Board of Zoning Adjustment

Board of Zoning Adjustment May 11, 2017 BOARD OF ZONING ADJUSTMENT May 11, 2017 The Board of Zoning Adjustment Meeting was held on Thursday, May 11, 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 VanDeRostyne, Babcock, Grebner, Winter, and Weigel. Schumacher was absent. Also present were Ken Hubbart, City Planner, Eric Miller, City Planner, Chad Nilson, Building Inspector, Barry Dunlavy, Building Inspector, and Stuart Nelson, Assistant City Engineer, and Paula Nelson, Board of Zoning Adjustment Secretary. Weigel moved and Winter seconded to approve the Board of Zoning Adjustment minutes of April 13, 2017, all members voting aye, the motion carried. 1) Ashley Harr requested permission, as per site plan submitted, to operate a daycare as a home occupation, which would be a Special Exception in the (R-2) Medium Density Residential Zoning District, all on Lot A, Rolling Hills Village Ninth Addition, a.k.a. 726 Shortridge Drive. Ashley Harr was present to represent the property. Following discussion Grebner moved and VanDeRostyne 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 call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 2) Jodie May and Delbert & Pam Dutenhoffer requested permission, as per site plan submitted, to operate a daycare as a home occupation, which would be a Special Exception in the (R-1) Low Density Residential Zoning District, all on Lot 1, Elmwood Acres Second Addition, a.k.a. 9 Fifteenth Avenue NE. Jodie May was present to represent the property. Ken Hubbart stated that this is a change in operator at an existing location previously approved by this board. Following discussion VanDeRostyne moved and Grebner 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 {00027859.DOC / 1} 1  Board of Zoning Adjustment May 11, 2017 employees must be licensed with the City of Aberdeen. Upon roll call, all members voting aye, the motion carried. SPECIAL EX CEPTION APPROVED . 3) Alan & Marlys Frazier requested permission, as per site plan submitted, to operate a daycare as a home occupation, which would be a Special Exception in the (R-3) High Density Residential Zoning District, all on Lot 4, Block 3, Addison’s Addition, a.k.a. 1116 Lloyd Street S. Alan & Marlys Frazier were present to represent the property. Following discussion Weigel moved and Grebner seconded to approve with the following stipulations: 1) Any provided yard/play area must be maintained as a fenced in area. 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, the motion carried. SPECIAL EXCEPTION APPROVED . 4) Verna Kulm requested permission, as per site plan submitted, for 1) an existing mobile home to remain 18’2” from the nearest adjacent structure rather than the required 20’, which would be a 1’10” Building Variance in order to 2) construct a 4’x4’ landing and stairs 14’ from the adjacent structure rather than the required 20’, which would be a 6’ Building Variance, all on Lots 1-4, except the South 300’ of Lot 1 & except parcel 50’x108’ & except N. 80’ of Lots 1-4, Pierson’s Subdivision, a.k.a. 108 Roosevelt Street S #88. There being no representative present this item was moved to the end of the agenda. 5) Victor Deuter requested permission, as per site plan submitted, to construct a 26’x36’ accessory structure that is not aesthetically similar to the primary structure, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 1, Deuter Addition, a.k.a. 1711 First Street S. Victor Deuter was present to represent the property. Following discussion Weigel moved and Grebner seconded to deny, all members voting nay, the motion failed. Following further discussion Grebner moved and Winter seconded to approve with the stipulation that a building permit is obtained and all work completed to reside primary structure by May 11, 2020. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 6) Lamont Office Building, LLC. requested permission, as per site plan submitted, to permit the installation of a 3’x6’ full color electronic message center sign panel in an existing freestanding sign, which would be a Special Exception in the (C-3/R-4) Central Business/Special Density Residential Zoning District, all on Lot 1, Lamont Office Building Addition, a.k.a. 205 Sixth Avenue SE. This item was withdrawn by the petitioner. 7) Debra Knecht requested permission, as per site plan submitted, to construct a 5’x5’ landing and wheel chair ramp 0’ from the North property line rather than the required 5’, {00027859.DOC / 1} 2  Board of Zoning Adjustment May 11, 2017 which would be a 5’ Building Variance, all on Lot 2, Block 5, North Aberdeen Addition, a.k.a. 219 Washington Street N. Debra Knecht was present to represent the property. Following discussion VanDeRostyne 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) If ramp is ever removed, a landing and stairs may remain to serve as access to residence. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 8) Aspire, Inc. requested permission, as per site plan submitted, for existing residence to remain 15.2’ from the West property line rather than the required 20’, which would be a 4.8’ Building Variance in order to construct a deck and ramp that complies with all setback requirements, all on The East 77’ of Lots 1-2, Block 16, Thomas Addition, a.k.a. 702 Kline Street S. Paul Schumacher of Aspire was present to represent the property. Following discussion Grebner moved and VanDeRostyne 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 VARIANCE APPROVED . 