Board of Zoning Adjustment

Board of Zoning Adjustment October 13, 2016 BOARD OF ZONING ADJUSTMENT October 13 , 2016 The Board of Zoning Adjustment Meeting was held on Thursday, October 13, 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, Winter, Musel, Grebner & Babcock. Kezar & Weigel absent. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Barry Nilson, Building Inspector, David Dosch, Code Enforcement Officer, John Pantzlaff, GIS/Planning Technician, Chad Nilson, Building Inspector, and Paula Nelson, Board of Zoning Adjustment Secretary. VanDeRostyne moved and Grebner seconded to approve the Board of Zoning Adjustment minutes of September 8, 2016, all members voting aye, the motion carried. 1) Amanda & Richard Weaver 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-2) Medium Density Residential Zoning District, all on Lot 11, Block 22, Ganje Addition to Melros Estates, a.k.a. 1701 Fourteenth Avenue SE. Amanda Weaver was present to represent the property. Following discussion Grebner moved and Musel 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) Mac’s Inc. requested permission, as per site plan submitted, to permit the open storage, display and sale of UTVs, which would be a Special Exception in the (C3/R4) Central Business/Special Density Residential Zoning District, all on Lot 6 & Lots 12-16, Subdivision of First Addition and Lots 12-16, Block 33, Second Addition, a.k.a. 224 Sixth Avenue SW. Item was withdrawn by the petitioner. No action taken. 3) Chow Main Properties & Harms Oil requested permission, as per site plan submitted, to 1) permit gasoline, oil and petroleum products storage, which would be a Special Exception in the (I-2) Unrestricted Industrial Zoning District, and 2) to permit the open storage of vehicles, equipment, pallets and empty drums and totes, which would be a Special Exception and 3) to plat a lot that is 105.5’ in depth rather than the required 150’, which would be a 44.5’ Minimum Lot Depth Variance and 4) to plat a lot that is 100.02’ in depth rather than the required 150’, which would be a 49.98’ Minimum Lot Depth Variance and 5) for existing structure to remain 5’ from the North property line rather than the required 25’, which would be a 20’ Setback Variance and 5) to construct 1  Board of Zoning Adjustment October 13, 2016 a 42’ wide addition on East side of existing building 5’ from the North property line rather than the required 25’, which would be a 20’ Setback Variance, all on Proposed Lot 1, Chow Main Railroad Yard Subdivision, a.k.a. 117 Railroad Avenue NW. Dan Vandover was present to represent the property. Following discussion Grebner moved and Winter seconded to approve agenda items #1 - #5 with the following stipulations: 1) Open storage shall be limited to the items requested, 2) All items shall be stored neatly, 3) All vehicles must be licensed and operable, 4) Empty containers & pallets shall be stored short-term only and picked up frequently, and 5) Property must be maintained in a neat and orderly manner at all times. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTIONS, MINIMUM LOT DEPTH VARIANCES, AND SETBACK VARIANCES APPROVED . Following further discussion Winter moved and Grebner seconded to approve agenda item #6 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. SETBACK VARIANCE APPROVED . 4) Tiffany Miller requested permission, as per site plan submitted, for 1) existing residence to remain 3.5’ from the West property line rather than the required 5’, which would be a 1.5’ Building Variance and for existing unattached garage to remain 1’ from the West property line rather than the required 5’, which would be a 4’ Building Variance and 1.5’ from the South property line rather than the required 5’, which would be a 3.5’ Building Variance in order to 2) construct a 8’x14’ front deck 3.5’ from the West property line rather than the required 5’, which would be a 1.5’ Building Variance, all on Lot 5, Block 6, Woolverton Addition, a.k.a. 814 Eighth Avenue SE. Tiffany Miller was present to represent the property. Following discussion VanDeRostyne moved and Musel 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 deny agenda item #2, all members voting nay, the motion failed. Following further discussion VanDeRostyne moved and Grebner 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 . 5) Stu Gulden and Specialty Manufacturing Co, Inc. requested permission, as per site plan submitted, to permit the open storage, display and sale of trailers, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, all on Lot 2, Gulden’s First Subdivision, a.k.a. 2203 Highway 12 W. Item was withdrawn by the petitioner. No action taken. 6) Art Hacker requested permission, as per site plan submitted, to 1) construct a 5’x6’ deck 2.8’ from the South property line rather than the required 5’, which would be a 2.2’ Building Variance, and 2) for existing lot to remain 47.5’ in width rather than the required 50’, which would be a 2.5’ Minimum Lot Width Variance, all on The 47.5’ next North of the South 47.5’ of Lots 7-12, Block 35, West Aberdeen Addition, a.k.a. 205 Twelfth Street S. Art Hacker was present to represent the property. Following discussion Musel moved and Grebner seconded to approve with the following stipulations: 1) Plans must 2  Board of Zoning Adjustment October 13, 2016 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 AND MINIMUM LOT WIDTH VARIANCE APPROVED . 