Board of Zoning Adjustment

Board of Zoning Adjustment November 9, 2017 BOARD OF ZONING ADJUSTMENT November 9 , 2017 The Board of Zoning Adjustment Meeting was held on Thursday, November 9, 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 Babcock, Grebner, Schumacher, and Weigel. VanDeRostyne 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, Stuart Nelson, Assistant City Engineer, and Paula Nelson, Board of Zoning Adjustment Secretary. Grebner moved and Weigel seconded to approve the Board of Zoning Adjustment minutes of October 12, 2017, all members voting aye, the motion carried. 1) Tanya Reszler 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 Lot 25, Block 7, Nineteenth Addition to Highland North Addition, a.k.a. 216 Twenty First Avenue NE. Corey Reszler was present to represent the property. Following discussion Grebner moved and Schumacher 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 June 1, 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 . 2) Breanne Coughlin 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 7, Block 4, HAPI Fourth Central Subdivision, a.k.a. 2309 Merton Street S. Breanne Coughlin was present to represent the property. Following discussion Grebner moved and Weigel 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 June 1, 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) {00031094.DOC / 1} 1  Board of Zoning Adjustment November 9, 2017 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 . 3) Wagner Holdings, LLC and Premier Auto requested permission, as per site plan submitted, to permit the open storage, parking and sale of vehicles, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, all on Lot 1, Second Overpass Addition, a.k.a. 103 Second Street N. Mike Jepsen of Premier Auto was present to represent the property. Following discussion Grebner moved and Weigel seconded to approve with the following stipulations: 1) Property must be maintained in a neat and orderly manner at all times, 2) Property must be fenced or screened and all landscape requirements must also be adhered to, 3) All vehicles must be licensed, operable and in good repair, 4) No items other than vehicles may be stored on lot, 5) No storage in corner visibility triangles or Public R.O.W., 6) Parking must take place on a hard surface to be installed prior to storage, and 7) This approval is for Mike Jepsen of Premier Auto only. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 4) Jon Buchele requested permission, as per site plan submitted, for 1) existing residence to remain 3’ from the North property line rather than the required 5’, which would be a 2’ Building Variance and 2) 18’ from the East property line rather than the required 25’, which would be a 7’ Building Variance in order to 3) construct a front deck 11’ from the East property line rather than the required 15’, which would be a 4’ Building Variance, all on Lot 5, Block 37, Thomas Addition, a.k.a. 1218 Lincoln Street S. There being no representative present this item was moved to the end of the agenda. 5) Tom Rux requested permission, as per site plan submitted, to 1) construct a 7’x14’ storage shed 6’ from the West property line rather than the required 25’, which would be a 19’ Building Variance and 2) to construct shed 4’ from the South property line rather than the required 5’, which would be a 1’ Building Variance, all on Lot 1, Rux Addition, a.k.a. 123 Ninth Avenue SW. Tom Rux was present to represent the property. Following discussion Weigel moved and Grebner seconded to deny, all members voting nay, the motion carried. BUILDING VARIANCES DENIED . 6) Francis Jensen requested permission, as per site plan submitted, to 1) install a 3’x10’ internally illuminated wall sign, which would be an Appeal to the Board of Zoning Adjustment in the Aberdeen Commercial Historic District, and 2) to install a wall sign that does not include a 3-D element protruding at least 1 inch from the flat portion of the sign, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 2, Jensen’s Corner Subdivision, a.k.a. 12 Sixth Avenue SW. Brady Byram and Jordon Moench of QQP Signs were present to represent the property. Following discussion Grebner moved and Schumacher seconded to approve with the stipulation that a sign permit be issued prior to the erection of the sign. Upon roll call, all members voting aye, the motion carried. APPEALS APPROVED . 7) Francis Jensen requested permission, as per site plan submitted, to 1) install a 3’x8’ off- premise sign panel on an existing freestanding sign structure, which would be an Appeal to the Board of Zoning Adjustment, and 2) to install a 3’x8’ internally illuminated freestanding sign panel, which would be an Appeal to the Board of Zoning Adjustment in {00031094.DOC / 1} 2  Board of Zoning Adjustment November 9, 2017 the Aberdeen Commercial Historic District, all on Lot 1, Jensen’s Corner Subdivision, a.k.a. 518 Main Street S. Brady Byram and Jordon Moench of QQP Signs were present to represent the property. Following discussion Grebner moved and Schumacher seconded to deny, all members voting nay, the motion carried. Following further discussion Grebner moved and Schumacher seconded to approve with the stipulation that a sign permit must be issued prior to the erection of the sign. Upon roll call, all members voting aye, the motion carried. 4) Jon Buchele requested permission, as per site plan submitted, for 1) existing residence to remain 3’ from the North property line rather than the required 5’, which would be a 2’ Building Variance and 2) 18’ from the East property line rather than the required 25’, which would be a 7’ Building Variance in order to 3) construct a front deck 11’ from the East property line rather than the required 15’, which would be a 4’ Building Variance, all on Lot 5, Block 37, Thomas Addition, a.k.a. 1218 Lincoln Street S. Jon Buchele was present to represent the property. Following discussion Grebner moved and Wiegel seconded to approve agenda items #1 and #2, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . Following further discussion Grebner moved and Weigel seconded to approve agenda item #3 with the following stipulations: 1) All required inspections must be completed, and 2) Property lines must be located to verify setbacks at time of inspection. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . Following further discussion Grebner moved and Weigel seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary November 9, 2017 {00031094.DOC / 1} 3