Board of Zoning Adjustment

Board of Zoning Adjustment July 13, 2017 BOARD OF ZONING ADJUSTMENT July 13, 2017 The Board of Zoning Adjustment Meeting was held on Thursday, July 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 Grebner, VanDeRostyne, Schumacher, Winter, and Babcock. Weigel was absent. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Chad Nilson, Building Inspector, Barry Dunlavy, Building Inspector, Shane Smith, Code Enforcement Officer, and Paula Nelson, Board of Zoning Adjustment Secretary. Grebner moved and Winter seconded to approve the Board of Zoning Adjustment minutes of June 8, 2017, all members voting aye, the motion carried. 1) Aron Jones 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 The North 67’ of Lots 13-14, Block 18, Thomas Addition, a.k.a. 611 Jay Street S. Aron Jones was present to represent the property. Aron Jones 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, 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) The Boys and Girls Club of Aberdeen, Inc. requested permission, as per site plan submitted to construct a 24’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 2, Brown County Commissioner’s First Subdivision, a.k.a. 1121 First Avenue SE. Mike Herman of The Boys and Girls Club, Dean Marske of HKG Architects, and Attorney Rod Tobin were present to represent the property. Following discussion Grebner moved and VanDeRostyne seconded to deny, all members voting nay, the motion failed. Following further discussion Schumacher moved and Babcock seconded to approve with the stipulation that the siding colors used are the same colors as the brick used on the primary structure. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 3) The Aberdeen Development Corporation requests permission, as per site plan submitted to construct a 30’x86’ 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 2, Block 1, Centennial Commons Addition to the City of Aberdeen, a.k.a. 3314 Milwaukee Avenue NE. Dean Marske of HKG Architects was present to represent the property. Following discussion Schumacher moved and Babcock seconded to deny, all members voting nay, the motion failed. Following further discussion VanDeRostyne moved and Winter seconded to approve with the stipulation that brick be placed on the East and North sides of accessory {00028873.DOC / 1} 1  Board of Zoning Adjustment July 13, 2017 structure and that color matching siding be placed on remainder. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 4) Arnold Huizenga requested permission, as per site plan submitted, to construct an approach onto 130th Avenue 110’ West of an existing approach rather than the required 500’, which would be a 390’ Minimum Approach Separation Variance, all on The NE¼ of Sect. 4- T123N-R64W, East of Foote Creek, Except Land Deeded, a.k.a. 38491 130th Street. John Desens of Clark Engineering were present to represent the property. Following discussion Grebner moved and Winter seconded to deny, all members voting nay, the motion failed. Following discussion Schumacher moved and Grebner seconded to approve with the stipulation that a written approval from the Township must be submitted to the City before construction of the approach can take place. Following discussion, all members voting aye, the motion carried. MINIMUM APPROACH SEPERATION VARIANCE APPROVED . 5) Kim Klostergaard requested permission, as per site plan submitted, for 1) existing residence to remain 8’ from the North property line rather than the required 25’, which would be a 17’ Building Variance and 2) deck to remain 2’ from the North property line rather than the required 15’, which would be a 13’ Building Variance and 3) for the residence to remain 11’ from the South property line rather than the required 20’, which would be a 9’ Building Variance and 4) 11’ from the West property line rather than the required 15’, which would be a 4’ Building Variance in order to construct a 8’x10’ deck on West side of residence that will comply with all setback requirements, all on The North 78’ of Lot 6, Block 47, Second Addition to Aberdeen, a.k.a. 321 Eighth Avenue SW. Kim Klostergard 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 . 6) Eldon Wahl requested permission, as per site plan submitted, for 1) existing residence to remain 2’2” from the East property line rather than the required 5’, which would be a 2’10” Building Variance and 2) 2’ from the North property line rather than the required 20’, which would be an 18’ Building Variance and 3) for existing garage to remain 4’7” from the West property line rather than the required 5’, which would be a 5” Building Variance in order to replace front deck that meets all setback requirements, all on The East 67’ of the South ½ of Lot 14 and the East 67’ of Lot 15, Lawson’s First Replat of Block 10, Woolverton Addition, a.k.a. 811 Tenth Avenue SE. There being no representative present this item was moved to the end of the agenda. 7) Jacqueline Wagner requested permission, as per site plan submitted, for 1) existing residence to remain 3.75’ from the North property line rather than the required 5’, which would be a 1.25’ Building Variance and 2) 19’ from the East property line rather than the required 25’, which would be a 6’ Building Variance and 3) for existing unattached garage to remain 1’ from the South property line rather than the required 5’, which would be a 4’ Building Variance in order to 4) construct 5’x6’ front deck and steps 14’ from the East property line rather than the required 15’, which would be a 1’ Building Variance, all on Lots 4-5, Block 5, Hagerty & Lloyd Addition, a.k.a. 711 Arch Street N. Lois Flanigan was present to represent the property. Following discussion Grebner moved and Schumacher seconded to approve agenda items #1-3, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . Following further discussion Grebner moved and VanDeRostyne seconded to approve agenda item #4 with the following stipulations: 1) {00028873.DOC / 1} 2  Board of Zoning Adjustment July 13, 2017 Plans must be submitted for review and a permit must be obtained prior to construction, 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 . 