Board of Zoning Adjustment

Board of Zoning Adjustment June 8, 2017 BOARD OF ZONING ADJUSTMENT June 8, 2017 The Board of Zoning Adjustment Meeting was held on Thursday, June 8, 2017 in the Aberdeen City Hall, First Floor Council Chambers, Aberdeen, South Dakota with Weigel presiding as Acting Chairman. Chairman Weigel called the meeting to order. Members present at roll call were Winter, Schumacher, Grebner, and Weigel. Babcock and VanDeRostyne were absent. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Eric Miller, City Planner, Chad Nilson, Building Inspector, Barry Dunlavy, Building Inspector, David Dosch, Code Enforcement Officer, Stuart Nelson, Assistant City Engineer, and Paula Nelson, Board of Zoning Adjustment Secretary. Winter moved and Grebner seconded to approve the Board of Zoning Adjustment minutes of May 11, 2017, all members voting aye, the motion carried. 1) Jennifer Bruce 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 1, Parkview Addition, a.k.a. 324 Park Ave. Jennifer Bruce was present to represent the property. Following discussion Grebner moved and Winter 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 July 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) Kara Kirschenmann requested permission, as per site plan submitted, for 1) existing residence to remain 32’ from the East property line rather than the required 35’, which would be a 3’ Building Variance and 2) 5.5’ from the North property line rather than the required 10’, which would be a 4.5’ Building Variance and 3) for existing unattached garage to remain 5’ from the South property line rather than the required 10’, which would be a 5’ Building Variance in order to construct a back deck that will comply with all setback requirements, all on Lots 7-9, Block 14, Corrected Plat of Highlands, a.k.a. 1214 Third Street N. There being no representative present this item was moved to the end of the agenda. 3) Jeffrey Hieb requested permission, as per site plan submitted, to permit the operation of a salvage yard for marine and other similar types of used vehicles, parts and materials, which would be Special Exception in the (I-2) Unrestricted Industrial Zoning District, all on Lots 7-12, Block 39, Bennett & Thomas Addition, a.k.a. 102 Third Street N. Jeffrey Hieb was present to represent the property. Following discussion Grebner moved and Winter seconded to approve with the following stipulations: 1) Mr. Hieb must {00028360.DOC / 1} 1  Board of Zoning Adjustment June 8, 2017 successfully obtain a salvage yard license for the City Council by July 8, 2017 and adhere to all requirements, 2) An 8’ tall opaque fence must be installed around perimeter of property avoiding all four 35’ corner visibility triangles with an engineered design for wind load requirements. Fence must be permitted and installed by October 1, 2017, 3) No storage or parking will be allowed outside of fence or on adjacent properties (i.e. the railroad property to South, boulevards or open space at visibility triangles). All off-premise storage must cease immediately, 4) All existing building or code violations must be remedied by October 31, 2017, 5) No storage of anything exceeding height of fence, 6) No illegal or unpermitted signage on the property, 7) Property must be maintained in a neat & orderly manner at all times including grass, rodents, etc., 8) Valid as long as Jeffrey Hieb is owner/operator of proposed use, and 9) Parking of customer vehicles or boats/trailers may be permitted outside of fence only on existing hard surface materials that adjoin the West and South side of building. These items must be licensed and owned by a customer, no storage of licensed or unlicensed boats/trailers, etc. owned by Jeff’s Marine in these areas. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 4) Jarrett Jones d.b.a. Pheasant Country Automotive and Equipment requested permission, as per site plan submitted, to permit the open storage, parking or sale of vehicles and equipment, which would be an Appeal to the Board of Zoning Adjustment in the (A-1) Agricultural Zoning District, all on The NE¼ Sect. 15-T123N-R64W of the 5th PM, except land platted and except highway, a.k.a. 415 Highway 281 N. There being no representative present this item was moved to the end of the agenda. 5) Jarrett Jones d.b.a. Pheasant Country Automotive and Equipment requested permission, as per site plan submitted, to permit the open storage, parking or sale of vehicles and equipment, which would be a Special Exception in the (I-2) Unrestricted Industrial Zoning District, all on Lot 2, Shishnia First Addition in the SE¼ Sect. 14- T123N-R63W, a.k.a. 13295 393rd Avenue. There being no representative present this item was moved to the end of the agenda. 6) Jarrett Jones d.b.a. Pheasant Country Automotive and Equipment requested permission, as per site plan submitted, to 1) permit the open storage, parking or sale of vehicles and equipment, which would be an Appeal to the Board of Zoning Adjustment in the (M-Ag) Mini-Agricultural Zoning District and 2) to operate an extended stay rental house or apartment, which would be an Appeal to the Board of Zoning Adjustment in a (M-Ag) Mini-Agricultural Zoning District, all on Lot 1, Shishnia First Addition, in the SE¼ Sect. 14-T123N-R63W, a.k.a. 13297 393rd Avenue. There being no representative present this item was moved to the end of the agenda. 