7) Ellsbee Properties, LLC. requested permission, as per site plan submitted, to 1) plat two lots with 47.5’ of frontage rather than the required 50’, which would be two 2.5’ Minimum Lot Width Variances and 2) to plat two lots with 42.5’ of frontage rather than the required 50’, which would be two 7.5’ Minimum Lot Width Variances and 3) to construct 4 town homes 0’ from the shared lot lines rather than the required 5’, which would be six 5’ Building Variances, all on Lot 9, HHS Properties Subdivision, a.k.a. 1705 Twentieth Avenue SE. Eric Brenner & Troy Holtey were 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 with Babcock abstaining, the motion carried. MINIMUM LOT WIDTH VARIANCES AND BUILDING VARIANCES APPROVED . 8) Northwestern Energy requested permission, as per site plan submitted, to 1) plat a lot in an (R-2) Medium Density Residential Zoning District with 40’ of frontage rather than the required 60’, which would be a 20’ Minimum Lot Size Variance and 2) to install a natural gas regulator station, which would be a Special Exception in the (R-2) Zoning District, all on The SW¼NW¼ Sect. 20-T123N-R63W, Except Willowwood Addition & Except Highway, a.k.a. 901 Roosevelt Street S. Ron Gogolin and Monte White were present to represent the property. Following discussion VanDeRostyne moved and Musel seconded to approve agenda item #1, all members voting aye, the motion carried. MINIMUM LOT SIZE VARIANCE APPROVED . Following further discussion VanDeRostyne moved and Babcock seconded to approve agenda item #2 with the following stipulations: 1) A plat must be submitted and approved for this lot, as well as the remainder of this property, 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. SPECIAL EXCEPTION APPROVED . 9) Dayna Magee requests permission, as per site plan submitted, to permit the installation of a 24sf wall sign rather than the permitted 8sf, which would be a 16sf Sign Variance, all on Lot 3, Andersen-Freeman Addition, SW¼ Sect. 23-T123N-R64W, a.k.a. 1503 Highway 281 S. Dayna Magee was present to represent the property. Following discussion Grebner moved and Musel seconded to approve with the stipulation that a sign permit must be obtained with penalty applied for installing without a permit in place. Upon roll call, Grebner-aye, VanDeRostyne-nay, Babcock-aye, Winter-nay, Musel-aye (3-aye, 2-nay), the motion failed. SIGN VARIANCE DENIED . 10) Bob McLaughlin requested permission, as per site plan submitted, to 1) plat a lot that with 39.12’ of frontage rather than the required 60’, which would be a 20.88’ Minimum Lot Width Variance and 2) to plat a lot with 35.12’ of frontage rather than the required 3  Board of Zoning Adjustment October 13, 2016 60’, which would be a 24.88’ Minimum Lot Width Variance and 3) permission to construct twin homes 0’ from the shared lot lines of lots 1&2 rather than the required 8’, which would be two 8’ Building Variances, all on Lots 1&2, Eleventh Addition to Ashwood Heights Subdivision , a.k.a. 2819 & 2903 Oakwood Lane. Lonnie Anderson was present to represent the property. Following discussion VanDeRostyne moved and Grebner seconded to approve with the following stipulations: 1) Plat must be approved and filed with Register of Deeds Office, 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 setback must be verified, and 4) All required inspections must be completed. Upon roll call, all members voting aye, the motion carried. MINIMUM LOT WIDTH VARIANCES, AND BUILDING VARIANCES APPROVED . 11) Marilyn F. Burckhard requested permission, as per site plan submitted, to 1) plat a lot that is 72.5’ in depth rather than the required 100’, which would be a 27.5’ Minimum Lot Depth Variance and 2) for existing residence to remain 14’ from the South property line rather than the required 25’, which would be a 11’ Building Variance and for existing garage to remain 3’ from the East property line rather than the required 5’, which would be a 2’ Building Variance and 20’ from the South property line rather than the required 25’, which would be a 5’ Building Variance, all on The West 71’ of the South 22.5’ of Lot 10 and the West½ of Lots 11&12, Block 25, Hagerty & Lloyd Addition, a.k.a. 515 Fourth Avenue NE. Craig Mickelson was present to represent the property. Following discussion Grebner moved and VanDeRostyne seconded to approve with the stipulation that if the structure(s) are ever destroyed, new construction must comply with current codes. Upon roll call, all members voting aye, the motion carried. MINIMUM LOT DEPTH VARIANCE AND BUILDING VARIANCES APPROVED . 