8) Terry and Anne Lacher requested permission, as per site plan submitted, to construct a 24’x38’ Accessory Structure 30’ from the West property line rather than the required 35’, which would be a 5’ Building Variance, all on Lot 1, Rohr Third Subdivision in the SW¼ of Sect. 36-T124N-R64W, a.k.a. 12993 Rohr Drive. Terry Lacher was present to represent the property. Following discussion Winter moved and Grebner seconded to deny. Upon roll call, Grebner-nay, VanDeRostyne-nay, Babcock-nay, Schumacher-nay, Winter-aye (1-aye, 4-nay) the motion failed. Following discussion Grebner moved and Schumacher seconded to approve. Upon roll call, Grebner-aye, VanDeRostyne-aye, Babcock-aye, Schumacher- aye, Winter-nay (4-aye,1-nay), the motion carried. BUILDING VARIANCE APPROVED . 9) Teresa McCoy requested permission, as per site plan submitted, to operate a home occupation in an accessory structure, which would be an Appeal to the Board of Zoning Adjustment, all on The South 71’ of the East 20’ of Lot 11 and the South 71’ of Lot 12, Block 30, Thomas Addition, a.k.a. 722 Jay Street S. This item was withdrawn by the petitioner. 10) Brian Beard requested permission, as per site plan submitted, for existing residence to remain 6’ from the West property line rather than the required 8’, which would be a 2’ Building Variance in order to replace front and back decks that comply with all setback requirements, all on Lot 12, Block 14, Eighth Addition to Highlands North, a.k.a. 704 Seventeenth Avenue NE. Brian Beard 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 . 11) Ryan McClain requested permission, as per site plan submitted, to construct a 14’x24’ attached garage 7’ from the West property line rather than the required 20’, which would be a 13’ Building Variance, all on Lot 3, Block 5, Bader & Hyde Addition, a.k.a. 220 Park Street S. Ryan McClain 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 . 12) Cheryl Gabriel requested permission, as per site plan submitted, for 1) existing residence to remain 3” from the North property line rather than the required 20’, which would be a 19’9” Building Variance and 2) 0’ from the West property line rather than the required 5’, which would be a 5’ Building Variance and 3) 9’4” from the South property line rather than the required 25’, which would be a 15’8” Building Variance in order to 4) construct a 3’x3’ front landing and stairs 3.5’ from the South property line rather than the required 15’, which would be a 11.5’ Building Variance, all on the East 27’ of Lots 17-18, Block 75, Hagerty & Lloyd Addition, a.k.a. 411 Second Avenue SE. Cheryl Gabriel 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 {00028873.DOC / 1} 3  Board of Zoning Adjustment July 13, 2017 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 . 13) James Martin requested permission, as per site plan submitted, for existing residence to remain 3’ from the West property line rather than the required 5’, which would be a 2’ Building Variance in order to construct a back deck that complies with all setback requirements, all on Lot 5, Block 48, Second Addition, a.k.a. 219 Eighth Avenue SW. James Martin was present to represent the property. Following discussion VanDeRostyne moved and Grebner seconded to approve, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 14) Dana Ringgenberg requested permission, as per site plan submitted, to 1) permit the installation of a 300 gallon above ground diesel fuel tank, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, and 2) to construct an above ground diesel fuel tank 21’ from the East property line rather than the required 45’, which would be a 24’ Building Variance, all on Lot 9, Ringgenberg’s Subdivision, in the SW¼ Sect. 16-T123N-R63W, a.k.a. 324 Columbia Drive. Dana Ringgenberg was present to represent the property. Following discussion Grebner moved and Schumacher seconded to approve agenda item #1 with the following stipulations: 1) Must adhere to all Fire Marshal stipulations, and 2) Tank is for private use only – no fuel for sale. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . Following discussion Grebner moved and Schumacher seconded to deny agenda item #2, all members voting nay, the motion failed. Following further discussion Schumacher moved and VanDeRostyne seconded to approve agenda item #2. Upon roll call, Grebner-aye, VanDeRostyne-aye, Babcock-aye, Schumacher-aye, Winter-nay (4-aye,1-nay), the motion carried. BUILDING VARIANCE APPROVED . 15) Jeff Stockert requested permission, as per site plan submitted, to 1) permit the construction of two mini-warehouse buildings, which would be an Appeal in the (I-2) Unrestricted Industrial Zoning District, and 2) to construct two 200’ deep mini-storage buildings rather than the permitted 120’, which would be two 80’ Maximum Depth Variances and 3) to construct a mini-storage building that is 50’ in width rather than the permitted 30’, which would be a 20’ Maximum Width Variance and 4) to construct a mini-storage building that is 100’ in width rather than the permitted 30’, which would be a 70’ Maximum Width Variance and 5) to construct two mini-storage buildings with 20’ sidewall height rather than the permitted 16’, which would be two 4’ Maximum Sidewall Height Variances, all on Lot 1, Magnum Subdivision/Aberdeen Development Corporation in the NE¼ Sect. 16-T123N- R63W, a.k.a. 4720 Maloney Avenue NE. Kevin Weisbeck was present to represent the property. Following discussion VanDeRostyne moved and Schumacher seconded to approve agenda item #1 with the following stipulations: 1) Property must be replatted prior to permitting, 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, 5) Parking must be provided as required by code for various uses, 6) No open storage of vehicles, machinery, or any other items without additional approval by Board of Zoning Adjustment, 7) No illegal or unpermitted signage, 8) Any construction in tenant spaces must be permitted prior to work commencing, and 9) Plans must be approved for landscaping and storm water before permit may be issued. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . Following further discussion Grebner moved and VanDeRostyne seconded to approve agenda items #2-5 with the following stipulations: 1) Property must be replatted {00028873.DOC / 1} 4  Board of Zoning Adjustment July 13, 2017 prior to permitting, 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, 5) Parking must be provided as required by code for various uses, 6) No open storage of vehicles, machinery, or any other items without additional approval by Board of Zoning Adjustment, 7) No illegal or unpermitted signage, 8) Any construction in tenant spaces must be permitted prior to work commencing, and 9) Plans must be approved for landscaping and storm water before permit may be issued. Upon roll call, all members voting aye, the motion carried. MAXIMUM DEPTH VARIANCES, MAXIMUM WIDTH VARIANCES, AND MAXIMUM SIDEWALL HEIGHT VARIANCES APPROVED . 16) Larson, Alfred & Doris Rentals, LP and SD Real Estate request permission, as per site plan submitted, for existing apartment building to remain 20’ from the East property line rather than the required 25’, which would be a 5’ Building Variance in order to replace decks that meet all setback requirements, all on The South 20’ of Lot 16 & Lots 17-18, Block 18, East Park Addition, a.k.a. 324 Marshall Street S. There being no representative present this item was moved to the end of the agenda. 17) Kyle Weiszhaar requested permission, as per site plan submitted, to permit the open storage, display and sale of vehicles and machinery, which would be a Special Exception in the (I-2) Unrestricted Industrial Zoning District, all on Lot 1, Aberdeen Development Corporation 1997-1 Subdivision, a.k.a. 2911 Industrial Avenue NE. Kyle Weiszhaar and Attorney Vic Fischbach were present to represent the property. Following discussion VanDeRostyne moved and Grebner seconded to approve with the following stipulations: 1) No more than 5 vehicles may be stored or displayed at one time, 2) Property must be maintained in a neat and orderly manner at all times, 3) All vehicles must be licensed and operable as per state law definition, 4) No illegal or unpermitted signage may be allowed on site, 5) Open storage must take place on hard surfaced area only, and 6) This Special Exception is for Kyle Weiszhaar 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 . 18) Stencil Group requested permission, as per site plan submitted, to permit the construction of a parking lot in the front setback of an apartment complex, which would be an Appeal to the Board of Zoning Adjustment in a (R2/R4) Medium Density/Special Density Residential Zoning District, all on Proposed Lot 3A, Block 4, Dakota Estates Subdivision, a.k.a. 1019 27th Avenue NE and 2717 Harrison Street N. There being no representative present this item was moved to the end of the agenda. 6) Eldon Wahl requested permission, as per site plan submitted, for 1) existing residence to remain 2’2” from the East property line rather than the required 5’, which would be a 2’10” Building Variance and 2) 2’ from the North property line rather than the required 20’, which would be an 18’ Building Variance and 3) for existing garage to remain 4’7” from the West property line rather than the required 5’, which would be a 5” Building Variance in order to replace front deck that meets all setback requirements, all on The East 67’ of the South ½ of Lot 14 and the East 67’ of Lot 15, Lawson’s First Replat of Block 10, Woolverton Addition, a.k.a. 811 Tenth Avenue SE. Jane Ohlde 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 {00028873.DOC / 1} 5  Board of Zoning Adjustment July 13, 2017 verified, and 3) All required inspections must be completed. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . 16) Larson, Alfred & Doris Rentals, LP and SD Real Estate request permission, as per site plan submitted, for existing apartment building to remain 20’ from the East property line rather than the required 25’, which would be a 5’ Building Variance in order to replace decks that meet all setback requirements, all on The South 20’ of Lot 16 & Lots 17-18, Block 18, East Park Addition, a.k.a. 324 Marshall Street S. Tyler Schneider was present to represent the property. Following discussion 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 . 18) Stencil Group requested permission, as per site plan submitted, to permit the construction of a parking lot in the front setback of an apartment complex, which would be an Appeal to the Board of Zoning Adjustment in a (R2/R4) Medium Density/Special Density Residential Zoning District, all on Proposed Lot 3A, Block 4, Dakota Estates Subdivision, a.k.a. 1019 27th Avenue NE and 2717 Harrison Street N. Mike Wagner of Stencil Group was present to represent the property. Following discussion Grebner moved and Babcock seconded to approve with the stipulation that the plans for Stormwater and landscaping must be approved. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . Following further discussion VanDeRostyne moved and Winter seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary July 13 2017 {00028873.DOC / 1} 6