Board of Zoning Adjustment

Board of Zoning Adjustment August 11, 2016 BOARD OF ZONING ADJUSTMENT August 11 , 2016 The Board of Zoning Adjustment Meeting was held on Thursday, August 11, 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 VanDeRostyne, Grebner, Winter, Babcock, and Weigel. Kezar was absent. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Chris Witzel, City Planner, David Dosch, Code Enforcement Officer, Chad Nilson, Building Inspector, Stuart Nelson, Assistant City Engineer, and Paula Nelson, Board of Zoning Adjustment Secretary. Grebner moved and Weigel seconded to approve the Board of Zoning Adjustment minutes of July 14, 2016, all members voting aye, the motion carried. There being no old business, Chairman Babcock began with new business as follows: 1) Dustin & Susie Klapperich 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 Lot 10, Block 3, HAPI Third Central Subdivision, a.k.a. 1810 Twentieth Avenue SE. Susie Klapperich was present to represent the property. Following discussion VanDeRostyne moved and Winter seconded to approve with the following stipulations: 1) Any provided yard/play area must be maintained as a fenced in area. Fence must be installed by May 15, 2017, 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, 8) Owner/operator and any employees must be licensed with the City of Aberdeen, and 9) Must obtain Certificate of Occupancy prior to operation of daycare. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . Jordan McQuillin submitted a letter concerning the HAPI Central Subdivision regarding the following items: 1) Lack of sidewalks at the Lawson St S/Melgaard Rd S intersection, 2) Absence of traffic control devices in the entire subdivision, and 3) The lack of crosswalk(s) at the Lawson St S/Melgaard Rd S intersection. Stuart Nelson, Assistant City Engineer, spoke to the board regarding these items. No action taken. 2) GPHC, LLC and Head Over Heels requested permission, as per site plan submitted, to 1) permit the installation of two wall signs totaling 120sf rather than the permitted 100 sf, which would be a 20sf sign variance and 2) to install two internally illuminated cabinet signs, which would be an Appeal to the Board of Zoning Adjustment in the Aberdeen Commercial Historic District and 3) to permit the use of two wall signs without the required 3-D element, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 1, Ericka’s Corner Subdivision, a.k.a. 422 Main Street S. Deb Rolle was present to represent the property. Following discussion Weigel moved and Grebner seconded 1  Board of Zoning Adjustment August 11, 2016 to deny agenda item #1. Upon roll call, VanDeRostyne-nay, Weigel-aye, Babcock-aye, Grebner-nay, Winter-aye (3-aye, 2-aye), the motion failed. Following further discussion Grebner moved and Babcock seconded to approve agenda item #1 with the stipulation that sign permits must be obtained. Upon roll call, VanDeRostyne-aye, Weigel-nay, Babcock-aye, Grebner-aye, Winter-nay (3-aye,2-nay), the motion failed. SIGN VARIANCE DENIED . Following further discussion Weigel moved and VanDeRostyne seconded to deny agenda item #2, all members voting aye, the motion carried. APPEAL DENIED . Following further discussion VanDeRostyne moved and Winter seconded to deny agenda item #3, all members voting aye, the motion carried. APPEAL DENIED . 3) Jason Lien requested permission, as per site plan submitted, for existing 18’x20’ unattached garage to remain 3’ from the North property line rather than the permitted 10’, which would be a 7’ Building Variance, all on Lots 7-9, Block 10 Corrected Plat of the Highlands, a.k.a. 1216 Lincoln Street N. Jason Lien was present to represent the property. Following discussion VanDeRostyne moved and Weigel seconded to approve, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 4) BW Investments and Ron Wagner requested permission, as per site plan submitted, to permit the operation of a temporary campground, which would be an Appeal to the Board of Zoning Adjustment in the (I-2) Unrestricted Industrial Zoning District, all on Lot 2, Wagner Holdings First Addition, SW¼ Sect. 17-T123N-R64W, a.k.a. 38344 133rd Street. Ron Wagner was present to represent the property. Following discussion VanDeRostyne moved and Grebner seconded to approve with the following stipulations: 1) Owner must be obtain a campground license from the South Dakota Department of Health prior to operation, 2) Property must be maintained in a neat and orderly manner at all times, 3) This use is valid until December 31, 2016 only and said use shall cease completely on this date, and 4) All Fire Marshal stipulations must be met prior to operation. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 5) Roberta Adolphsen requested permission, as per site plan submitted, to 1) construct a wheel chair ramp 8’ from the East property line rather than the required 15’, which would be a 7’ Setback Variance and 2) to plat a lot that is 40’ wide rather than the required 50’, which would be a 10’ Minimum Lot Width Variance, all on the South 20’ of Lot 185 and the North 20’ of Lot 186, Morning Heights Addition, a.k.a. 832 High Street S. There being no representative present this item was moved to the end of the agenda. 