Board of Zoning Adjustment

Board of Zoning Adjustment April 13, 2017 BOARD OF ZONING ADJUSTMENT April 13 , 2017 The Board of Zoning Adjustment Meeting was held on Thursday, April 13, 2017 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 Babcock, Grebner, Schumacher, VanDeRostyne, and Weigel. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Eric Miller, City Planner, David Dosch, Code Enforcement Officer, John Pantzlaff, GIS/Planning Technician, Chad Nilson, Building Inspector, Barry Dunlavy, Building Inspector, and Stuart Nelson, Assistant City Engineer, and Paula Nelson, Board of Zoning Adjustment Secretary. VanDeRostyne moved and Grebner seconded to approve the Board of Zoning Adjustment minutes of March 9, 2017, all members voting aye, the motion carried. 1) Toni & Mark Knight request permission, as per site plan submitted, to 1) construct an addition to attached garage 23’ from the South property line rather than the required 25’, which would be 2’ Building Variance and 2) 5’ from the East property line rather than the required 8’, which would be a 3’ Building Variance, all on Lot 3, Block 7, Mehlhoff’s First Addition to North Plains Subdivision, a.k.a. 1215 Eighteenth Avenue NE. Mark Knight and Corbin Veal of Doc Veal Construction were present to represent the property. Following discussion Schumacher moved and Grebner seconded to deny, all members voting nay, the motion failed. Following further 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) A letter of support from Reid & Jean Holkesvik (neighboring property owners) must be submitted to City Planning & Zoning Office prior to issuance of building permit. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . 2) Jim Kraft requests permission, as per site plan submitted, for 1) existing residence to remain 6’ from the North property line rather than the required 15’, which would be a 9’ Building Variance and 2) 4’ from the South property line rather than the required 5’, which would be a 1’ Building Variance and 3) for existing unattached garage to remain 4’ from the South property line rather than the required 5’, which would be a 1’ Building Variance all in order to construct a residential addition that will comply with all setback requirements, all on Lot 1, Block 7, First Addition to Highlands, a.k.a. 1323 Penn Street N. Jim Kraft & Craig Zenker of K & C Construction were 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, and 3) All required inspections must be completed. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . 3) Darrel & Mary Schulz requested permission, as per site plan submitted, for 1) existing 340sf unattached garage to remain 1’ from the West property line rather than the required 5’, which would be a 4’ Building Variance and 2) to construct a 26’x30’ unattached garage for a total of 1120sf of accessory structures rather than the permitted 892sf, which would be a 228sf Accessory Structure Lot Coverage Variance, all on Lot 9, Block 21, Howard & Hedger Replat of Northwest Addition, a.k.a. 911 Fifth Avenue NE. Darrel Schulz was present to represent the property. Following discussion VanDeRostyne moved and Grebner seconded {00027482.DOC / 1} 1  Board of Zoning Adjustment April 13, 2017 to approve agenda item #1, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . Following 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, 3) All required inspections must be completed, 4) If it is determined that a new foundation is required, garage shall comply with accessory structure lot coverage requirements, and 5) If the smaller garage is ever demolished, it may not be replaced in excess of accessory structure lot coverage requirements. Upon roll call, all members voting aye, the motion carried. ACCESSORY STRUCTURE LOT COVERAGE VARIANCE APPROVED . 4) Aberdeen Firehouse Lodge and Samantha Snyder requested permission, as per site plan submitted, to permit the operation of a dog wash business in a (R-3) High Density Residential District or a (C1/R4) Neighborhood Commercial/Special Density Residential Zoning District, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 1, North Main Fire Station No. 2 Subdivision, a.k.a. 604 Main Street N. Samantha Snyder and Attorney Chad Locken were present to represent the property. Craig Mickelson, neighboring property owner, spoke in favor of this request. Following discussion VanDeRostyne moved and Grebner seconded to deny, all members voting nay, the motion failed. Following further discussion Schumacher moved and Grebner seconded to approve with the following stipulations: 1) Must comply with any Animal Control Department requirements, 2) Permits must be obtained prior to construction or installation of signs, 3) All required inspections must be completed, and 4) The petition to rezone and change of use requests must be successfully approved by Planning Commission. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 5) Mitchell Aman requested permission, as per site plan submitted, for 1) existing residence to remain 5’ from the North property line rather than the required 25’, which would be a 20’ Building Variance and 2) for existing front deck to remain 1.65’ from the North property line rather than the required 15’, which would be a 13.35’ Building Variance and 3) to lift existing unattached garage and replace foundation 1.9’ from the West property line rather than the required 5’, which would be a 3.1’ Building Variance, all on Lot 3, Swain’s Second Replat of Lots 3-8, Block 8, Hagerty & Lloyd’s Addition, a.k.a. 214 Seventh Avenue NE. Mitchell Aman was present to represent the property. Following discussion Grebner moved and Schumacher seconded to approve agenda items #1 & #2, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . Following further discussion VanDeRostyne moved and Babcock seconded to approve agenda item #3 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 . Brett Bill introduced Eric Miller as the newest City Planner. Following further discussion VanDeRostyne moved and Grebner seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary April 13, 2017 {00027482.DOC / 1} 2