9) Integrity Properties of SD, LLC and Van Buskirk Companies requested permission, as per site plan submitted, to install a 20sf real estate sign rather than the permitted 8sf, which would be a 12sf Real Estate Sign Size Variance, all on Lots 8-12, Block 37, Second Addition to Aberdeen, a.k.a. 111, 119 and 123 Sixth Avenue SW. This item was withdrawn by petitioner. 10) Forsyth Enterprises, LLC requested permission, as per site plan submitted, to 1) construct a twin home 0’ from the East property line rather than the required 8’, which would be an 8’ Building Variance and 2) to construct a twin home 0’ from the West property line rather than the required 8’, which would be an 8’ Building Variance, all on Lot 18, Block 2, Roosevelt Estates First Addition, a.k.a. 2309 Seventeenth Avenue SE. Tyler Forsyth was present to represent the property. Following discussion Weigel moved and Babcock seconded to approve with the following stipulations: 1) A plat must be submitted, approved, and filed with Brown County Register of Deeds Office to subdivide property into 2 lots, 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. BUILDING VARIANCES APPROVED . 11) Samantha Snyder and S&J Enterprises, LLC requested permission, as per site plan submitted, to permit the operation of a dog wash business, which would be an Appeal to the Board of Zoning Adjustment in the (C-1) Neighborhood Commercial Zoning District, all on Lot 6, Block 15, Sullivan & Easton Addition, a.k.a. 801 First Street N. Samantha Snyder and Attorney Chad Locken were present to represent the property. Following discussion VanDeRostyne moved and Grebner seconded to approve with the following stipulations: 1) This change of use and a petition to rezone the property to (C-1/R-4) must be approved by the Planning Commission, 2) Permits must be obtained prior to {00027859.DOC / 1} 3  Board of Zoning Adjustment May 11, 2017 any remodeling or other construction, 3) All required inspections must be completed, and 4) Any potential signs must be approved and permitted prior to installation. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 12) Fischer Fireworks, LLC and H&H Farms, LLP requested permission, as per site plan submitted to permit the operation of a temporary fireworks stand within the Aberdeen Zoning Jurisdiction for the 2017 fireworks season, which would be a Special Exception in the (A-1) Agricultural Zoning District, all on the SE¼ of Sect. 21-T123N-R64W, Except Lot 1, Hedges First Addition and Land Deeded, a.k.a. 38451 Highway 12W. Lukas Fischer and Zachary Fischer were present to represent the property. Following discussion Grebner moved and Babcock seconded to approve with the following stipulations: 1) Must adhere to all Fire Marshal requirements, and 2) Any signage must be permitted prior to installation. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 13) Michael Forsting and Morris Forsting requested permission, as per site plan submitted to construct a 5’x8’ landing and stairs 6’8” from the East property line rather than the required 15’, which would be an 8’4” Building Variance, all on The South ½ of Lots 5 & 6, Block 23, Hagerty & Lloyd Addition, a.k.a. 415 Kline Street N. Jeremy Ahoe of Ahoe Construction was present to represent the property. Following discussion VanDeRostyne 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 VARIANCE APPROVED . 14) Squash, LLC and John Shishnia requested permission, as per site plan submitted, to construct two apartments in the basement of an existing building rather than above the main floor, which would be an Appeal in the Aberdeen Commercial Historic District, all on Lots 17-18, Block 6, Original Plat, a.k.a. 201 Main Street S. Dave Graf and John Shishnia were present to represent the property. Following discussion VanDeRostyne moved and Weigel seconded to approve with the following stipulations: 1) New entrances and wheelchair ramp in R.O.W. must be approved and granted an easement by the City Council, 2) New door on North and West side must be approved by the SHPO, 3) Plans must be approved and a permit must be obtained prior to work commencing, 4) A minimum of 1.5 parking stalls per unit must be provided before permit may be issued (off-street only), 5) Property must be replatted into one parcel in order to issue a building permit, and 6) All required inspections must be completed. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 15) David Gonsor requested permission, as per site plan submitted, to 1) construct an 8’x6’ covered porch 21’ from the North property line rather than the required 25’, which would be a 4’ Building Variance and 2) to construct a 30’x40’ addition to attached garage 3’ from the West property line rather than the required 8’, which would be a 5’ Building Variance, all on Lot 14, Block 8, Melros Third Addition to Melros Estates, a.k.a. 2318 Fourteenth Avenue SE. There being no representative present this item was moved to the end of the agenda. {00027859.DOC / 1} 4  Board of Zoning Adjustment May 11, 2017 16) Hengel FB, LLC requested permission, as per site plan submitted, to construct a twin home 0’ from the North property line rather than the required 5’, which would be a 5’ Building Variance, all on Lot 2, Block 2, HAPI Fourth Central Subdivision, a.k.a. 2208 Merton Street S. Rob Hengel was present to represent the property. Following discussion VanDeRostyne moved and Grebner seconded to approve with the following stipulations: 1) An accurate site plan must be submitted, 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, 4) All required inspections must be completed, and 5) Property lines must be located to verify setbacks at time of inspection. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 17) Hengel FB, LLC requested permission, as per site plan submitted, to construct a twin home 0’ from the South property line rather than the required 5’, which would be a 5’ Building Variance, all on Lot 1, Block 2, HAPI Fourth Central Subdivision, a.k.a. 2202 Merton Street S. Rob Hengel was present to represent the property. Following discussion VanDeRostyne moved and Grebner seconded to approve with the following stipulations: 1) An accurate site plan must be submitted, 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, 4) All required inspections must be completed, and 5) Property lines must be located to verify setbacks at time of inspection. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 18) Hengel FB, LLC requested permission, as per site plan submitted, to construct a twin home 0’ from the North property line rather than the required 5’, which would be a 5’ Building Variance, all on Lot 4, Block 2, HAPI Fourth Central Subdivision, a.k.a. 2220 Merton Street S. Rob Hengel was present to represent the property. Following discussion VanDeRostyne moved and Grebner seconded to approve with the following stipulations: 1) An accurate site plan must be submitted, 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, 4) All required inspections must be completed, and 5) Property lines must be located to verify setbacks at time of inspection. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 19) Hengel FB, LLC requested permission, as per site plan submitted, to construct a twin home 0’ from the South property line rather than the required 5’, which would be a 5’ Building Variance, all on Lot 3, Block 2, HAPI Fourth Central Subdivision, a.k.a. 2214 Merton Street S. Rob Hengel was present to represent the property. Following discussion VanDeRostyne moved and Grebner seconded to approve with the following stipulations: 1) An accurate site plan must be submitted, 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, 4) All required inspections must be completed, and 5) Property lines must be located to verify setbacks at time of inspection. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . {00027859.DOC / 1} 5  Board of Zoning Adjustment May 11, 2017 20) Darling Management requested permission, as per site plan submitted, to reside an existing garage in a manner that will not be aesthetically similar to the primary structure, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 12, Block 26, First Addition to Highlands, a.k.a. 824 Lloyd Street N. Steve Darling was present to represent the property. Following discussion VanDeRostyne moved and Weigel seconded to approve with the stipulation that a building permit must be obtained prior to work commencing. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 4) Verna Kulm requested permission, as per site plan submitted, for 1) an existing mobile home to remain 18’2” from the nearest adjacent structure rather than the required 20’, which would be a 1’10” Building Variance in order to 2) construct a 4’x4’ landing and stairs 14’ from the adjacent structure rather than the required 20’, which would be a 6’ Building Variance, all on Lots 1-4, except the South 300’ of Lot 1 & except parcel 50’x108’ & except N. 80’ of Lots 1-4, Pierson’s Subdivision, a.k.a. 108 Roosevelt Street S #88. Dave Ochs was present to represent the property. Following discussion Weigel moved and Babcock seconded to approve agenda item #1 with the stipulation that if the existing mobile home is removed any new structures must comply with setbacks. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . Following discussion VanDeRostyne moved and Weigel 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 . 15) David Gonsor requested permission, as per site plan submitted, to 1) construct an 8’x6’ covered porch 21’ from the North property line rather than the required 25’, which would be a 4’ Building Variance and 2) to construct a 30’x40’ addition to attached garage 3’ from the West property line rather than the required 8’, which would be a 5’ Building Variance, all on Lot 14, Block 8, Melros Third Addition to Melros Estates, a.k.a. 2318 Fourteenth Avenue SE. David Gonsor was present to represent the property. Following discussion Grebner moved and VanDeRostyne seconded to deny, all members voting aye, the motion carried. BUILDING VARIANCES DENIED . Following further discussion VanDeRostyne moved and Weigel seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary May 11, 2017 {00027859.DOC / 1} 6