7) Maple River Lodging, LLC and Frost Construction requested permission, as per site plan submitted, to 1) construct a town home 0’ from the East property line rather than the required 5’, which would be a 5’ Building Variance and 2) to construct a town home 0’ from the West property line rather than the required 5’, which would be a 5’ Building Variance, all on Lot 1, Block 3, Heritage Estates Addition to the City of Aberdeen, a.k.a. 1516 Cambridge Circle. There being no representative present this item was moved to the end of the agenda. 8) Janice Miller requested permission, as per site plan submitted, to permit the construction of a 4’x26’ deck and stairs 12’ from the West property line rather than the {00028360.DOC / 1} 2  Board of Zoning Adjustment June 8, 2017 required 15’, which would be a 3’ Building Variance, all on Lot 6, Block 24, First Addition to Highlands, a.k.a. 902 Penn Street N. There being no representative present this item was moved to the end of the agenda. 9) Eric Schwan requested permission, as per site plan submitted, for 1) existing residence to remain 14’ from the South property line rather than the required 15’, which would be a 1’ Building Variance in order to replace back steps and 2) for existing unattached garage to remain 14’ from the South property line rather than the required 35’, which would be a 21’ Building Variance, all on Lots 10-12, Block 17, Corrected Plat of Highlands, a.k.a. 1301 Second Street N. Ray Schwan was present to represent the property. Following discussion Grebner moved and Winter 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 . 10) Jeff Goldade requested permission, as per site plan submitted, to permit the construction and operation of a campground, which would be an Appeal to the Board of Zoning Adjustment in a (M-Ag) Mini-Agricultural Zoning District, all on Lot 2, Goldade First Replat of Goldade Tract 1, in the NE¼ Sect. 35-T123N-R64W of the 5th PM, Brown County, South Dakota, a.k.a. 915 135th Street SW. Jeff Goldade was present to represent the property. Following discussion Grebner moved and Winter seconded to deny, all members voting nay, the motion failed. Following further discussion Grebner moved and Schumacher seconded to approve with the following stipulations: 1) Applicant must comply with all state requirements for floodplain, licensing, wastewater disposal, and any other state requirements, 2) Permits must be obtained for any construction, 3) All required inspection must be completed, and 4) All Fire Marshal stipulations must be adhered to. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 11) KJ Investments, LLC requested permission, as per site plan submitted, to permit the open storage, parking or sale of vehicles, which would be a Special Exception in the (C- 2) Highway Commercial Zoning District, all on Lots 1-3, Block 1, Jones Commercial Park Subdivision in the SE¼ of Sect. 16-T123N-R63W of the 5th PM, Brown County, South Dakota, a.k.a. 515, 425 and 405 Jones Street S. Josh Kraft and Dean Marske of HKG Architects were present to represent the property. Following discussion Schumacher moved and Winter seconded to approve with the following stipulations: 1) Open storage is limited to the display of licensed & operable vehicles and customer/employee parking. No off-premise storage or storage of junk, unlicensed, or inoperable vehicles or other items, 2) The minimum number of stalls required for employee and customer parking must remain open for this use with no storage or display of vehicles in them, 3) Property must be maintained in a neat and orderly manner at all times, 4) Property must be replatted and annexed before permits are issued, 5) Parking lot must be approved for landscaping and storm water needs, 6) This special exception is for KJ Investments, LLC, dba AutoMaxx of Aberdeen only, as long as they are owner/operator of proposed use, and 7) All signage must be approved and permitted prior to installation. Upon roll call, all member voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 12) The Salvation Army requested permission, as per site plan submitted, to permit a {00028360.DOC / 1} 3  Board of Zoning Adjustment June 8, 2017 residence and garage in a (R-3) High Density Residential Zoning District to be used for storage and programming associated with the adjacent Salvation Army property, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 4, Rehfeld’s Replat of Block 1, Pleasant Hill Addition, a.k.a. 613 Eleventh Street S. Colleen Callum and Cartor Carlson were present to represent the property. Following discussion Schumacher moved and Grebner seconded to approve with the following stipulations: 1) Property must be rezoned to (C-2) Highway after the 1 year period has lapsed, 2) Following rezoning, the property must be replatted with Salvation Army Lot when developed, 3) No outside storage on the lot, 4) No residential use of the residence may be permitted, 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 . 