Board of Zoning Adjustment

Board of Zoning Adjustment September 7, 2017 BOARD OF ZONING ADJUSTMENT September 7 , 2017 The Board of Zoning Adjustment Meeting was held on Thursday, September 7, 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 Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Chad Nilson, Building Inspector, David Dosch, Code Enforcement Officer, Eric Miller, City Planner, George Jones, GIS Technician, and Paula Nelson, Board of Zoning Adjustment Secretary. VanDeRostyne moved and Winter seconded to approve the Board of Zoning Adjustment minutes of August 10, 2017, all members voting aye, the motion carried. 1) Susan Dalager and Calvary Baptist Church requested permission, as per site plan submitted, to operate a Montessori school, which would be an Appeal to the Board of Zoning Adjustment in the (C-2) Highway Commercial Zoning District, all on Howard’s Outlot A, in the NE¼ Sect. 14-T123N-R64W, a.k.a. 515 Eighth Avenue NW. Susan Dalager was present to represent the property. Following discussion Grebner moved and Winter seconded to approve with the following stipulations: 1) Owner/Operator must obtain and maintain any required state licensing, 2) Outdoor play area shall be maintained as a fenced in area, 3) Any possible signage must be approved and permitted prior to installation, 4) Fire Marshal and Building Inspection Department must inspect the facility and any required changes or modifications must be made, and 5) This appeal is for Susan Dalager only, as long as she operates the proposed use at this location. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 2) John Hieb requested permission, as per site plan submitted, to permit the open storage of portable storage containers, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, all on Lot 1, Hieb Addition in the SE¼ Sect. 27-T123N-R64W, a.k.a. 2826 Highway 281 S. John Hieb was present to represent the property. Following discussion Grebner moved and VanDeRostyne seconded to approve with the following stipulations: 1) This approval is for the 4 units currently in place, any additional units would need further approval from this board, 2) The units may not be stored where they may interfere with necessary fire apparatus access, and 3) Property must be maintained in a neat and orderly manner at all times. Upon roll call, Weigel-nay, VanDeRostyne-aye, Babcock-aye, Grebner-aye, Winter-aye (1-nay,4-aye), the motion carried. SPECIAL EXCEPTION APPROVED . 3) Doug Roethler requested permission, as per site plan submitted, to 1) construct a (40’x48’) 1,920sf unattached garage in addition to an existing 1,040sf unattached garage for a total of 2,960sf of accessory structures rather than the permitted 1,300sf, which would be a 1,660sf Accessory Structure Lot Coverage Variance and 2) to permit 10.5’ tall sidewalls rather than the permitted 10’, which would be a .5’ Maximum Sidewall Height Variance and 3) to construct an 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 C in the SW¼SW¼ of Sect. 21-T123N-R63W, a.k.a. 1519 Melgaard Road S. Doug Roethler was present to represent the property. Following discussion Grebner moved and Winter seconded to deny. Upon roll call, Weigel-aye, VanDeRostyne-aye, Babcock-nay, Grebner-nay, Winter-aye (3- aye,2-nay), the motion carried. APPEAL DENIED . No further action taken. {00030371.DOC / 1} 1  Board of Zoning Adjustment September 7, 2017 4) Integrity Properties, SD, LLC and Beadle Auto Group 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 (C3/R4) Central Business/Special Density Residential Zoning District, all on Lots 8-12, Block 37, Second Addition, a.k.a. 111, 119 & 123 Sixth Avenue SW. Jerry Beadle was present to represent the property. Following discussion Weigel moved and Winter seconded to approve with the following stipulations: 1) A plat is approved combining all 3 properties into one lot, 2) The property is maintained in a neat and orderly manner at all times, 3) A manned office must be maintained with the open storage, 4) All vehicles must be licensed, operable, and available for sale, 5) Any and all signage must be approved and permitted prior to installation, 6) No vehicles may be stored in 35’ corner visibility triangles at intersections at 2nd St S and 6th Ave SW and alley at south end of property,7) Employee & customer parking required, and 8) Corner visibility triangles must be adhered to. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 5) Rod Tobin requested permission, as per site plan submitted, to 1) plat a lot with 77.35’ of frontage rather than the permitted 200’, which would be a 122.65’ Minimum Lot Frontage Variance and 2) to plat a lot that is .29 acres in size rather than the permitted 1 acre, which would be a .71 acre Minimum Lot Size Variance, all on Lot 2A, Welges First Addition, in the NW¼ of Sect. 1-T123N-R64W, a.k.a. Approximately 500’ South of the intersection of 130th Street NW on the East side of Fifth Street N. There being no representative present this item was moved to the end of the agenda. 6) Kendall Hedges requested permission, as per site plan submitted, to 1) plat a lot with 158.15’ of frontage rather than the required 200’, which would be a 41.85’ Minimum Lot Width Variance and 2) to plat a lot with 36’ of frontage rather than the required 200’, which would be a 164’ Minimum Lot Width Variance, all on Lot 1, Hedges First Subdivision, in the NE¼ of Sect. 26-T124N-R64W, a.k.a. 12849 387th Avenue. Kendall Hedges Sr & Kendall Hedges Jr were present to represent the property. Following discussion Grebner moved and Winter seconded to approve with the following stipulations: 1) An access easement must be granted to the front lot to utilize the existing driveway to back lot, 2) A non-access easement shall be required adjacent to 387th Ave to prevent any additional approaches at this location, 3) The applicants additional property to the West with no access must be combined with this plat, 4) Future construction must comply with all setback requirements, and 5) Plat must be approved and permits obtained prior to construction. Upon roll call, all members voting aye, the motion carried. MINIMUM LOT WIDT H VARIANCES APPROVED . 7) Steve Kinzler requested permission, as per site plan submitted, for existing residence to remain 3.5’ from the South property line rather than the required 5’, which would be a 1.5’ Building Variance, all on Lot 15, Block 34, Howard & Hedger Replat of Northwest Addition, a.k.a. 310 Jackson Street N. Steve Kinzler was present to represent the property. Following discussion Grebner moved and Weigel seconded to approve, all members voting aye, the motion carried. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 8) Dacotah Bank and The Brass Kettle, requested permission, as per site plan submitted, to 1) permit a 25sf blade sign rather than the required 16sf, which would be a 9sf Sign Variance and 2) to permit the installation of an internally illuminated blade sign, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 3, Dacotah Bank Addition, a.k.a. 322 Main Street S. Rob Fouberg and Travis Schaunaman were present to represent the {00030371.DOC / 1} 2  Board of Zoning Adjustment September 7, 2017 property. Following discussion agenda item #1 was withdrawn by the petitioners. No action taken. Following further discussion Grebner moved and Winter seconded to approve agenda item #2 with the following stipulations: 1) A sign permit must be obtained prior to installation of sign, and 2) A request that staff be given directive to sit down with the Aberdeen Downtown Association to discuss amending ordinance to a point to prevent these issues in the future. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . Rod Tobin and Rob Fouberg both expressed interested in serving on this committee. 5) Rod Tobin requested permission, as per site plan submitted, to 1) plat a lot with 77.35’ of frontage rather than the permitted 200’, which would be a 122.65’ Minimum Lot Frontage Variance and 2) to plat a lot that is .29 acres in size rather than the permitted 1 acre, which would be a .71 acre Minimum Lot Size Variance, all on Lot 2A, Welges First Addition, in the NW¼ of Sect. 1-T123N-R64W, a.k.a. Approximately 500’ South of the intersection of 130th Street NW on the East side of Fifth Street N. Rod Tobin was present to represent the property. Following discussion Grebner moved and Babcock seconded to deny, all members voting nay with Weigel abstaining, the motion failed. Following further discussion Grebner moved and Winter seconded to approve with the stipulation that non-access easements shall be required adjacent to Brown County 10 & 13 on Lots 1 & 2. Upon roll call, all members voting aye with Weigel abstaining, the motion carried. MINIMUM LOT FRONTAGE VARIANCE AND MINIMUM LOT SIZE VARIANCE APPROVED . In other business, Brett Bill reminded members to fill out and return the conflict of interest forms they received from the City Attorney. Brett Bill introduced George Jones as the new GIS/Planning Technician. Following further discussion VanDeRostyne moved and Winter seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary September 7, 2017 {00030371.DOC / 1} 3