, the motion failed. Following further discussion Grebner moved and Musel seconded to approve agendas item #2 and #3 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, 3) All required inspections must be completed, 4) Property must be replatted into one parcel, 5) Carport must be aesthetically similar to primary structure, and 6) Both existing sheds must be removed. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCES AND APPEALS APPROVED . 15) Brian Shishnia requested permission, as per site plan submitted, to 1) construct a 12’x14’ shed 19.5’ from the South property line rather than the required 25’, which would be a 5.5’ Building Variance, all on the East 78.1’ of Lots 655-656, Morning Heights Addition, a.k.a. 634 Park Street S. Brian Shishnia was present to represent the property. Following discussion Musel moved and Grebner seconded to deny, all members voting nay, the motion failed. Following discussion Grebner moved and Weigel seconded to approve 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 nay, the motion failed. BUILDING VARIANCE DENIED . 16) Jeff Seiler requested permission, as per site plan submitted, to construct an addition to attached garage 18’ from the NW property line rather than the required 25’, which would be a 7’ Building Variance, all on Lot 17 & Portion of Lot 18 lying NE of Line from the NW corner to SE corner, Block 1, Kyburz & Hurlbert Addition, a.k.a. 1527 Squire Lane. Jeff Seiler was present to represent the property. Following discussion Musel moved and Weigel seconded to approve 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. BUILDING VARIANCE APPROVED . 17) 224 Holdings, LLC and Dakota Territory Brewing requested permission, as per site plan submitted, to permit the operation of a microbrewery and tasting room, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 12, Block 11, Original Plat, a.k.a. 224 Main Street S. Tom Black was present to represent the property. Following discussion Musel moved and Winter seconded to approve with the stipulation that plans must be submitted for review and a permit must be obtained prior to work commencing. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 18) Ryan & Jessica Vogel requested permission, as per site plan submitted, for 1) existing residence to remain 9.65’ from the North property line rather than the required 10’, which would be a .35’ Building Variance and 2) to construct a 12’x14’ shed 6’ from the North property line rather than the required 10’, which would be a 4’ Building Variance, all on Lot 4, Block 2, Spaulding’s Second Addition, a.k.a. 1231 Kline Street N. Ryan Vogel was present to represent the property. Following discussion Grebner moved and Winter seconded to approve agenda item #1, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . Following further discussion Musel moved and Grebner seconded to approve 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 5  Board of Zoning Adjustment June 9, 2016 completed. Upon roll call, Grebner-aye, Weigel-aye, Musel-aye, Winter-nay (3-aye,1-nay), the motion failed. BUILDING VARIANCE DENIED . 19) Paul & Marie Poor requested permission, as per site plan submitted, for 1) existing residence to remain 2.5’ from the North property line rather than the required 5’, which would be a 2.5’ Building Variance and 2.5’ from the South property line rather than the required 5’, which would be a 2.5’ Building Variance and for existing garage to remain 4.5’ from the North property line rather than the required 5’, which would be a .5’ Building Variance in order to 2) construct a 6’x20’ addition 2.5’ from the North property line rather than the required 5’, which would be a 2.5’ Building Variance and 3) 2.5’ from the South property line rather than the required 5’, which would be a 2.5’ Building Variance, and 4) to construct a 6’x14’ addition 2.5’ from the South property line rather than the required 5’, which would be a 2.5’ Building Variance, all on Lot 15, Block 20 Hagerty & Lloyd Addition, a.k.a. 506 Jay Street N. Marie Poor was present to represent the property. Following discussion Musel moved and Grebner seconded to approve agenda item #1, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . Following further discussion Musel moved and Grebner seconded to deny agenda items #2 and #3, all members voting nay, the motion failed. Following further discussion Musel moved and Winter seconded to approve agenda item #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, Grebner-aye, Weigel-nay, Musel- aye, Winter-aye, the motion failed. BUILDING VARIANCE DENIED . Following further discussion Musel moved and Grebner seconded to deny agenda item #3, all members voting aye, the motion carried. BUILDING VARIANCE DENIED . Following further discussion Grebner moved and Musel seconded to approve agenda item #4 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. BUILDING VARIANCE APPROVED . 