12) Avera St Luke’s requested permission, as per site plan submitted, to 1) permit the installation of two private traffic signs which are 18.6sf rather than the permitted 12sf, which would be two 6.6sf Sign Variances and 2) to permit the installation of a 24’x9’ Off- premise sign with electronic message center, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 2, Avera St. Luke’s Addition, a.k.a. 710 Fifth Avenue SE. Jim Dobbs was present to represent the property. Following discussion Winter moved and Musel seconded to deny agenda item #1. Upon roll call, Grebner-nay, VanDeRostyne-aye, Babcock-abstain, Musel-nay, Winter-aye (2-aye, 2-nay, 1-abstain), the motion failed. Following further discussion Grebner moved and Musel seconded to approve agenda item #1. Upon roll call, Grebner-aye, VanDeRostyne-nay, Babcock- abstain, Musel-aye, Winter-aye (3-aye, 1-nay, 1-abstain), the motion failed. SIGN VARIANCES DENIED . Following further discussion Grebner moved and Musel seconded to approve agenda item #2 with the following stipulations: 1) Sign must adhere to all off-premise sign regulations, 2) The Electronic Message Center shall adhere to all applicable regulations, 3) The EMC shall only advertise events and services available at Avera St. Luke’s; no off-premise advertising, 4) Permits must be obtained prior to installation, and 5) Sign height is limited to the 18’7” as indicated on site plan. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 13) Jeff Severson requested permission, as per site plan submitted, for 1) existing residence to remain 40’ from the North property line rather than the required 100’, which would be a 60’ Setback Variance, and for existing shed to remain 70’ from the North property line 4  Board of Zoning Adjustment October 13, 2016 rather than the required 100’, which would be a 30’ Building Variance in order to 2) construct a 20’x20’ addition to residence 40’ from the North property line rather than the required 100’, which would be a 60’ Building Variance, all on Johnson’s Outlot 1, NE¼ Sect. 34-T123N-R64W, a.k.a. 1941 135th Street SW. Kimberly Severson was present to represent the property. Following discussion VanDeRostyne moved and Grebner seconded to approve agenda item #1, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . Following further discussion Grebner moved and VanDeRostyne 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 . 14) Hettich, LLC and Kirk Aughenbaugh requested permission, as per site plan submitted, to permit the operation of a temporary borrow pit in an (R-2) Medium Density Residential Zoning District, which would be an Appeal to the Board of Zoning Adjustment, all on The SW¼NE¼&W½SE¼NE¼ & the East 990’ of the South 660’ of the NW¼NE¼ Sect. 22- T123N-R64W, Except Land Platted, a.k.a. 2517 Highway 12 W. There being no representative present this item was moved to the end of the agenda. 15) Stuart Gulden and Kirk Aughenbaugh requested permission, as per site plan submitted, to permit the open storage, display and sale of smooth wall bins, fuel trailers, sand tenders, small empty fuel tanks, and small seed conveyors, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, all on Lots 1&2, Gulden First Subdivision, NE¼ Sect. 22-T123N-R64W, a.k.a. 2203 Highway 12 W. There being no representative present this item was moved to the end of the agenda. 16) Al Nordstrom requested permission, as per site plan submitted, to 1) plat a lot with 183.12’ of frontage rather than the permitted 200’, which would be a 16.88’ Minimum Lot Width Variance and 2) to plat a lot with 161.62’ of frontage rather than the permitted 200’, which would be a 38.38’ Minimum Lot Width Variance and 3) to plat a lot line 11’ from an accessory structure rather than the required 15’, which would be a 4’ Building Variance and 4) to plat a lot with an accessory structure without the required primary structure, which would be an Appeal to the Board of Zoning Adjustment, all on Lot B, Kotzea Addition, SE¼ Sect. 28-T124N-R64W, a.k.a. 12891 385th Avenue. There being no representative present this item was moved to the end of the agenda. 17) Midstates Printing and the Aberdeen Development Corporation requested permission, as per site plan submitted, to permit the installation of a 54.5sf freestanding sign in addition to two existing freestanding signs, which would be a third freestanding sign variance, all on Midstates Printing 2011-1 Subdivision of Aberdeen Industrial Park East Addition, a.k.a. 4820 Capital Avenue NE. Justin Tollefson was present to represent the property. Following discussion VanDeRostyne moved and Grebner seconded to deny. Upon roll call, Grebner-aye, VanDeRostyne-nay, Babcock-nay, Musel-nay, Winter-aye (1-aye,4-nay), the motion failed. Following further discussion Musel moved and Babcock seconded to approve with the stipulation that a sign permit must be obtained prior to construction. Upon roll call, all members voting aye, the motion carried. FREESTANDING SIGN VARIANCE APPROVED . 