13) Off In The Woods, LLC requests permission, as per site plan submitted, for 1) existing residence to remain 4.5’ from the East property line rather than the required 5’, which would be a .5’ Building Variance and 2) 12.5’ from the South property line rather than the required 25’, which would be a 12.5’ Building Variance and 3) for existing unattached garage to remain 2’ from the West property line rather than the required 5’, which would be a 3’ Building Variance and 4) 1.5’ from the North property line rather than the required 5’, which would be a 3.5’ Building Variance in order to 5) construct a 6’x4’ landing and stairs 5’ from the South property line rather than the required 15’, which would be a 10’ Building Variance and 6) for lot to remain 35’ in width rather than the required 50’, which would be a 15’ Minimum Lot Width Variance, all on The 35’ East of the West 35’ of Lots 7-8, Block 50, Bennett & Thomas Addition, a.k.a. 320 Third Avenue NW. Rick Kline was present to represent the property. Following discussion Grebner moved and Schumacher 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 & MINIMUM LOT WIDTH VARIANCE APPROVED . 14) Performance Rentals, LLC requested permission, as per site plan submitted, to 1) construct four mini-storage buildings, which would be an Appeal to the Board of Zoning Adjustment in the (I-2) Unrestricted Industrial Zoning District and 2) to construct three mini-storage buildings that are 40’ in width rather than the required 30’, which would be three 10’ Maximum Width Variances and 3) 240’ in length rather than the required 120’, which would be three 120’ Maximum Length Variances and 4) to construct one mini- storage building that is 60’ wide rather than the permitted 30’, which would be a 30’ Maximum Width Variance and 5) 180’ in length rather than the required 120’, which would be a 60’ Maximum Length Variance, all on Proposed Lot 1, Performance Rentals Third Subdivision in the SW¼&NW¼ of Sect. 21-T123N-R64W of the 5th PM, Brown County, South Dakota, a.k.a. 38422 Highway 12 W. Chris Gross was present to represent the property. Following discussion Grebner moved and Schumacher seconded to approve agenda item #1 with the following stipulations: 1) Plat must be approved and filed prior to permitting, 2) Plans must be approved and permits obtained prior to construction, 3) All inspections must be completed, and 4) Property lines must be located to verify setbacks. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . Following further discussion Grebner moved and Schumacher seconded to approve agenda items #2-5 with the following stipulations: 1) Plat must be approved and filed prior to permitting, 2) Plans must be approved and permits obtained {00028360.DOC / 1} 4  Board of Zoning Adjustment June 8, 2017 prior to construction, 3) All inspections must be completed, and 4) Property lines must be located to verify setbacks. Upon roll call, all members voting aye, the motion carried. MAXIMUM WIDTH VARIANCES & MAXIMUM LENGTH VARIANCES APPROVED. 15) Daniel Lipp and Don Lipp requested permission, as per site plan submitted to 1) plat a lot with 130.06’ of frontage rather than the required 200’, which would be a 69.94’ Minimum Lot Frontage Variance and 2) to plat a lot with 191.85’ of frontage rather than the required 200’, which would be a 8.15’ Minimum Lot Frontage Variance and 3) to construct a new residence on proposed Lot 2, that is 49.5’ from the South property line rather than the required 100’, which would be a 50.5’ Building Variance, all on Chandler’s Outlots 7-9, in the SW¼ of Sect. 3-T123N-R64W of the 5th PM, Brown County, South Dakota, a.k.a. 2606 & 2616 24th Avenue NW. Don Lipp 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. MINIMUM LOT FRONTAGE VARIANCES APPROVED . Following further discussion Schumacher moved and Grebner seconded to deny agenda item #3, all members voting nay, the motion failed. Following further discussion Grebner moved and Winter 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 . 16) Marie Crawford 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 21.5’x36’ uncovered deck 10.5’ from the West property line rather than the required 15’, which would be a 4.5’ Building Variance, all on Lot 1, Block 3, Sixteenth Addition of Highland North Addition, a.k.a. 1915 Jay Street N. Jack Hollinsworth of JDH Construction was present to represent the property. Following discussion Grebner moved and Schumacher 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 . 