Board of Zoning Adjustment

Board of Zoning Adjustment August 10, 2017 BOARD OF ZONING ADJUSTMENT August 10 , 2017 The Board of Zoning Adjustment Meeting was held on Thursday, August 10, 2017 in the Aberdeen City Hall, First Floor Council Chambers, Aberdeen, South Dakota with Babcock presiding as Chairman. Ken Hubbart, City Planner, Chad Nilson, Building Inspector, Barry Dunlavy, Building Inspector, Stuart Nelson, Assistant City Engineer, David Dosch, Code Enforcement Officer, Eric Miller, City Planner, and Paula Nelson, Board of Zoning Adjustment Secretary. VanDeRostyne moved and Winter seconded to approve the Board of Zoning Adjustment minutes of July 13, 2017, all members voting aye, the motion carried. 1) Angella Welke 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 15, Block 2, HAPI Seventh Subdivision, a.k.a. 1508 Plum Lane. Angela Welke was present to represent the property. Following discussion VanDeRostyne moved and Winter 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 October 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) Samantha Snyder and Wade Eisenbeisz requested permission, as per site plan submitted, for 1) existing building to remain 21’ from the East property line rather than the required 35’, which would be a 14’ Building Variance and 2) 4’ from the North property line rather than the required 30’, which would be a 26’ Building Variance and 3) 8.5’ from the South property line rather than the required 35’, which would be a 26.5’ Building Variance in order to 4) construct an ADA compliant access ramp 2.5’ from the South property line rather than the required 25’, which would be a 22.5’ Building Variance, all on Lot 6, Block 15, Sullivan & Easton Addition, a.k.a. 801 First Street N. There being no representative present this item was moved to the end of the agenda. 3) Reede Construction requested permission, as per site plan submitted, to operate a temporary concrete batch plant, which would be an Appeal to the Board of Zoning Adjustment in a (C-2) Highway Commercial Zoning District, all on Golz Lot 1 in the SW¼ Sect. 15-T123N-R63W, a.k.a. 5237 Sixth Avenue SE. Jesse Bruns was present to represent the property. Following discussion Grebner moved and Winter seconded to approve with the following stipulations: 1) This approval is valid for one year from today’s date. At such time the use shall cease and property shall be fully reclaimed, 2) Property must be maintained in a neat and orderly manner at all times, and 3) The operation shall take place completely behind the building on the property. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . {00029493.DOC / 1} 1  Board of Zoning Adjustment August 10, 2017 4) Pauline Jacobson requested permission, as per site plan submitted, for 1) existing residence to remain 6’ from the North property line rather than the required 25’, which would be a 19’ Building Variance, and 2) 3.5’ from the West property line rather than the required 5’, which would be a 1.5’ Building Variance and 3) 4’ from the South property line rather than the required 20’, which would be a 16’ Building Variance and for 4) unattached garage to remain 3.25’ from the South property line rather than the required 5’, which would be a 1.75’ Building Variance and 5) 0’ from the East property line rather than the required 5’, which would be a 5’ Building Variance in order to 6) construct a 6’x6’ deck and steps 0’ from the North property line rather than the required 15’, which would be a 15’ Building Variance, all on The West 60’ of Lot 1, Block 27, Bennett & Thomas Addition, a.k.a. 14 Fifth Avenue NE. Steve Caron was present to represent the property. Following discussion VanDeRostyne moved and Grebner seconded to approve agenda items #1-5, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . Following further discussion VanDeRostyne moved and Weigel seconded to approve agenda item #6 with a 4’x4’ landing & stairs going east. Upon roll call, Weigel-aye, VanDeRostyne-nay, Babcock- nay, Grebner-nay, Winter-nay (1-aye,4-nay), the motion failed. Following further discussion Weigel moved and Babcock seconded to approve agenda item #6 with a 5’ deep x 6’ wide landing with stairs going east. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 5) Madonna Sahli requested permission, as per site plan submitted, for 1) construct an addition to an existing unattached garage (total size of 26’x26’) 2’2” from the East property line rather than the required 5’, which would be a 2’10” Building Variance and 2) 15’ from the South property line rather than the required 25’, which would be a 10’ Building Variance, all on Lot 13, Block 30, Bennett & Thomas Addition, a.k.a. 602 First Street N. Todd & Joyce Voeller of Midwest Builders were present to represent the property. Following discussion Weigel moved and Babcock 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, 4) Existing South & East walls and foundation must remain in the finished garage, or if removed, entire garage must be built to meet setbacks. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 6) Kevin Braun requested permission, as per site plan submitted, to permit the construction and operation of an airport, which would be a Special Exception in the (M-Ag) Mini- Agricultural Zoning District, all on Lot 1, Evelo’s Second Subdivision in the NW¼S½ of Sect. 29-T123N-R63W, a.k.a. 3202 Melgaard Road E. Kevin Braun was present to represent the property. Code Raggatz, Transportation Director/City of Aberdeen was also present. Following discussion VanDeRostyne moved and Weigel seconded to approve with the following stipulations: 1) Kevin Braun must obtain and maintain any required approvals from FAA, SD Aeronautics Commission, Aberdeen Regional Airport, or any other applicable entity, 2) Kevin Braun will be responsible for addressing any complaints or concerns if they should occur and the Special Exception may be reviewed by this board if problems arise, 3) All operations are conducted in VFR weather conditions, 4) No nighttime operations will be conducted, 5) A functioning radio must be used for all flights to broadcast on Aberdeen Regional Airport’s (KABR) CTAF, and 6) All aircraft shall arrive and depart to the West. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 7) Aberdeen BMX, Inc. requested permission, as per site plan submitted, to 1) permit the construction of an off-premise parking lot, which would be an Appeal to the Board of Zoning {00029493.DOC / 1} 2  Board of Zoning Adjustment August 10, 2017 Adjustment in a (R-3) High Density Residential Zoning District, and 2) to permit the installation of 135 parking stalls rather than the required 162 parking stalls, which would be a 27 Parking Stall Variance, all on Lot 5, Brown County Commissioner’s Subdivision, a.k.a. 1111 First Avenue SE. Kyle Oswald was present to represent the property. Following discussion Grebner moved and Babcock seconded to approve with the following stipulations: 1) Property must be maintained in a neat and orderly manner, 2) Property must be landscaped per City Forestry Department requirements, and 3) Parking facility should be hard surfaced to help with dust and stormwater and erosion control requirements and to allow for appropriate parking stall delineation. Upon roll call, all members voting aye, the motion carried. APPEAL AND PARKING STALL VARIANCE APPROVED . 8) Jessi & Chris Stucke requested permission, as per site plan submitted, to permit the open storage of materials, equipment and other associated items, 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 NE. Chris Stucke was present to represent the property. Following discussion Grebner moved and VanDeRostyne seconded to approve with the following stipulations: 1) All previously applied stipulations shall remain in effect with the following modifications: A) Merchandise, parts, machinery, vehicles, etc. may be stored in fenced enclosure, B) Only licensed, operable vehicles and a dumpster may be stored outside of fence, C) Fence must be completed to enclose storage area, D) West end of fence may be left off, and E) South side of fence must be installed by September 15th. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 2) Samantha Snyder and Wade Eisenbeisz requested permission, as per site plan submitted, for 1) existing building to remain 21’ from the East property line rather than the required 35’, which would be a 14’ Building Variance and 2) 4’ from the North property line rather than the required 30’, which would be a 26’ Building Variance and 3) 8.5’ from the South property line rather than the required 35’, which would be a 26.5’ Building Variance in order to 4) construct an ADA compliant access ramp 2.5’ from the South property line rather than the required 25’, which would be a 22.5’ Building Variance, all on Lot 6, Block 15, Sullivan & Easton Addition, a.k.a. 801 First Street N. Chad Nilson 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 . Following further discussion VanDeRostyne moved and Winter seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary August 10, 2017 {00029493.DOC / 1} 3