Board of Zoning Adjustment

Board of Zoning Adjustment September 8, 2016 BOARD OF ZONING ADJUSTMENT September 8 , 2016 The Board of Zoning Adjustment Meeting was held on Thursday, September 8, 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 Grebner, Winter, Babcock, Weigel, & VanDeRostyne. Kezar was absent. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Chris Witzel, City Planner, Barry Nilson, Building Inspector, David Dosch, 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. Winter moved and Grebner seconded to approve the Board of Zoning Adjustment minutes of August 11, 2016, all members voting aye, the motion carried. There being no old business, Chairman Babcock began with new business as follows: 1) Owen Brick requested permission, as per site plan submitted, for existing residence to remain 17’ from West property line rather than the required 25’, which would be an 8’ Building Variance and 7’ from the North property line rather than the required 15’, which would be an 8’ Building Variance, all on Lot 12, Kelley’s Replat of Block 5, Hagerty & Lloyd Addition, a.k.a. 524 Penn Street N. Marce Batte was present to represent the property. Following discussion Grebner moved and Winter seconded to approve, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 2) Aaron Darling requested permission, as per site plan submitted, for existing residence to remain 5’ from the West property line rather than the required 10’, which would be a 5’ Building Variance and for existing 8’x8’ shed to remain 6’ from the East property line rather than the required 10’, which would be a 4’ Building Variance, all on Lot 1, Heller Addition to Aberdeen, a.k.a. 1843 Eisenhower Circle. Aaron Darling was present to represent the property. Following discussion VanDeRostyne moved and Weigel seconded to approve, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . 3) Jarrett Jones requested permission, as per site plan submitted, to permit a campground, which would be an Appeal to the Board of Zoning Adjustment in the (M-Ag) Mini- Agricultural Zoning District, all on Lot 2, Shishnia First Addition in the SE¼ Sect. 14- T123N-R63W, a.k.a. 13295 393rd Avenue. Jarret Jones was present to represent the property. Following discussion VanDeRostyne moved and Weigel seconded to deny, all members voting nay, the motion failed. Following further discussion VanDeRostyne moved and Grebner seconded to approve with the following stipulations: 1) A campground license from the SD Department of Health must be obtained and submitted to the Planning & Zoning Office prior to operation, 2) A septic system, sized appropriately, according to SD DENR regulations must be installed prior to operation, 3) Property must be maintained in a neat and orderly manner at all times, and 4) Must comply with all Fire Marshal requirements prior to operation. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . {00024394.DOC / 1} 1  Board of Zoning Adjustment September 8, 2016 4) Northwestern Public Service requested permission, as per site plan submitted, to 1) expand an existing substation, which would be a Special Exception in the (I-2) Unrestricted Industrial Zoning District and 2) to relocate a 60’ tall communication tower, which would be a Special Exception in the (I-2) Zoning District, all on Lot 1, Aberdeen City Substation Addition, a.k.a. 610 Third Avenue SW. Ron Gogolin of Northwestern Energy was present to represent the property. Following discussion Weigel moved and Grebner seconded to approve with the stipulation that all necessary permits are obtained prior to construction and that any approval that may be necessary from the FAA is obtained, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 5) Ezra Aderhold requested permission, as per site plan submitted, for existing residence to remain 6.2’ from the East property line rather than the required 25’, which would be a 18.8’ Building Variance and 3.6’ from the North property line rather than the required 5’, which would be a 1.4’ Building Variance and 9.8’ from the West property line rather than the required 20’, which would be a 10.2’ Building Variance and 2) to replace the foundation of an existing unattached garage, which is 0’ from the West property line rather than the required 5’, which would be a 5’ Building Variance, and 0’ from the South property line rather than the required 5’, which would be a 5’ Building Variance, all on The South 50’ of Lot 1, Block 49, Second Addition, a.k.a. 810 First Street S. Ezra Aderhold was present to represent the property. Following discussion VanDeRostyne moved and Weigel seconded to approve agenda item #1, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . Following further discussion VanDeRostyne moved and Grebner seconded to deny agenda item #2, all members voting aye, the motion carried. BUILDING VARIANCES DENIED . Following further discussion VanDeRostyne moved and Grebner seconded to approve agenda item #2 two feet (2’) from the South property line rather than the required 5’ and five (5’) from the West property line. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 6) Ellsbee Properties, LLC requested permission, as per site plan submitted, to 1) plat four lots with 47.5’ of frontage rather than the required 50’, which would be four 2.5’ Minimum Lot Frontage Variances and 2) to construct a four-plex with common walls 0’ from the shared lot lines on lots 13-16 rather than the required 5’, which would be six 5’ Setback Variances, all on Lot 9, HHS Properties Subdivision to Aberdeen, a.k.a. 1705 Twentieth Avenue SE. This item was moved to the end of the agenda. 7) William Welk requested permission, as per site plan submitted, to 1) permit the open storage, sale and display of vehicles and miscellaneous equipment, which would be a Special Exception in the (I-2) Unrestricted Industrial Zoning District, and 2) to permit the installation of a 4’x8’ freestanding sign in addition to an existing off-premise sign structure, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 1, Gross’s Addition, E½NE¼ Sect. 21-T123N-R63W, a.k.a. 4856 Sixth Avenue SE. Marcia Paul was present to represent the property. Following discussion VanDeRostyne moved and Weigel seconded to approve agenda item #1 with the following stipulations: 1) This special exception is for William Welk’s personal property only and valid for his retirement sale only, not for continuous open storage and display of items indefinitely, 2) Open storage shall be limited to the North 150’ of property only, 3) Maximum of 15 items that may be displayed at one time, 4) Property must be maintained in a neat & orderly {00024394.DOC / 1} 2  Board of Zoning Adjustment September 8, 2016 manner at all times, 5) No unlicensed, inoperable or junk vehicles, equipment, items of any sort, and 6) Any future signs shall be approved and permitted prior to installation. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . Following further discussion Grebner moved to approve agenda item #2 but motion died due to lack of a second. Following further discussion VanDeRostyne moved and Weigel seconded to approve agenda item #2 with the following stipulations: 1) Sign may not be larger than 8 square feet and must be permitted prior to installation, 2) Sign permit must be obtained to repair existing off-premise sign and all repairs must be made by Code Enforcement Officer’s deadline or billboard shall be abated. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION AND APPEAL APPROVED . 8) Jorge Cancel requested permission, as per site plan submitted to construct a 11.5’x12.5’ and 9’1”x4’3” addition to a mobile home 5’4” from the next adjacent structure rather than the permitted 20’, which would be a 14’8” Building Variance, all on BOLS #604, Lot 2, Block 1, Park Village Addition, a.k.a. 1623 Tenth Avenue SW #604. Ken Hubbart stated that the petitioner did not pay for the publication of this item, therefore no action can be taken. 6) Ellsbee Properties, LLC requested permission, as per site plan submitted, to 1) plat four lots with 47.5’ of frontage rather than the required 50’, which would be four 2.5’ Minimum Lot Frontage Variances and 2) to construct a four-plex with common walls 0’ from the shared lot lines on lots 13-16 rather than the required 5’, which would be six 5’ Setback Variances, all on Lot 9, HHS Properties Subdivision to Aberdeen, a.k.a. 1705 Twentieth Avenue SE. Eric Brenner and Troy Holtey were present to represent the property. Ken Hubbart stated that due to changes made to the plat following publication of this item, this item can’t be acted on today. Following discussion VanDeRostyne moved and Weigel seconded to deny holding a special meeting. Upon roll call, VanDeRostyne-aye, Weigel-nay, Babcock-abstain, Winter-aye, Grebner-nay (2-aye, 2-nay, 1-abstain), the motion failed. Following further discussion Grebner moved to approve holding a special meeting but item died due to lack of a second. Following further discussion Grebner moved and VanDeRostyne seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary September 8, 2016 {00024394.DOC / 1} 3