Board of Zoning Adjustment

Board of Zoning Adjustment July 14, 2016 BOARD OF ZONING ADJUSTMENT July 14 , 2016 The Board of Zoning Adjustment Meeting was held on Thursday, July 14, 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 Musel, Babcock, Weigel, and Winter. VanDeRostyne, Kezar, & Grebner were absent. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Chris Witzel, City Planner, Shane Smith, Code Enforcement Officer, John Pantzlaff, GIS/Planning Technician, Chad Nilson, Building Inspector, Stuart Nelson, Assistant City Engineer, and Paula Nelson, Board of Zoning Adjustment Secretary. Weigel moved and Winter seconded to approve the Board of Zoning Adjustment minutes of June 9, 2016, all members voting aye, the motion carried. Chairman Babcock began with old business as follows: 1) 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 32sf of additional real estate signs in addition to the three 8sf signs currently in place, which would be a 32sf Total Sign Size Variance, all on Lot 1, Walz Second Addition, a.k.a. 411 Harrison Street S. Scott Grebner was present to represent the property. Following discussion Musel moved and Weigel seconded to deny agenda item #1, all members voting nay, the motion failed. Following further discussion Weigel moved and Musel seconded to approve agenda item #1 with the stipulation that this approval is for this property only. Upon roll call, all members voting aye, the motion carried. SIGN SIZE VARIANCE APPROVED . Following discussion Weigel moved and Babcock seconded to deny agenda item #2. Upon roll call, Musel-nay, Babcock-aye, Weigel-aye, Winter-aye (1-nay, 3-aye), the motion failed. Item died for lack of second motion. SIGN SIZE VARIANCE DENIED . Following further discussion Musel moved and Babcock seconded to approve agenda item #3, upon roll call, all members voting aye, the motion carried. TOTAL SIGN SIZE VARIANCE APPROVED . Chairman Babcock continued with new business as follows: 1) Jacey Weig 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 District, all on The West 25’ of Lot 4 & Lot 5, Habeck’s Second Replat of Lockington’s Outlot 1, East of Railroad ROW, a.k.a. 1401 Eighth Avenue NE. Jacey Weig was present to represent the property. Following discussion Musel moved and Weigel 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 1  Board of Zoning Adjustment July 14, 2016 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, 8) Owner/operator and any employees must be licensed with the City of Aberdeen, and 9) No parking on 8th Avenue NE per Public Works Department. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 2) LaVonne Walker requested permission, as per site plan submitted, to 1) construct a 4’x32’ pool deck 3’ from the West property line rather than the required 5’, which would be a 2’ Building Variance and 2) to construct a 28’ diameter above ground swimming pool 11” from the West property line rather than the required 5’, which would be a 4’1” Building Variance, all on Lot 4, Prairie’s Edge First Addition, a.k.a. 2301 Stone Gate Court. There being no representative present this item was moved to the end of the agenda. 3) North American Drainage and Wagner Holdings, LLC requested permission, as per site plan submitted, to permit the open storage of vehicles, heavy equipment, drain tile and similar items, which would be a Special Exception in the (I-2) Unrestricted Industrial District, all on Lot 1, First Replat of Cargill First Addition, a.k.a. 1610 Sixth Avenue SW. Tyler & Gabriella Heinsohn were present to represent the property. Following discussion Weigel moved and Musel seconded to approve with the following stipulations: 1) This special exception for North American Drainage only, as long as they are owner/operator of proposed use, 2) All storage shall be limited to the area indicated on site plan North of the existing buildings on lot with the exception of operable/licensed vehicles and one roll of drain tile allowed on South side, 3) All vehicles must be licensed & operable, 4) Property must be maintained in a neat and orderly manner at all times, and 5) No open storage of items not associated with North American Drainage. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 4) Aaron Bunke requested permission, as per site plan submitted, to construct an 18’ diameter above ground pool 2’ from the East property line rather than the required 25’, which would be a 23’ Minimum Setback Variance, all on Lot 36, Block 1, Homes Are Possible Seventh Subdivision, a.k.a. 1201 Plum Lane. Aaron Bunke was present to represent the property. Following discussion Weigel moved and Babcock seconded to deny. Upon roll call, Musel-nay, Babcock-aye, Weigel-aye, Winter-aye (1-nay, 3-aye), the motion failed. Item died due to lack of second motion. MINIMUM SETBACK VARIANCE DENIED . 5) Sandy Kleinknecht requested permission, as per site plan submitted, for an existing residence to remain 24.5’ from the West property line rather than the required 25’, which would be a .5’ Building Variance and existing 22’x22’ unattached garage to remain 15’ from the West property line rather than the required 25’, which would be a 10’ Building Variance and existing back deck to remain 9’ from the East property line rather than the required 10’, which would be a 1’ Building Variance in order to construct a 7’x10 front deck that will meet all required setbacks, all on Lot 6, Block 1, Hyde Park First Addition, a.k.a. 219 High Street S. Shawn Malsam of Malsam Construction was present to represent the property. Following discussion Musel moved and Winter seconded to 2  Board of Zoning Adjustment July 14, 2016 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 . 