Board of Zoning Adjustment

Board of Zoning Adjustment December 14, 2017 BOARD OF ZONING ADJUSTMENT December 14 , 2017 The Board of Zoning Adjustment Meeting was held on Thursday, December 14, 2017 in the Aberdeen City Hall, First Floor Council Chambers, Aberdeen, South Dakota with Weigel presiding as Acting Chairman. Chairman Weigel called the meeting to order. Members present at roll call were VanDeRostyne, Schumacher, Winter, Grebner, and Weigel. Babcock was absent. Also present were Ken Hubbart, City Planner, Chad Nilson, Building Inspector, Shane Smith, Code Enforcement Officer, Eric Miller, City Planner, George Jones, GIS Technician, Stuart Nelson, Assistant City Engineer, and Paula Nelson, Board of Zoning Adjustment Secretary. Grebner moved and Winter seconded to approve the Board of Zoning Adjustment minutes of November 9, 2017, all members voting aye, the motion carried. 1) Chaska Carrico 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 15, Block 2, Golden Acres First Subdivision, a.k.a. 706 High Street N. Chaska Carrico 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) Marvin & Wanda Reszler requested permission, as per site plan submitted, to plat a lot in a (R3/R4) High Density/Special Density Residential Zoning District that is 45’ wide rather than the required 50’, which would be a 5’ Minimum Lot Width Variance, all on Proposed Lot 1, Reszler Addition to Aberdeen, a.k.a. 1024 Washington Street S. Marvin Reszler and Scott Johnston were present to represent the property. Following discussion Grebner moved and Schumacher seconded to approve, all members voting aye, the motion carried. MINIMUM LOT WIDTH VARIANCE APPROVED . 3) Lois Pletten and Chastidy Pletten requested permission, as per site plan submitted, to 1) plat a lot in a (R-3) High Density Residential Zoning District that is 42’ wide rather than the required 50’, which would be an 8’ Minimum Lot Width Variance, and 2) request permission for existing residence to remain 16.5’ from the North property line rather than the required 25’, which would be an 8.5’ Building Variance and 3) 3’ from the East property line rather than the required 5’, which would be a 2’ Building Variance, and 4) for existing front deck to remain 11.5’ from the North property line rather than the required 15’, which would be a 3.5’ Building Variance, all on Proposed Lot 1, Pletten First Addition to the City of Aberdeen, South Dakota, a.k.a. 112 Third Avenue NE. Lois Pletten was present to represent the property. Following discussion Grebner moved and Schumacher seconded to approve agenda item #1, all members voting aye, the motion carried. Following further discussion {00031397.DOC / 1} 1  Board of Zoning Adjustment December 14, 2017 Grebner moved and VanDeRostyne seconded to approve agenda items #2 - #4, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . 4) Camlin Investments requested permission, as per site plan submitted, to plat a lot in a (R-3) High Density Residential Zoning District that is 62’ in depth rather than the required 100’, which would be a 38’ Minimum Lot Depth Variance, all on Proposed Lot 1, Camlin Addition to the City of Aberdeen, South Dakota, a.k.a. 2117 Goodrich Avenue SE. Brian Jarvis was present to represent the property. Following discussion Grebner moved and Schumacher seconded to approve, all members voting aye, the motion carried. MINIMUM LOT DEPTH VARIANCE APPROVED . 5) Wagner Holdings, LLC and Dave Welling requested permission, as per site plan submitted, to permit the operation of a microbrewery, which would be an Appeal to the Board of Zoning Adjustment in the (C-3) Central Business District, all on The South ½ of Lots 7-8, Block 42, Second Addition, a.k.a. 719 Main Street S. Dave Welling was present to represent the property. Samuel Bobby of 11 8th Ave SE was present and voiced concern regarding parking and sale of alcohol at this facility. Ken Hubbart explained that in the C-3 (Central Business District) neither of those issues are regulated by the City Ordinances. 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 setback must be verified, and 3) All required inspections must be completed. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 6) Leonard Evangelisto requested permission, as per site plan submitted, to appeal the notice and order to demolish the rear portion of an apartment house as ordered by the Code Enforcement Department, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 4, Block 23, First Addition, a.k.a. 416 Third Street S. There being no representative present this item was moved to the end of the agenda. 