Board of Zoning Adjustment

Board of Zoning Adjustment November 10, 2016 BOARD OF ZONING ADJUSTMENT November 10 , 2016 The Board of Zoning Adjustment Meeting was held on Thursday, November 10, 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 Weigel, VanDeRostyne, Babcock, Grebner, and Winter. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Barry Nilson, Building Inspector, David Dosch, Code Enforcement Officer, Shane Smith, Code Enforcement Officer, Stuart Nelson, Assistant City Engineer, 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 October 13, 2016, all members voting aye, the motion carried. 1) John & Heather Scheidt requested permission, as per site plan submitted, to 1) construct a pool and deck 3’ from the East property line rather than the required 20’, which would be a 17’ Building Variance and 2) to construct a pool and deck 7’ from the East property line rather than the required 20’, which would be a 13’ Building Variance, all on Lot 10, Block 1, Mehlhoff’s Twelfth Addition to North Plains Subdivision, a.k.a. 1614 Werth Court. John Scheidt was present to represent the property. Following discussion Grebner moved and Winter seconded to deny, all members voting aye, the motion carried. BUILDING VARIANCES DENIED . 2) GPHC, LLC and Mark Rich requested permission, as per site plan submitted, to permit the open storage, display and sale of vehicles, which would be a Special Exception in the (C-3) Central Business District, all on Lot 1, GPHC Corner Subdivision, a.k.a. 101 Main Street N. Mark Rich was present to represent the property. Following discussion Grebner moved and Weigel seconded to deny. Upon roll call, Weigel-nay, VanDeRostyne-aye, Babcock-nay, Grebner-nay, Winter-nay (1-aye, 4-nay), the motion failed. Following further discussion Weigel moved and Grebner seconded to approve with the following stipulations: 1) Property must be maintained in a neat and orderly manner at all times, 2) All vehicles must be licensed and operable as per State Law definition, 3) No storage in 35’ corner visibility triangles, 4) All vehicles must be available for sale, no off-premise storage, and 5) Maximum of 12 vehicles on display on this entire property at one time. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 3) Sid Gonsor requested permission, as per site plan submitted, to 1) plat a lot with 40’ of frontage rather than the required 60’, which would be a 20’ Minimum Lot Width Variance, and 2) for existing residence to remain 4.25’ from the South property line rather than the required 5’, which would be a .75’ Setback Variance, all on the South 40’ of Lot 20, Block 1, Normal Addition, a.k.a. 1507 Grant Street S. Sid Gonsor was present to represent the property. Following discussion Grebner moved and Winter seconded to approve with the stipulation that a plat of this property is submitted for approval and filed with the Register of Deeds Office. Upon roll call, all members voting aye, the motion carried. MINIMUM LOT WIDTH VARIANCE AND SETBACK VARIANCE APPROVED . {00025190.DOC / 1} 1  Board of Zoning Adjustment November 10, 2016 4) Stiles & Byron, LLC requested permission, as per site plan submitted, to 1) plat a lot that is 70.35’ wide rather than the required 75’, which would be a 4.65’ Minimum Lot Width Variance and 2) to plat a lot that is 49.4’ in depth rather than the required 142’, which would be a 92.6’ Minimum Lot Depth Variance and 3) to plat a lot that is 3,484.8sf rather than the required 10,650sf, which would be a 7,165.2sf Minimum Lot Area Variance, all on Proposed Lot 1, S&B Parking Lot Addition, a.k.a. 613 State Street S. Elizabeth Stoks of Lamont Companies was present to represent the property. Following discussion Weigel moved and Grebner seconded to approve with the stipulation that this plat is approved and filed with the Register of Deeds Office. Upon roll call, all members voting aye, the motion carried. MINIMUM LOT WIDTH VARIANCE, MINIMUM LOT DEPTH VARIANCE, AND MINIMUM LOT AREA VARIANCE APPROVED . 5) Steve Smith requested permission, as per site plan submitted, for existing residence to remain 17’ from the West property line rather than the required 25’, which would be an 8’ Setback Variance, all on The West 5’ of Lot 3 & Lot 4, Block 18, Highland Park Addition, a.k.a. 1415 Eighth Avenue SW. Steve Smith was present to represent the property. Following discussion Grebner moved and Weigel seconded to approve with the following stipulations: 1) All permitted construction must be inspected and approved by the Building Inspection Department, and 2) Property lines must be located to verify setbacks at time of inspection. Upon roll call, all member voting aye, the motion carried. SETBACK VARIANCE APPROVED . 