17) Steven Lust Automotive Company requested permission, as per site plan submitted, to 1) permit the reuse of an existing 8’x15’ freestanding sign for an off-premise sign as an accessory land use, which would be an Appeal to the Board of Zoning Adjustment, and 2) to permit an off-premise sign 10’ from the South property line rather than the required 20’, which would be a 10’ Setback Variance, and 3) to permit the open storage, parking or sale of vehicles, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, all on Lots 5-8, Block 22, West Hill Addition and South 33’ of Vacated Street, a.k.a. 1220 Sixth Avenue SW. Steven Lust and Tyler Dutenhoffer were present to represent the property. Following discussion Winter moved and Weigel seconded to deny agenda item #1. Upon roll call, Grebner-nay, Weigel-aye, Schumacher-aye, Winter-aye (1-nay,3-aye), the motion failed. APPEAL FAILED DUE TO LACK OF SECOND MOTION . Following further discussion Ken Hubbart explained that agenda item #2 goes away with no alternative motion for agenda item #1. Following further discussion Schumacher moved and Grebner seconded to approve {00028360.DOC / 1} 5  Board of Zoning Adjustment June 8, 2017 agenda item #3 with the following stipulations: 1) Lot must be platted with the property adjacent to the West, 2) Plans must be submitted and permit must be obtained prior to construction, 3) All required inspections must be completed, and 4) Property lines must be located to verify setbacks. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 18) Lamont Office Building, LLC. requested permission, as per site plan submitted, to permit the installation of a 3’8”x5’6” 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. Todd Lamont was present to represent the property. Following discussion Winter moved and Schumacher seconded to approve with the following stipulations: 1) Permit must be obtained prior to installation, and 2) Must be operated in accordance with ordinances relating to EMC’s (electronic message center sign’s). Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 19) Stan Houston Equipment requested permission, as per site plan submitted, to permit the installation of a 2000 gallon above ground diesel fuel tank, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, all on Lot 1, B&B East Subdivision, a.k.a. 39213 133rd Street. Austin Wellman was present to represent the property. Following discussion Winter moved and Schumacher seconded to approve with the stipulations: 1) Must adhere to all Fire Marshal requirements, and 2) Must obtain any necessary permit(s) prior to installation. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 20) Todd Lamont requested permission, as per site plan submitted, for existing residence to remain 7’ from the West property line rather than the required 8’, which would be a 1’ Building Variance in order to bring an existing residence into compliance, all on Lot 10, Block 3, Lampert’s First Addition, a.k.a. 1239 Appollo Avenue. Todd Lamont was present to represent the property. Following discussion Grebner moved and Winter seconded to approve, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED. 21) Lamont Enterprises, LLP and Stiles & Byron Partnership requested permission, as per site plan submitted, to 1) permit a group project consisting of four mini- warehouse buildings, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, and 2) to construct four 100’ wide mini-storage buildings rather than the permitted 30’, which would be four 70’ Maximum Width Variances and 3) to construct a mini-storage building that is 150’ in length rather than the permitted 120’, which would be a 30’ Maximum Length Variance and 4) to construct a mini-storage building that is 225’ in length rather than the permitted 120’, which would be a 105’ Maximum Length Variance and 5) to construct a mini-storage building that is 275’ in length rather than the permitted 120’, which would be a 155’ Maximum Length Variance and 6) to construct a mini-storage building that is 350’ in length rather than the required 120’, which would be a 230’ Maximum Length Variance, all on Proposed Lot 1, Lamont Eleventh Addition in the NE¼ Sect. 20- T123N-R63W, a.k.a. 1104 Melgaard Road S. Todd Lamont was present to represent the property. Following discussion Winter moved and Schumacher seconded to approve agenda item #1 with the following stipulations: 1) Property {00028360.DOC / 1} 6  Board of Zoning Adjustment June 8, 2017 must be rezoned to (C-2) Highway Commercial District, 2) A site plan with required parking must be submitted prior to operating, 3) Plans must be approved and permit be obtained prior to construction, 4) All required inspections must be completed, 5) Property lines must be located prior to construction, 6) All signage must be approved and permitted prior to construction, 7) No open storage, parking, sale or display of vehicles, merchandise, supplies, materials or any other item without additional approval by the Board of Zoning Adjustment, 8) All City Engineering Department stipulations must be adhered to, and 9) All Fire Marshal stipulations must be met. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. Following further discussion Winter moved and Grebner seconded to approve agenda items #2-6 with the following stipulations: 1) Property must be rezoned to (C-2) Highway Commercial District, 2) A site plan with required parking must be submitted prior to operating, 3) Plans must be approved and permit be obtained prior to construction, 4) All required inspections must be completed, 5) Property lines must be located prior to construction, 6) All signage must be approved and permitted prior to construction, 7) No open storage, parking, sale or display of vehicles, merchandise, supplies, materials or any other item without additional approval by the Board of Zoning Adjustment, 8) All City Engineering Department stipulations must be adhered to, and 9) All Fire Marshal stipulations must be met. MAXIMUM WIDTH VARIANCES, AND MAXIMUM LENGTH VARIANCES APPROVED . 