Board of Zoning Adjustment

Board of Zoning Adjustment October 12, 2017 BOARD OF ZONING ADJUSTMENT October 12 , 2017 The Board of Zoning Adjustment Meeting was held on Thursday, October 12, 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 Weigel, VanDeRostyne, Babcock, Musel, and Schumacher. Grebner 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, Barry Dunlavy, Building Inspector, and Stuart Nelson, Assistant City Engineer. VanDeRostyne moved and Weigel seconded to approve the Board of Zoning Adjustment minutes of September 7, 2017, all members voting aye, the motion carried. 1) Shantel Nikolas 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 Lots 19-21, Block 18, Corrected Plat of the Highlands, a.k.a. 1316 Second Street N. Shantel Nikolas was present to represent the property. Following discussion Musel moved and Schumacher 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) Tara Englund 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 Plot B of Lot 2, Elmwood Acres Addition and the West 65’ of Lot 5, Campbell’s Subdivision, a.k.a. 111 Fifteenth Avenue NE. Tara Englund was present to represent the property. Following discussion Weigel moved and Musel 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 {00030699.DOC / 1} 1  Board of Zoning Adjustment October 12, 2017 licensed with the City of Aberdeen. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 3) Alissa Artz 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 1, Fischer Highland Addition, a.k.a. 1224 State Street N. There being no representative present this item was moved to the end of the agenda. 4) 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 & the South 71’ of Lot 12, Block 30, Thomas Addition, a.k.a. 722 Jay Street S. Teresa McCoy was present to represent the property. Following discussion Musel moved and Weigel seconded to deny. Upon roll call, Weigel-aye, VanDeRostyne-nay, Babcock-aye, Musel-nay, and Schumacher-aye (3-aye,2-nay), the motion carried. APPEAL DENIED . 5) Roncalli High School requested permission, as per site plan submitted, 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 in a (R-2) Medium Density Residential Zoning District, all on Lot 1, Central Catholic High School Addition, a.k.a. 1400 Dakota Street N. Corey Helms and Billy Young were present to represent the property. Following discussion VanDeRostyne moved and Weigel seconded to deny. Upon roll call, Weigel-aye, VanDeRostyne-aye, Babcock-abstain, Musel-nay, Schumacher-aye (3- aye,1-nay,1-abstain). Following further discussion Weigel moved and Musel 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) 4’ Brick Wainscot must be installed on all four sides. Upon roll call, all members voting aye with Babcock abstaining, the motion carried. APPEAL APPROVED . 3) Alissa Artz 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 1, Fischer Highland Addition, a.k.a. 1224 State Street N. Alissa Artz was present to represent the property. Following discussion Weigel moved and Musel 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 May 31, 2018, 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 . {00030699.DOC / 1} 2  Board of Zoning Adjustment October 12, 2017 6) Rich Conn requested permission, as per site plan submitted, for 1) existing residence to remain 16’5” from the East property line rather than the required 25’, which would be a 8’7” Building Variance in order to 2) construct or replace two additions that are 16’5” from the East property line rather than the required 25’, which would be a 8’7” Building Variance and 3) to construct a front landing and stairs 10’ from the East property line rather than the required 15’, which would be a 5’ Building Variance, all on the East 101’ of Lot 1, Block 50, Thomas Addition, a.k.a. 1002 Second Street S. Rich Conn was present to represent the property. Following discussion Musel 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, 3) All required inspections must be completed, and 4) Plat must be submitted. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . 7) Dennis Stoebner requested permission, as per site plan submitted, to install five replacement 30,000 gallon fertilizer tanks and four additional 30,000 gallon fertilizer tanks at an existing fertilizer storage facility, which would be an Appeal in the (C-2) Highway Commercial Zoning District, all on Stoebner Outlot 1, Stoebner Addition, a.k.a. 4750 Highway 12 E. Dennis Stoebner was present to represent the property. Following discussion Musel 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, 3) All required inspections must be completed, and 4) All Fire Marshal recommendations must be complied with. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 8) Evergreen Properties and Verizon Wireless requested permission, as per site plan submitted, to 1) construct a new telecommunication tower, which would be a Special Exception in a (C-2) Highway Commercial Zoning District, and 2) to construct a telecommunication tower that is 99’ tall rather than the required 45’, which would be a 54’ Maximum Structure Height Variance, all on the South 267’ of Outlot O Except 1’ on West Side, Lincoln & Boyd’s Subdivision of Lincoln Outlot S, except H1 & H2, a.k.a. 1515 Sixth Avenue SE. Sam Mandolfo was present to represent the property. Following discussion VanDeRostyne moved and Babcock seconded to approve with the following stipulations: 1) Notice must be given to Avera St. Luke’s & Sanford Hospital providing location & height of tower. A written response from both hospitals must be provided prior to permitting, 2) Property must be replatted prior to construction, 3) Plans must be approved and permit obtained prior to construction, 4) Obsolete tower must be removed, and 5) All required inspections must be completed. Upon roll call, Weigel-nay, VanDeRostyne-aye, Babcock-aye, Musel-aye, Schumacher-abstain (3-aye,1-nay, 1- abstain), the motion failed. SPECIAL EXCEPTION DENIED . 