5  Board of Zoning Adjustment October 13, 2016 18) Edwin Weiler requested permission, as per site plan submitted, to construct an accessory structure without the required primary structure, which would be an Appeal to the Board of Zoning Adjustment in the (M-Ag) Mini-Agricultural Zoning District, all on Proposed Lot 2, Weiler Subdivision, NE¼ Sect. 32-T124N-R64W, a.k.a. 186’ West of 384th Avenue on the South side of 129th Street. Matt Biegler was present to represent the property. Following discussion Winter moved and Grebner seconded to deny. Upon roll call, Grebner-nay, VanDeRostyne-aye, Babcock-nay, Musel-nay, Winter-aye, (2- aye, 3-nay), the motion failed. Following further discussion Grebner moved and Musel seconded to approve with the following stipulations: 1) Plans must be submitted and a permit obtained prior to construction, 2) Owner must have an approved approach off of Richmond Road, and 3) Plat must be filed with Register of Deeds Office. Upon roll call, Grebner-aye, VanDeRostyne-nay, Babcock-aye, Musel-aye, Winter-nay (3-aye, 2-nay), the motion failed. APPEAL DENIED . 14) Hettich, LLC and Kirk Aughenbaugh requested permission, as per site plan submitted, to permit the operation of a temporary borrow pit in an (R-2) Medium Density Residential Zoning District, which would be an Appeal to the Board of Zoning Adjustment, all on The SW¼NE¼&W½SE¼NE¼ & the East 990’ of the South 660’ of the NW¼NE¼ Sect. 22- T123N-R64W, Except Land Platted, a.k.a. 2517 Highway 12 W. Clarence Fjeldheim was present to represent the property. Adjacent property owners Dr. Greg Adolf & Dr. Darcee Munsterteiger were also present. Following discussion VanDeRostyne moved and Babcock seconded to approve with the following stipulations: 1) Must comply with any and all local, state, and federal requirements, including Corps of Engineers, 2) This special exception will expire November 1, 2017 or within 6 months once excavation actually begins, whichever date comes first, 3) Extracted material may not be sold or used for any other purpose, 4) Any and all complaints must be corrected upon notification, and 5) Property must be maintained in a neat and orderly manner at all times. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 15) Stuart Gulden and Kirk Aughenbaugh requested permission, as per site plan submitted, to permit the open storage, display and sale of smooth wall bins, fuel trailers, sand tenders, small empty fuel tanks, and small seed conveyors, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, all on Lots 1&2, Gulden First Subdivision, NE¼ Sect. 22-T123N-R64W, a.k.a. 2203 Highway 12 W. Clarence Fjeldheim was present to represent the property. Adjacent property owners Dr. Greg Adolf & Dr. Darcee Munsterteiger were also present. Following discussion Musel moved and Babcock seconded to approve with the following stipulations: 1) Open storage is limited to the items listed in this request with no more than 20 items stored at one time, 2) All sales must take place at this location, 3) Property must be maintained in a neat and orderly manner at all times, 4) All Fire Marshal stipulations must be complied with, and 5) Special Exception will expire November 1, 2018. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 16) Al Nordstrom requested permission, as per site plan submitted, to 1) plat a lot with 183.12’ of frontage rather than the permitted 200’, which would be a 16.88’ Minimum Lot Width Variance and 2) to plat a lot with 161.62’ of frontage rather than the permitted 200’, which would be a 38.38’ Minimum Lot Width Variance and 3) to plat a lot line 11’ from an accessory structure rather than the required 15’, which would be a 4’ Building 6  Board of Zoning Adjustment October 13, 2016 Variance and 4) to plat a lot with an accessory structure without the required primary structure, which would be an Appeal to the Board of Zoning Adjustment, all on Lot B, Kotzea Addition, SE¼ Sect. 28-T124N-R64W, a.k.a. 12891 385th Avenue. Al Nordstrom was present to represent the property. Following discussion VanDeRostyne moved and Grebner seconded to deny agenda item #4. Upon roll call, Grebner-nay, VanDeRostyne-aye, Babcock-aye, Musel-nay, Winter-aye (3-aye, 2-nay), the motion failed. Following further discussion VanDeRostyne moved and Grebner seconded to deny agenda items #1 & #2, all members voting nay, the motion failed. Following further discussion VanDeRostyne moved and Musel seconded to approve agenda items #1, #2, & #4 with the following stipulations: 1) Plat must be approved and filed with the Brown County Register of Deeds Office, 2) Permit must be obtained prior to construction, and 3) Primary structure must be completed by July 1, 2018. Upon roll call, all members voting aye, the motion carried. MINIMUM LOT WIDTH VARIANCES AND APPEAL APPROVED. Following further discussion Grebner moved and Musel seconded to approve agenda item #3 with the stipulation that a building permit will never be issued to repair and/or replace this structure in current location. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . There being no old business, Chairman Babcock began with new business as follows: Following further discussion Grebner moved and Musel seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary October 13, 2016 7