20) Dave Schumaker requested permission, as per site plan submitted, to construct a twin home 0’ from the East property line of Lot 1, rather than the required 8’, which would be an 8’ Building Variance and 0’ from the West property line of Lot 2, rather than the required 8’, which would be an 8’ Building Variance, all on Lots 1&2, Block 1, Meadowlark Acres Addition to Aberdeen, a.k.a. 5002 & 5008 Kingfisher Avenue SE. Attorney Rod Tobin was present to represent the property. Following discussion Grebner moved and Musel seconded to approve 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. BUILDING VARIANCES APPROVED . 21) Dave Schumaker requested permission, as per site plan submitted, to construct a twin home 0’ from the East property line of Lot 3, rather than the required 8’, which would be an 8’ Building Variance and 0’ from the West property line of Lot 4, rather than the required 8’, which would be an 8’ Building Variance, all on Lots 3&4, Block 1, Meadowlark Acres Addition to Aberdeen, a.k.a. 5012 & 5016 Kingfisher Avenue SE. Attorney Rod Tobin was present to represent the property. Following discussion Grebner moved and Musel seconded to approve 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 6  Board of Zoning Adjustment June 9, 2016 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. BUILDING VARIANCES APPROVED . 22) Dave Schumaker requested permission, as per site plan submitted, to construct a twin home 0’ from the East property line of Lot 5, rather than the required 8’, which would be an 8’ Building Variance and 0’ from the West property line of Lot 6, rather than the required 8’, which would be an 8’ Building Variance, all on Lots 5&6, Block 1, Meadowlark Acres Addition to Aberdeen, a.k.a. 5020 & 5024 Kingfisher Avenue SE. Attorney Rod Tobin was present to represent the property. Following discussion Grebner moved and Musel seconded to approve 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. BUILDING VARIANCES APPROVED . 23) Dave Schumaker requested permission, as per site plan submitted, to construct a twin home 0’ from the North property line of Lot 1, rather than the required 8’, which would be an 8’ Building Variance and 0’ from the South property line of Lot 2, rather than the required 8’, which would be an 8’ Building Variance, all on Lots 1&2, Block 2, Meadowlark Acres Addition to Aberdeen, a.k.a. 918 & 910 Ibis Street S. Attorney Rod Tobin was present to represent the property. Following discussion Grebner moved and Musel seconded to approve 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. BUILDING VARIANCES APPROVED . 24) Dave Schumaker requested permission, as per site plan submitted, to construct a twin home 0’ from the North property line of Lot 3, rather than the required 8’, which would be an 8’ Building Variance and 0’ from the South property line of Lot 4, rather than the required 8’, which would be an 8’ Building Variance, all on Lots 3&4, Block 2, Meadowlark Acres Addition to Aberdeen, a.k.a. 902 & 820 Ibis Street S. Attorney Rod Tobin was present to represent the property. Following discussion Grebner moved and Musel seconded to approve 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. BUILDING VARIANCES APPROVED . 25) Dave Schumaker requested permission, as per site plan submitted, to construct a twin home 0’ from the North property line of Lot 1, rather than the required 8’, which would be an 8’ Building Variance and 0’ from the South property line of Lot 2, rather than the required 8’, which would be an 8’ Building Variance, all on Lots 1&2, Block 3, Meadowlark Acres Addition to Aberdeen, a.k.a. 917 & 909 Ibis Street S. Attorney Rod Tobin was present to represent the property. Following discussion Grebner moved and Musel seconded to approve 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. BUILDING VARIANCES APPROVED . 26) Dave Schumaker requested permission, as per site plan submitted, to construct a twin home 0’ from the North property line of Lot 3, rather than the required 8’, which would be an 7  Board of Zoning Adjustment June 9, 2016 8’ Building Variance and 0’ from the South property line of Lot 4, rather than the required 8’, which would be an 8’ Building Variance, all on Lots 3&4, Block 3, Meadowlark Acres Addition to Aberdeen, a.k.a. 819 & 901Ibis Street S. Attorney Rod Tobin was present to represent the property. Following discussion Grebner moved and Musel seconded to approve 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. BUILDING VARIANCES APPROVED . 27) Dave Schumaker requested permission, as per site plan submitted, to 1) install a 4’x8’ (32sf) real estate sign rather than the permitted 8sf, which would be a 24sf Sign Size Variance, and 2) to permit the off-premise advertising of lots available for sale, which would be an Appeal to the Board of Zoning Adjustment in the (R-2) Medium Density Residential Zoning District, all on Lot 3, Block 2, Meadowlark Acres Addition to Aberdeen, a.k.a. 902 Ibis Street S. Attorney Rod Tobin was present to represent the property. Following discussion Musel moved and Grebner seconded to approve with the following stipulations: 1) Additional signs shall not be placed on individual lots, 2) Sign must be removed if lot is developed, 3) Sign must meet setback requirements, and 4) Permit must be obtained prior to installation. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 28) Stanley B. Altman requested permission, as per site plan submitted, to 1) permit a private family cemetery, which would be a Special Exception in the (A-1) Agricultural Zoning District, and 2) to permit a lot with 0’ of frontage rather than the required 200’, which would be a 200’ Minimum Lot Frontage Variance, and 3) to plat a lot that is .023 acres in size rather than the permitted 40 acres, which would be a 39.977 acre Minimum Lot Size Variance, all on the NW¼ Sect. 25-T124N-R64W, except RR ROW and Land Deeded, a.k.a. 38740 128th Street. Adam Altman was present to represent the property. Following discussion Grebner moved and Musel seconded to approve with the following stipulations: 1) Plat must be filed with the Brown County Register of Deeds, and 2) All applicable state and county requirements must be adhered to. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION, MINIMIM LOT FRONTAGE VARIANCE, AND MINIMUM LOT SIZE VARIANCE APPROVED . 29) Roger Cooper requested permission, as per site plan submitted, for existing residence to remain 4.25’ from the South property line rather than the required 15’, which would be a 10.75’ Building Variance, all on Lot 3, Cooper’s First Subdivision, SW¼ Sect. 14-T123N- R63W, a.k.a. 317 392nd Avenue S. Corbin Veal of Doc Veal Construction 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 . 30) Zamani Peters requested permission, as per site plan submitted, for 1) existing residence to remain 20’ from the East property line rather than the required 25’, which would be a 5’ Building Variance and for existing garage to remain 1.2’ from the North property line rather than the required 5’, which would be a 3.8’ Building Variance and 1’ from the West property line rather than the required 5’, which would be a 4’ Building Variance in order to 2) construct a 5’x7’ covered deck 15’ from the East property line rather than the required 25’, which would be a 10’ Building Variance and 3) to construct uncovered stairs 12’ from the East property line rather than the required 15’, which would be a 3’ Building Variance, all on Lot 5, Block 13, North Aberdeen Addition, a.k.a. 309 First Street N. Zamani Peters was present to represent the property. Following discussion Musel moved and Grebner 8  Board of Zoning Adjustment June 9, 2016 seconded to approve agenda item #1, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . Following further discussion Grebner moved and Musel seconded to approve agenda item #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. BUILDING VARIANCE APPROVED . Following further discussion Musel moved and Grebner seconded to approve agenda item #3, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 31) Furniture Outlets USA and Troy Eichmann requested permission, as per site plan submitted, to install a freestanding sign that is 49’ tall rather than the required 39’, which would be a 10’ Maximum Height Variance, all on Lot 1, Dial Fourth Addition, a.k.a. 401 Norwood Street S. Troy Eichmann was present to represent the property. Following discussion Musel moved and Grebner seconded to deny, all members voting nay, the motion failed. Following further discussion Grebner moved and Musel seconded to approve at 45’ (6’ variance) with the following stipulations: 1) Permit must be obtained prior to installation, and 2) Airport Director must approve height and location of sign. Upon roll call, all members voting aye, the motion carried. MAXIMUM HEIGHT VARIANCE APPROVED . 32) Susan Dalager requested permission, as per site plan submitted, for 1) existing residence to remain 12’ from the North property line rather than the required 15’, which would be a 3’ Building Variance in order to 2) construct a stairwell that is 9’ from the North property line rather than the required 15’, which would be a 6’ Building Variance, all on Lot 1, Webb’s Addition, a.k.a. 702 Harrison Street S. Susan Dalager was present to represent the property. Following discussion Grebner moved and Musel seconded to approve 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. BUILDING VARIANCES APPROVED . 4) Brandon Wolf requested permission, as per site plan submitted, for existing residence to remain 21’ from the East property line rather than the required 25’, which would be a 4’ Building Variance and 7’x14’ uncovered deck to remain 14’ from the East property line rather than the required 15’, which would be a 1’ Building Variance and for house to remain 3’4” from the North property line rather than the required 5’, which would be a 1’8” Building Variance, all on Lot 4, Block 50, Bennett & Thomas Addition, a.k.a. 307 Third Street N. Brett Bill was present to represent the property. Following discussion Grebner moved and Musel seconded to approve, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . Chairman Weigel continued with other business as follows: 1) Chairman Weigel stated his intentions to forward a letter to the City Council, Mayor, and Aberdeen Downtown Association regarding the downtown sign ordinance. Following further discussion Grebner moved and Musel seconded to adjourn the meeting. ______________________________ Paula Nelson 9  Board of Zoning Adjustment June 9, 2016 Board of Zoning Adjustment Secretary June 9, 2016 10