9) Theodore J. Lepkowski requested permission, as per site plan submitted, to Appeal the Notice and Order to Demolish the Structure(s) located on Lots 3&4, Block 10, North Aberdeen Addition, a.k.a. 115 Main Street N. Attorney Jay Gellhaus was present to represent the property. Following discussion Weigel moved and Musel seconded to deny, all members voting nay, the motion failed. Following further discussion Weigel moved and VanDeRostyne seconded to approve with the stipulation that the building located at 115 Main St N shall be demolished and properly disposed of by November {00030699.DOC / 1} 3  Board of Zoning Adjustment October 12, 2017 22, 2017. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 10) Dennis & Sharon Ragels requested permission, as per site plan submitted, for 1) existing residence to remain 20’8” from the West property line rather than the required 25’, which would be a 4’4” Building Variance and 2) to construct an uncovered deck and stairs 11’4” from the West property line rather than the required 15’, which would be a 3’8” Building Variance, all on Lots 9-10, Block 3, Hagerty & Lloyd Addition, a.k.a. 704 State Street N. Sharon Ragels was present to represent the property. Following discussion VanDeRostyne moved and Musel 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 . 11) Mario Mena Casas requested permission, as per site plan submitted, for 1) existing residence to remain 24’ from the East property line rather than the required 25’, which would be a 1’ Building Variance and 2) to replace 6’x18’ covered front porch 24’ from the East property line rather than the required 25’, which would be a 1’ Building Variance, and 3) for existing residence to remain 3’ from the South property line rather than the required 5’, which would be a 2’ Building Variance and 4) for the deck and stairs to remain 0’ from the South property line rather than the required 5’, which would be a 5’ Building Variance, all on Lot 2, Block 23, First Addition to Aberdeen, a.k.a. 408 Third Street S. Mario Mena Casas was present to represent the property. Following discussion VanDeRostyne 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, 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. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . 12) Skyline Recreation, Inc. requested permission, as per site plan submitted, to 1) permit the installation of a second freestanding sign, which would be an Appeal to the Board of Zoning Adjustment and 2) to increase the size of existing second freestanding sign from 40sf to 60sf, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 5, Skywag Addition, a.k.a. 1314 Eighth Avenue NW. There being no representative present this item was moved to the end of the agenda. 13) SDN Communications requested permission, as per site plan submitted, to permit the installation of a 35’ tall cellular tower in Public ROW, which would be an Appeal to the Board of Zoning Adjustment, located in Public ROW adjacent to 1002 Jay Street N. Chris Haiar was present to represent the property. Following discussion VanDeRostyne moved and Musel seconded to approve. Upon roll call, all members voting aye with Schumacher abstaining, the motion carried. APPEAL APPROVED . 14) Gale Gunderson requested permission, as per site plan submitted, to 1) construct a mini-storage facility, which would be a Special Exception in a (C-2) Highway Commercial Zoning District 2) 25’ from the North property line rather than the required 35’, which would be a 10’ Building Variance and 3) 40’ in width rather than the required {00030699.DOC / 1} 4  Board of Zoning Adjustment October 12, 2017 30’, which would be a 10’ Maximum Width Variance, all on Lot 1, Gulden’s First Subdivision in the NE¼ of Sect. 27-T123N-R64W, a.k.a. 1804 Highway 281 S. Gale Gunderson was present to represent the property. Following discussion VanDeRostyne called the question. Upon roll call, VanDeRostyne moved and Musel seconded to deny agenda item #1, all member voting aye, the motion carried. SPECIAL EXCEPTION DENIED . No action taken on agenda items #2 and #3. Chairman Babcock stepped down as Chairman and exited the meeting. Acting Chairman Weigel proceeded with New Business as follows: 12) Skyline Recreation, Inc. requested permission, as per site plan submitted, to 1) permit the installation of a second freestanding sign, which would be an Appeal to the Board of Zoning Adjustment and 2) to increase the size of existing second freestanding sign from 40sf to 60sf, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 5, Skywag Addition, a.k.a. 1314 Eighth Avenue NW. Jon Osborne was present to represent the property. Following discussion VanDeRostyne moved and Musel seconded to deny, all members voting nay, the motion failed. Following further discussion Schumacher moved and Musel seconded to approve with the following stipulations: 1) Sign permit must be obtained prior to installation, 2) Sign must be removed within 2 years or upon sale of property, whichever occurs first, 3) When sign is removed, it may not be replaced with any other sign, and 4) If approved, no additional real estate signs may be placed on any of the parcels for sale. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . Following further discussion VanDeRostyne moved and Musel seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary October 12, 2017 {00030699.DOC / 1} 5