2) Kara Kirschenmann requested permission, as per site plan submitted, for 1) existing residence to remain 32’ from the East property line rather than the required 35’, which would be a 3’ Building Variance and 2) 5.5’ from the North property line rather than the required 10’, which would be a 4.5’ Building Variance and 3) for existing unattached garage to remain 5’ from the South property line rather than the required 10’, which would be a 5’ Building Variance in order to construct a back deck that will comply with all setback requirements, all on Lots 7-9, Block 14, Corrected Plat of Highlands, a.k.a. 1214 Third Street N. Kara Kirschenmann was present to represent the property. Following discussion Grebner moved and Schumacher 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 . 4) Jarrett Jones d.b.a. Pheasant Country Automotive and Equipment requested permission, as per site plan submitted, to permit the open storage, parking or sale of vehicles and equipment, which would be an Appeal to the Board of Zoning Adjustment in the (A-1) Agricultural Zoning District, all on The NE¼ Sect. 15-T123N-R64W of the 5th PM, except land platted and except highway, a.k.a. 415 Highway 281 N. Jarrett Jones was present to represent the property. Following discussion Schumacher moved and Winter seconded to deny. Upon roll call, Grebner-nay, Weigel-aye, Schumacher- aye, Winter-aye (1-nay, 3-aye), the motion failed. APPEAL FAILED DUE TO LACK OF SECOND MOTION. 5) Jarrett Jones d.b.a. Pheasant Country Automotive and Equipment requested permission, as per site plan submitted, to permit the open storage, parking or sale of vehicles and equipment, which would be a Special Exception in the (I-2) Unrestricted {00028360.DOC / 1} 7  Board of Zoning Adjustment June 8, 2017 Industrial Zoning District, all on Lot 2, Shishnia First Addition in the SE¼ Sect. 14- T123N-R63W, a.k.a. 13295 393rd Avenue. Jarrett Jones was present to represent the property. Following discussion Grebner moved and Winter seconded to approve with the following stipulations: 1) No illegal signs, off-premise signs, signs on trailers, etc., 2) No more than 10 vehicles displayed at one time, 3) All vehicles shall be licensed, operable, and available for sale at this location, 4) Property must be maintained in a neat and orderly manner at all times, 5) This special exception is for Jarrett Jones d.b.a. Pheasant Country Automotive and Equipment only, as long as he is the owner/operator of proposed use. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 6) Jarrett Jones d.b.a. Pheasant Country Automotive and Equipment requested permission, as per site plan submitted, to 1) permit the open storage, parking or sale of vehicles and equipment, which would be an Appeal to the Board of Zoning Adjustment in the (M-Ag) Mini-Agricultural Zoning District and 2) to operate an extended stay rental house or apartment, which would be an Appeal to the Board of Zoning Adjustment in a (M-Ag) Mini-Agricultural Zoning District, all on Lot 1, Shishnia First Addition, in the SE¼ Sect. 14-T123N-R63W, a.k.a. 13297 393rd Avenue. Jarrett Jones was present to represent the property. Following discussion Grebner moved and Winter seconded to deny agenda item #1. Upon roll call, Grebner-nay, Weigel-aye, Schumacher-aye, Winter-aye (1-nay,3-aye), the motion failed. APPEAL FAILED DUE TO LACK OF SECOND M OTION. Following further discussion Grebner moved and Schumacher seconded to approve agenda item #2, all members voting aye, the motion carried. APPEAL APPROVED . 7) Maple River Lodging, LLC and Frost Construction requested permission, as per site plan submitted, to 1) construct a town home 0’ from the East property line rather than the required 5’, which would be a 5’ Building Variance and 2) to construct a town home 0’ from the West property line rather than the required 5’, which would be a 5’ Building Variance, all on Lot 1, Block 3, Heritage Estates Addition to the City of Aberdeen, a.k.a. 1516 Cambridge Circle. Gary Peterson and Keith Peterson were present to represent the property. Following discussion Grebner moved and Schumacher seconded to approve with the following stipulations: 1) A plat must be approved & filed with the Brown County 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 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 . 8) Janice Miller requested permission, as per site plan submitted, to permit the construction of a 4’x26’ deck and stairs 12’ from the West property line rather than the required 15’, which would be a 3’ Building Variance, all on Lot 6, Block 24, First Addition to Highlands, a.k.a. 902 Penn Street N. Brad Gardner was present to represent the property. Following discussion Grebner moved and Winter 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 . {00028360.DOC / 1} 8  Board of Zoning Adjustment June 8, 2017 Following further discussion Grebner moved and Schumacher seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary June 8, 2017 {00028360.DOC / 1} 9