6) Janice Miller requested permission, as per site plan submitted, for 1) 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 2) replace front deck with a 4’x4’ landing and 4’ of stairs 12’ from the West property line rather than the required 15’, which would be a 3’ Building Variance, all on Lot 6, Block 24, First Addition to Highlands, a.k.a. 902 Penn Street N. There being no representative present this item was moved to the end of the agenda. 7) Carol Nevill requested permission, as per site plan submitted, for existing residence to remain 3’ from the South property line rather than the required 5’, which would be a 2’ Building Variance and 23.5’ from the East property line rather than the required 25’, which would be a 1.5’ Building Variance in order to replace 4’x8’ front deck that will meet required setbacks, all on Lots 471-472& North 5’ of Lot 473, Morning Heights Addition, a.k.a. 628 Rock Street S. Carol Nevill was present to represent the property. Following discussion Weigel 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 . 8) Chad Opp requested permission, as per site plan submitted, for existing 16’x43.5’ unattached garage and 10’x12’ shed to remain 2.5’ from the South property line rather than the required 5’, which would be two 2.5’ Building Variances, all on The North ½ of Lot 336 & Lot 337, Morning Heights Addition, a.k.a. 625 Lawson Street S. Chad Opp 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 VARIANCES APPROVED . 9) Aberdeen Independent School District 6-1 requested permission, as per site plan submitted, to permit the installation of a 2’7”x5’6” multicolor electronic message center on an existing freestanding sign, which would be a Special Exception for a school in a (R-2) Medium Density Residential District, all on Lot 1, Simmons’ School Subdivision, a.k.a. 1400 Third Street S. Bob Pitz was present to represent the property. Following discussion Weigel moved and Musel seconded to approve with the following stipulations: 1) Sign permit must be obtained prior to installation, 2) EMC must be operated in accordance with all applicable sign ordinance requirements, 3) Sign may not be operated between 10 p.m. and 7 a.m., and 4) Sign may only advertise events, activities, etc. that occur at this campus; no off-premise advertising allowed. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 3  Board of Zoning Adjustment July 14, 2016 10) Joe Ritter requested permission, as per site plan submitted, for existing residence to remain 8’ from the South property line rather than the required 15’, which would be a 7’ Building Variance and for existing 9’x12’ shed to remain 5’ from the South property line rather than the required 25’, which would be a 20’ Building Variance in order to replace front steps that meet all required setbacks, all on Lot 30, Block 2, Gorder’s First Addition to Aberdeen, a.k.a. 1753 Second Street S. Joe Ritter was present to represent the property. Following discussion Musel move 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 . 11) Mike Wiltfang requested permission, as per site plan submitted, to construct a 40’x80’ accessory structure without a primary structure, which would be an Appeal to the Board of Zoning Adjustment in the (M-AG) Mini-Agricultural District, all on Lot 5, Block C, Droog First Subdivision in the S½ Sect. 22-T123N-R64W, a.k.a. 1741 Droog Court. Mike Wiltfang was present to represent the property. Following discussion petitioner withdrew this request. No action taken. 12) Barry Dunlavy requested permission, as per site plan submitted, for 1) existing residence to remain 12.5’ from the East property line rather than the required 25’, which would be a 12.5’ Building Variance and for existing 10’x25’ unattached garage to remain 3’ from the West property line rather than the required 5’, which would be a 2’ Building Variance in order to 2) construct a 3’x6’ landing with stairs 6.5’ from the East property line rather than the required 15’, which would be a 8.5’ Building Variance, all on Lots 4- 6, Block 2, Hagerty & Lloyd Addition, a.k.a. 707 Penn Street N. Barry Dunlavy was present to represent the property. Following discussion Weigel moved and Musel seconded to approve agenda item #1, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . Following further discussion Weigel moved and Musel seconded to approve agenda item #2 with the following stipulations: 1) Plans must be submitted 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 . 13) Dealer Sites, LLC and Titan Machinery requested permission, as per site plan submitted, to permit the open storage, sale and display of farm machinery, equipment, vehicles and similar items, which would be a Special Exception in the (C-2) Highway Commercial District, all on Lot 1, Titan Subdivision, SW¼ Sect. 15-T123N-R63W, a.k.a. 5055 Highway 12 E. Rob Prissel, Store Manager, was present to represent the property. Following discussion Musel moved and Babcock seconded to approve with the following stipulations: 1) This Special Exception is for Titan Machinery only, as long as they are the owner/operator of proposed use, 2) Property must be maintained in a neat and orderly manner at all times, 3) Storage is limited to items owned by Titan Machinery only – no off-premise storage or sales, and 4) Storage must occur in designated parking & display areas only. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 4  Board of Zoning Adjustment July 14, 2016 14) Spike, LLC requested permission, as per site plan submitted, to construct a 24’x102’ Fuel Dispensing Canopy 37’ from the East property line rather than the required 45’, which would be an 8’ Building Variance, all on Lot 1, CCK Addition, a.k.a. 711 Second Street N. Mike Carrels 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 permits (including sign permits for any canopy signage) must be issued 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 . 15) Stuart Wittmann requested permission, as per site plan submitted, for 1) existing residence to remain 10.5’ from the East property line rather than the required 25’, which would be a 14.5’ Building Variance in order to 2) construct a 5’x16’ covered deck 1’ from the North property line rather than the permitted 5’, which would be a 4’ Building Variance and 10.5’ from the East property line rather than the required 25’, which would be a 14.5’ Building Variance, and 3) to construct a 4’x6’ front landing and stairs 1.5’ from the East property line rather than the required 15’, which would be a 13.5’ 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 Weigel moved and Musel seconded to approve agenda item #1, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . Following further discussion Musel moved and Weigel seconded to deny agenda item #2, 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, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . Following further discussion Musel moved and Winter seconded to approve agenda item #3, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 16) Aaron Helvig requested permission, as per site plan submitted, to 1) construct a 12’x16’ storage shed 30’ from the South property line rather than the required 35’, which would be a 5’ Building Variance and 2) to construct a 6’x8’ landing and stairs 23’ from the East property line rather than the required 25’, which would be a 2’ Building Variance, all on Lot 15, Block 8, Seventh Addition of Highlands North Addition, a.k.a. 1903 State Street N. Aaron Helvig was present to represent the property. Following further discussion Weigel moved and Winter seconded to deny agenda item #1, all members voting nay, the motion failed. Following further discussion Musel moved and Babcock 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, and 4) Existing shed must be removed. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . Following further discussion Musel moved and Weigel seconded to approve agenda item #2, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 5  Board of Zoning Adjustment July 14, 2016 17) Lynch Real Estate Corporation requested permission, as per site plan submitted, to permit the construction of an animal carcass composting facility, which would be an Appeal to the Board of Zoning Adjustment in the (I-2) Unrestricted Industrial District, all on Lot 3, Whitney’s Second Addition, in the SE¼ Sect. 16-T123N-R64W, a.k.a. 38474 133rd Street. Troy Truebenbach and Bob Biggerstaff were present to represent the property. Following discussion Musel moved and Winter seconded to approve with the following stipulations: 1) Applicant must obtain any required approval from SD Animal Industry Board, SDDENR, or any other applicable state agency or board. This information must be submitted with building plans prior to issuance of a building permit, 2) All required inspections must be completed, 3) Property lines must be located to verify setbacks, and 4) Any and all complaints must be addressed if notice is served by this office or any other state or county entity. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 2) LaVonne Walker requested permission, as per site plan submitted, to 1) construct a 4’x32’ pool deck 3’ from the West property line rather than the required 5’, which would be a 2’ Building Variance and 2) to construct a 28’ diameter above ground swimming pool 11” from the West property line rather than the required 5’, which would be a 4’1” Building Variance, all on Lot 4, Prairie’s Edge First Addition, a.k.a. 2301 Stone Gate Court. LaVonne Walker was present to represent the property. Following discussion Weigel moved and Musel seconded to deny. Upon roll call, Musel-nay, Babcock-aye, Weigel-aye, Winter-aye (1-nay,4-aye), the motion failed. Item died due to lack of second motion. BUILDING VARIANCES DENIED . 6) Janice Miller requested permission, as per site plan submitted, for 1) 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 2) replace front deck with a 4’x4’ landing and 4’ of stairs 12’ from the West property line rather than the required 15’, which would be a 3’ Building Variance, all on Lot 6, Block 24, First Addition to Highlands, a.k.a. 902 Penn Street N. Barry Dunlavy was present to represent the property. Following discussion Weigel moved and Winter seconded to approve agenda item #1, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . Following further discussion Weigel 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 . Chairman Babcock continued with other business as follows: 1) Winter requested supporting documentation of what constitutes a “hardship” that this board is supposed to use when acting on agenda items. Ken Hubbart stated that information would be disseminated to board members before the next meeting. Following further discussion Musel moved and Weigel seconded to adjourn the meeting. ______________________________ Paula Nelson 6  Board of Zoning Adjustment July 14, 2016 Board of Zoning Adjustment Secretary July 14, 2016 7