6) Sherry Schumacher requested permission, as per site plan submitted, to 1) place a 10’x16’ shed 4.25’ from the East property line rather than the required 5’, which would be a .75’ Building Variance and 2) to place shed 3.5’ from the South property line rather than the required 5’, which would be a 1.5’ Building Variance, all on Lot 14, Block 3, Lampert’s First Addition, a.k.a. 1238 Casper Avenue. Sherry Schumacher was present to represent the property. Following discussion Grebner moved and Babcock seconded to deny. Upon roll call, Weigel-nay, VanDeRostyne-nay, Babcock-nay, Grebner-nay, Winter-aye (1-aye, 4-nay), the motion failed. Following further discussion, Weigel moved and Babcock seconded to approve with the following stipulations: 1) Building Permit must be obtained, with penalty assessed, because contractor/owner did not obtain Zoning Permit or Moving Permit prior to moving shed on site, 2) Property pins must be located for inspection and setbacks must be verified, and 3) All required inspections must be completed. Upon roll call, Weigel-aye, VanDeRostyne-aye, Babcock-aye, Grebner-aye, Winter-nay (4-aye,1-nay), the motion carried. BUILDING VARIANCES APPROVED . 7) Alex Jones requested permission, as per site plan submitted, to place a mobile home on a lot in the (M-Ag) Mini-Agriculture Zoning District, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 1, Jones Family Subdivision, NW¼ Sect. 27- T124N-R64W, a.k.a. 12800 385th Avenue. Alex Jones was present to represent the property. Following discussion VanDeRostyne moved and Babcock seconded to approve with the stipulation that the home is placed on a permanent foundation, with running gear removed, and skirted in a manner to protect water and sewer services from the elements. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . {00025190.DOC / 1} 2  Board of Zoning Adjustment November 10, 2016 8) Lon M. Lyke requested permission, as per site plan submitted, to Appeal a Notice and Order to Demolish Any and All Structures on a property, which would be an Appeal to the Board of Zoning Adjustment, all on The West½ of Lot 5 & Lot 6, Block 75, Hagerty & Lloyd Addition, a.k.a. 412 First Avenue SE. Lon Lyke & Justin Lyke were present to represent the property. Following discussion VanDeRostyne moved and Winter seconded to deny, all members voting aye, the motion carried. APPEAL DENIED . 9) SDN Communications requested permission, as per site plan submitted, to permit the installation of a 35’ tall cellular tower in Public ROW, which would be an Appeal to the Board of Zoning Adjustment, located in Public ROW adjacent to 1400 Dakota Street N. Vernon Brown of SDN Communications and Pat Schumacher of Northern Valley Communications were present to represent the property. Following discussion Weigel moved and Babcock 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) The tower must be approved and permitted prior to installation, 2) The tower may not exceed the maximum structure height of the applicable zoning district, and 3) The owner shall be responsible for the proper maintenance of the facility at all times. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 10) SDN Communications requested permission, as per site plan submitted, to permit the installation of a 35’ tall cellular tower in Public ROW, which would be an Appeal to the Board of Zoning Adjustment, located in Public ROW adjacent to 819 Eighth Avenue NE. Vernon Brown of SDN Communications and Pat Schumacher of Northern Valley Communications were present to represent the property. Dr. Becky Guffin, Superintendent, and Bob Pitz, Operations Manager of the Aberdeen School District were present in opposition. Following discussion VanDeRostyne moved and Babcock seconded to deny, all members voting aye, the motion carried. APPEAL DENIED . 11) SDN Communications requested permission, as per site plan submitted, to permit the installation of a 35’ tall cellular tower in Public ROW, which would be an Appeal to the Board of Zoning Adjustment, located in Public ROW adjacent to 901 Third Avenue NE. Vernon Brown of SDN Communications and Pat Schumacher of Northern Valley Communications were present to represent the property. Following further discussion VanDeRostyne moved and Weigel seconded to approve with the following stipulations: 1) The tower must be approved and permitted prior to installation, 2) The tower may not exceed the maximum structure height of the applicable zoning district, and 3) The owner shall be responsible for the proper maintenance of the facility at all times. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 12) SDN Communications requested permission, as per site plan submitted, to permit the installation of a 35’ tall cellular tower in Public ROW, which would be an Appeal to the Board of Zoning Adjustment, located in Public ROW adjacent to 1404 Jay Street N. Vernon Brown of SDN Communications and Pat Schumacher of Northern Valley Communications were present to represent the property. Following further discussion Grebner moved and Winter seconded to approve with the following stipulations: 1) The tower must be approved and permitted prior to installation, 2) The tower may not exceed the maximum structure height of the applicable zoning district, and 3) The owner shall {00025190.DOC / 1} 3  Board of Zoning Adjustment November 10, 2016 be responsible for the proper maintenance of the facility at all times. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 13) SDN Communications requested permission, as per site plan submitted, to permit the installation of a 35’ tall cellular tower in Public ROW, which would be an Appeal to the Board of Zoning Adjustment, located in Public ROW adjacent to 824 Jay Street N. Vernon Brown of SDN Communications and Pat Schumacher of Northern Valley Communications were present to represent the property. Following further discussion VanDeRostyne moved and Grebner seconded to approve with the following stipulations: 1) The tower must be approved and permitted prior to installation, 2) The tower may not exceed the maximum structure height of the applicable zoning district, and 3) The owner shall be responsible for the proper maintenance of the facility at all times. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 14) SDN Communications requested permission, as per site plan submitted, to permit the installation of a 35’ tall cellular tower in Public ROW, which would be an Appeal to the Board of Zoning Adjustment, located in Public ROW adjacent to 215 Arch Street N. Vernon Brown of SDN Communications and Pat Schumacher of Northern Valley Communications were present to represent the property. Following further discussion VanDeRostyne moved and Grebner seconded to approve with the following stipulations: 1) The tower must be approved and permitted prior to installation, 2) The tower may not exceed the maximum structure height of the applicable zoning district, and 3) The owner shall be responsible for the proper maintenance of the facility at all times. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 15) SDN Communications requested permission, as per site plan submitted, to permit the installation of a 35’ tall cellular tower in Public ROW, which would be an Appeal to the Board of Zoning Adjustment, located in Public ROW adjacent to 1019 Second Street N. Vernon Brown of SDN Communications and Pat Schumacher of Northern Valley Communications were present to represent the property. Following further discussion VanDeRostyne moved and Winter seconded to approve with the following stipulations: 1) The tower must be approved and permitted prior to installation, 2) The tower may not exceed the maximum structure height of the applicable zoning district, and 3) The owner shall be responsible for the proper maintenance of the facility at all times. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 16) SDN Communications requested permission, as per site plan submitted, to permit the installation of a 35’ tall cellular tower in Public ROW, which would be an Appeal to the Board of Zoning Adjustment, located in Public ROW adjacent to 702 Second Street N. Vernon Brown of SDN Communications and Pat Schumacher of Northern Valley Communications were present to represent the property. Jeff Weismantel was present in opposition. Following further discussion Grebner moved and Babcock seconded to approve with the following stipulations: 1) The tower must be approved and permitted prior to installation, 2) The tower may not exceed the maximum structure height of the applicable zoning district, 3) The owner shall be responsible for the proper maintenance of the facility at all times, and 4) The owner shall work with property owner to establish an approved location prior to installation. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . {00025190.DOC / 1} 4  Board of Zoning Adjustment November 10, 2016 17) SDN Communications requested permission, as per site plan submitted, to permit the installation of a 35’ tall cellular tower in Public ROW, which would be an Appeal to the Board of Zoning Adjustment, located in Public ROW adjacent to 215 Fifth Avenue NW. Vernon Brown of SDN Communications and Pat Schumacher of Northern Valley Communications were present to represent the property. Following further discussion Grebner moved and Winter seconded to approve with the following stipulations: 1) The tower must be approved and permitted prior to installation, 2) The tower may not exceed the maximum structure height of the applicable zoning district, and 3) The owner shall be responsible for the proper maintenance of the facility at all times. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 18) Jonathan Liebelt requested permission, as per site plan submitted, to use a 10.33’x22.33’ sign structure for off-premise advertising, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 1, Liebelt Addition, a.k.a. 823 Sixth Avenue SW. Following discussion Weigel moved and Babcock seconded to deny. Upon roll call, Weigel-aye, VanDeRostyne-aye, Babcock-aye, Grebner-nay, Winter-aye (4-aye, 1-nay) the motion carried. APPEAL DENIED . Following further discussion Grebner moved and Winter seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary November 10, 2016 {00025190.DOC / 1} 5