6) Roger Reich requested permission, as per site plan submitted, for existing 24’x32’ unattached garage to remain 1’ from the South property line rather than the required 5’, which would be a 4’ Building Variance in order to construct a 14’x24’ addition to the North side of garage, all on Lot 1, R&L Reich Addition to Aberdeen, a.k.a. 1740 Fourth Street S. Roger Reich was present to represent the property. Following discussion VanDeRostyne moved and Winter seconded to approve with the following stipulations: 1) South wall of garage must be fire-rated at the same time the garage is expanded, 2) Plans must be submitted and permit obtained prior to construction, 3) All required inspections must be completed, 4) Property lines must be located to verify setbacks, and 5) Plat of property must be approved & filed with Register of Deeds Office. Upon 2  Board of Zoning Adjustment August 11, 2016 roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 7) Rebecca Tandy Holman requested permission, as per site plan submitted, to permit the operation of a campground, which would be an Appeal to the Board of Zoning Adjustment in the (R-1) Low Density Residential Zoning District and (I-2) Unrestricted Industrial Zoning District, all on Easton’s Outlots 1-4, Easton’s Vacation, Part of City Rearrangement of West Aberdeen and Holman Laundry Addition, a.k.a. 1210 Second Avenue NW. Rebecca Tandy Holman and Margaret James were present to represent the property. Following discussion Winter moved and Weigel seconded to approve with the following stipulations: 1) Must maintain license (up to 25 campsites) with South Dakota Department of Health, 2) Property must be annexed into city limits within 12 months, 3) Any future construction, expansion, etc. must be approved and permitted prior to construction, 4) Property must be maintained in a neat and orderly manner at all times, and 5) All Fire Marshal stipulations must be adhered to. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 8) Prairie Winds Broadcasting, Inc. requested permission, as per site plan submitted, to 1) construct 22 mini-storage/business condo buildings, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, and 2) to construct a group project consisting of 22 structures, which would be a Special Exception, and 3) to construct 22 mini-storage buildings that are 50’ wide rather than the permitted 30’, which would be 22 twenty foot Maximum Width Variances and 4) to construct 22 mini-storage buildings that are 16’4” tall rather than the maximum height of 16’, which would be 22 four inch Maximum Height Variances, all on Lot 1 in the NE¼ Sect. 34-T123N-R64W, a.k.a. 3304 Highway 281 S. Brian Lundquist, Brandon Shuey of Northern Grain Design, and Orin Johnson were present to represent the property. Following discussion the petitioner withdrew this request, no action taken. 9) MP Aberdeen, LLC requested permission, as per site plan submitted, to 1) permit the installation of an off-premise real estate sign, which would be an Appeal to the Board of Zoning Adjustment and 2) to permit the installation of a 16sf real estate sign rather than the permitted 8sf, which would be an 8sf Sign Variance, all on Lot 2, Rivett Sixth Avenue Addition, a.k.a. 524 Harvard Street S. Heath Johnson was present to represent the property. Following discussion Grebner moved and Weigel seconded to approve with the stipulation that the sign must be removed by August 11, 2018. Upon roll call, VanDeRostyne-nay, Weigel-nay, Babcock-aye, Grebner-aye, Winter-nay (2-aye,3-nay), the motion failed. APPEAL DENIED . 10) Rivett Family Trust requested permission, as per site plan submitted, to 1) permit the installation of an off-premise real estate sign, which would be an Appeal to the Board of Zoning Adjustment and 2) to permit the installation of a 32sf real estate sign rather than the permitted 8sf, which would be an 24sf Sign Variance, all on The West 240’ of the North 160’ of Commercial Lot 4, Camelot Estate First Addition, a.k.a. 2004 Eighth Avenue NE. Heath Johnson and Attorney Matt Campbell were present to represent the property. Following discussion Grebner moved to approve but motion died due to lack of a second. Following further discussion Weigel moved and VanDeRostyne seconded to deny. Upon roll call, VanDeRostyne-aye Weigel-aye, Babcock-aye, Grebner-nay, Winter-aye (4-aye,1-nay), the motion carried. APPEAL & SIGN VARIANCE DENIED . 3  Board of Zoning Adjustment August 11, 2016 11) Ellsbee Properties, LLC requested permission, as per site plan submitted, to 1) plat a lot with 0’ of frontage on a Public ROW rather than the required 50’, which would be a 50’ Minimum Lot Frontage Variance and 2) to plat 2 lots with 47.5’ of frontage on a Public ROW rather than the required 50’, which would be two 2.5’ Minimum Lot Frontage Variances and 3) to construct 14 twin homes 0’ from the shared lot line rather than the required 5’, which would be sixteen 5’ Setback Variances, all on Lot 9, HHS Properties Subdivision, a.k.a. 1705 Twentieth Avenue SE. Troy Holtey was present to represent the property. Ken Hubbart stated that a plat revision has been submitted. Following discussion VanDeRostyne moved and Winter seconded to approve agenda item #1 with the following stipulations: 1) A plat must be prepared and filed providing platted access to Lot 12, and 2) A 20’ access frontage to ensure proper maintenance of Lot 12 must be determined. Upon roll call, all members voting aye, the motion carried. Upon roll call, all members voting aye, the motion carried. Upon roll call, all members voting aye, the motion carried. MINIMUM LOT FRONTAGE VARIANCE APPROVED . Following discussion VanDeRostyne moved and Winter seconded to approve agenda items #2 and #3. Upon roll call, all members voting aye, the motion carried. MINIMUM LOT FRONTAGE VARIANCES & SETBACK VARIANCES APPROVED . 5) Roberta Adolphsen requested permission, as per site plan submitted, to 1) construct a wheel chair ramp 8’ from the East property line rather than the required 15’, which would be a 7’ Setback Variance and 2) to plat a lot that is 40’ wide rather than the required 50’, which would be a 10’ Minimum Lot Width Variance, all on the South 20’ of Lot 185 and the North 20’ of Lot 186, Morning Heights Addition, a.k.a. 832 High Street S. Dave Arlt was present to represent the property. 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, 3) All required inspections must be completed, and 4) Ramp must be removed when it is no longer needed or prior to sale of home, whichever comes first. Upon roll call, all members voting aye, the motion carried. SETBACK VARIANCE & MINIMUM LOT WIDTH VARIANCE APPROVED . Following further discussion Grebner moved and Weigel seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary August 11, 2016 4