Board of Zoning Adjustment

Board of Zoning Adjustment December 8, 2016 BOARD OF ZONING ADJUSTMENT December 8 , 2016 The Board of Zoning Adjustment Meeting was held on Thursday, December 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 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. Weigel moved and VanDeRostyne seconded to approve the Board of Zoning Adjustment minutes of November 10, 2016, all members voting aye, the motion carried. 1) Shelby Goehring 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 2, Block 2, HAPI Eighth Subdivision, a.k.a. 1113 Sixteenth Avenue SW. Shelby Goehring was present to represent the property. Following discussion Grebner 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. Fence must be installed by June 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, 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) John & Susan Dalager requested permission, as per site plan submitted, to permit the operation of a Montessori School, which would be a Special Exception in the (M-Ag) Mini-Agricultural Zoning District, all on Lot 1, Hinds-Dalager Addition in the SE¼ Sect. 36-T124N-R64W, a.k.a. 12953 388th Avenue. Susan Dalager was present to represent the property. Following discussion Weigel moved and Grebner seconded to approve with the following stipulations: 1) Property must be replatted prior to permitting, 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 at time of inspection, 5) If applicable, owner must obtain daycare license prior to operation (12 or fewer kids), 6) This special exception is for Susan Dalager, as long as she is the owner/operator of proposed use, 7) Yard/play area must be maintained as a fenced in area prior to operation, 8) If applicable, building & fire inspection must be completed, and any required changes must be made, 9) The fence at current location must be relocated onto private property or removed immediately, and 10) Must comply with any State or Federal requirements if applicable. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . {00025615.DOC / 1} 1  Board of Zoning Adjustment December 8, 2016 3) Susan Maisch requested permission, as per site plan submitted, for 1) existing residence to remain 18’ from the West property line rather than the required 25’, which would be a 7’ Building Variance in order to 2) construct a 5’x8’ deck and stairs 13’ from the West property line rather than the required 15’, which would be a 2’ Building Variance, all on Lots 17-18, Block 31, Hagerty & Lloyd Addition, a.k.a. 312 State Street N. Susan Maisch was present to represent the property. Following discussion Grebner moved and VanDeRostyne seconded to approve both items with the following stipulations: 1) Property pins must be located for inspection and setbacks must be verified, and 2) All required inspections must be completed. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE S APPROVED . 4) Chris Stucke requested permission, as per site plan submitted, to permit the open storage of trailer(s), dumpsters, a roll-off dumpster, trucks, and occasional parts and materials, which would be a Special Exception in the (I-2) Unrestricted Industrial Zoning District, all on Lots 7-13, Block 65, Hagerty & Lloyd Addition, a.k.a. 317 First Avenue SE. Chris Stucke was present to represent the property. Following discussion Weigel moved and VanDeRostyne seconded to approve with the following stipulations: 1) This property must be maintained in a neat and orderly manner at all times, 2) All parts, materials and miscellaneous items must be stored inside at all times, 3) All trailers, dumpsters, call-off dumpsters, etc. must be screened from view with an approved/permitted fence or enclosure; fence to be installed by June 15, 2017, 4) All vehicles must be licensed, operable and in good repair, 5) No parking or storage in 35’ corner visibility triangle, and 6) Any complaints must be addressed immediately upon receipt. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 5) Freedom Worship Center and Stoneybrook, Inc. requested permission, as per site plan submitted, to permit the construction of a parking lot in the front setback, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 2, Prairie’s Edge Fourth Addition, a.k.a. 2430 Twenty-Fourth Avenue NE. Lanny Auringer, Architect/President of Innovative Designs and Management Services was present to represent the property. Following discussion Weigel moved and Grebner 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) City Forester must review and approve parking/landscape plan. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 6) Mike Perrizo requested permission, as per site plan submitted, for existing residence to remain 4’ from the North property line rather than the required 5’, which would be a 1’ Building Variance all on Lot 9, Block 8, Kyburz Replat of Howard & Hedger Replat of Northwestern Addition, a.k.a. 612 Dakota Street N. Mike Perrizo was present to represent the property. Following discussion Grebner moved and Weigel seconded to approve, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 7) Christopher & Desiree Mehlhoff requested permission, as per site plan submitted, for existing residence to remain 28’ from the North property line rather than the required {00025615.DOC / 1} 2  Board of Zoning Adjustment December 8, 2016 35’, which would be a 7’ Building Variance, all on Lot 18, Block 10, Eleventh Addition to Highland North Addition, a.k.a. 522 Eighteenth Avenue NE. Christopher Mehlhoff was present to represent the property. Following discussion Weigel moved and Grebner seconded to approve, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 8) Suka Oyate, LLC. requested permission, as per site plan submitted, to Appeal an official order to remove a sign which advertises a business or activity that has been terminated for more than 30 days, which would be an Appeal to the Board of Zoning Adjustment, on Lot 11, Block 5, Original Plat, a.k.a. 315 Main Street S. Brent Brandt of the Aberdeen Downtown Association was present to represent the property. After discussion with the Board, Mr. Brandt withdrew this item. No action taken. 9) Tom Hinz requested permission, as per site plan submitted, to plat a lot that is 90’ deep rather than the permitted 100’, which would be a 10’ Minimum Lot Width Variance, all on Lot 918-920, Morning Heights Extended Addition, a.k.a. 1315 11th Avenue SE. Tom Hinz was present to represent the property. Following discussion Grebner moved and Weigel seconded to approve with the stipulation that the plat must be approved and filed with Brown County Register of Deeds Office. Upon roll call, all members voting aye, the motion carried. MINIMUM LOT WIDTH VARIANCE APPROVED . 10) Peter Burckhard requested permission, as per site plan submitted, to 1) Appeal a Notice and Order to Demolish an Accessory Structure on a property, which would be an Appeal to the Board of Zoning Adjustment and 2) to permit a 10.5’x18’ accessory structure to remain 1’3” from the North property line rather than the required 5’, which would be a 3’9” Building Variance and 1’1” from the West property line rather than the required 5’, which would be a 3’11” Building Variance, all on Lot 2, Block 4, Sullivan & Easton Addition, a.k.a. 819 Washington Street N. Jeremy Burckhard was present to represent the property. Virginia “Ginger” Westra and Ryann Lyke were also present and spoke in favor of the approval. Following discussion Grebner moved and VanDeRostyne seconded to deny agenda #1. Upon roll call, Weigel-aye, VanDeRostyne-aye, Winter- aye, Babcock-nay, Grebner-nay (3-aye, 2-nay), the motion carried. APPEAL DENIED . No action taken on agenda item #2. Following further discussion VanDeRostyne moved and Grebner seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary December 8, 2016 {00025615.DOC / 1} 3