7) Jean Hurlbert and Troy Holty requested permission, as per site plan submitted, to 1) plat a lot with 56.5’ of frontage in a (R-2) Medium Density Residential Zoning District, rather than the required 60’, which would be a 3.5’ Minimum Lot Width Variance and 2) to plat a lot with 52.62’ of frontage rather than the required 60’, which would be a 7.38’ Minimum Lot Width Variance and 3) to plat a lot with 52.62’ of frontage rather than the required 60’, which would be a 7.38’ Minimum Lot Width Variance, and 4) to plat a lot with 48.54’ of frontage rather than the required 60’, which would be a 11.46’ Minimum Lot Width Variance, and 5) to plat a lot with 49.14’ of frontage rather than the required 60’, which would be a 10.86’ Minimum Lot Width Variance, and 6) to plat a lot with 46.63’ of frontage rather than the required 60’, which would be a 13.37’ Minimum Lot Width Variance, and 7) to construct townhomes 0’ from the South property line of lots 1, 3 and 5, rather than the required 8’, which would be three 8’ Building Variances and 8) to construct townhomes 0’ from the North property line of lots 2, 4 and 6, which would be three 8’ Building Variances, all on Lot 1, Hurlbert Second Addition, a.k.a. 1614 Olive Drive. Jarrod Kanaas was present to represent the property. Following discussion Grebner moved and VanDeRostyne seconded to approve with the following stipulations: 1) Plat must be approved & filed with the Brown County Register of Deeds, 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, and 4) All required inspections must be completed, and 5) Individual water & sewer services be provided as outlined in Section 54-53 of the Aberdeen City Code: Specifically that each distinct premises be provided with a separate water service. Upon roll call, all members {00031397.DOC / 1} 2  Board of Zoning Adjustment December 14, 2017 voting aye, the motion carried. MINIMUM LOT WIDTH VARIANCES & BUILDING VARIANCES APPROVED. 8) Carla Wendt and Leslie Barbour requested permission, as per site plan submitted, to construct a house and attached garage 10’ from the South property line rather than the required 15’, which would be a 5’ Building Variance, all on Lot 13, Block 23, Hagerty & Lloyd Addition, a.k.a. 301 Fourth Avenue NE. Jon Schaff 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 VARIANCE APPROVED . 9) Possible revocation of the Special Exception for the operation of a salvage yard for marine and other similar types of used vehicles, parts and materials in an (I-2) Unrestricted Industrial Zoning District that was granted by the Board of Zoning Adjustment on June 8, 2017, all on Lots 7-12, Block 39, Bennett & Thomas Addition, a.k.a. 102 Third Street N. Jeffrey Hieb and Attorney Chris Haar were present to represent the property. Following discussion Schumacher moved and Weigel seconded to approve the partial revocation of the Special Exception to allow open storage only within fenced property with no storage outside of fence or property lines with the following stipulations: 1) Mr. Hieb must maintain his salvage license with the City as long as operates, 2) 8’ tall fence must be maintained at all times, 3) Absolutely no storage outside of fence or on adjacent properties (i.e. the railroad property to South, adjacent boulevards or open spaces at corner visibility triangles), 4) All off-premise storage must cease immediately, 5) All existing building or zoning code violations must be remedied immediately, 6) No storage of anything exceeding the height of fence, 7) No illegal or unpermitted signage on property, 8) Property must be maintained in a neat and orderly manner at all times, 9) Special Exception is valid for Jeff Hieb only, as long as he is owner/operator of this use, and 10) Absolutely no parking of any boats/trailers, vehicles, etc. on any adjacent public street at any time. Upon roll call, all members voting aye, the motion carried. 6) Leonard Evangelisto requested permission, as per site plan submitted, to appeal the notice and order to demolish the rear portion of an apartment house as ordered by the Code Enforcement Department, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 4, Block 23, First Addition, a.k.a. 416 Third Street S. Leonard Evangelisto was present to represent the property. Following discussion VanDeRostyne moved and Winter seconded to deny, all members voting nay, the motion failed. Following further 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 January 15, 2018 with all permitted work to be completed within 180 days, 2) Property pins must be located for inspection and setbacks must be verified, 3) All required inspections must be completed. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . Following further discussion Grebner moved and Winter seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary December 14, 2017 {00031397.DOC / 1} 3