Board of Zoning Adjustment

Board of Zoning Adjustment December 13, 2018 BOARD OF ZONING ADJUSTMENT December 13 , 2018 The Board of Zoning Adjustment Meeting was held on Thursday, December 13, 2018 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 Schumacher, Winter, Babcock, Grebner, and Weigel. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Eric Miller, City Planner, Chad Nilson, Building Inspector, George Jones, GIS Technician, Barry Dunlavy, Building Inspector, David Dosch, Code Enforcement Officer, and Paula Nelson, Board of Zoning Adjustment Secretary. Grebner moved and Schumacher seconded to approve the Board of Zoning Adjustment minutes of November 8, 2018, all members voting aye, the motion carried. OPEN FORUM – No one was present. 1) Alicia Garrett 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 & the North ½ Lot 2, Block 4, First Addition to the Highlands, a.k.a. 1423 State Street N. There being no representative present, this item was moved to the end of the agenda. 2) Kevin O’Malley requested permission, as per site plan submitted, for 1) existing residence to remain 14’ from the North property line rather than the required 25’, which would be an 11’ Building Variance and 2) 9.5’ from the East property line rather than the required 15’, which would be a 5.5’ Building Variance and 3) front deck to remain 8’ from the North property line rather than the required 15’, which would be a 7’ Building Variance, and 4) existing unattached garage to remain 0’ from the West property line rather than the required 5’, which would be a 5’ Building Variance and 5) 1’ 4” from the South property line rather than the required 5’, which would be a 3’8” Building Variance and 6) 16’ from the East property line rather than the required 25’, which would be a 9’ Building Variance, all on Lot 1, Block 6, Woolverton Addition, a.k.a. 832 Eighth Avenue SE. Kevin O’Malley was present to represent the property. Following discussion Grebner moved and Winter seconded to approve, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . 1) Alicia Garrett 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 & the North ½ Lot 2, Block 4, First Addition to the Highlands, a.k.a. 1423 State Street N. Alicia Garrett 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 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 {00045737.DOC / 1} 1  Board of Zoning Adjustment December 13, 2018 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 . 3) Ellsbee Properties, LLC requested permission, as per site plan submitted, to plat a lot in a (R-3) High Density Residential District that is 42.5’ wide rather than the required 50’, which would be a 7.5’ Minimum Lot Width Variance, all on Proposed Lot 2, HHS Properties Fourth Subdivision, a.k.a. 1914 Miller Lane. Troy Holtey was 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 . 4) Josh Gross requested permission, as per site plan submitted, to plat a lot in a (M-Ag) Mini-Agricultural Zoning District that is 188.39’ wide rather than the required 200’, which would be an 11.61’ Minimum Lot Width Variance, all on Proposed Lot 1, J and J Gross Addition in the NE¼ Sect. 33-T124N-R64W, a.k.a. 12945 385th Avenue. Joe Gross was present to represent the property. Following discussion Grebner moved and Winter seconded to approve, all members voting aye, the motion carried. MINIMUM LOT WIDTH VARIANCE APPROVED . 5) JR&R II, LLC requested permission, as per site plan submitted, to permit the open storage, parking or sale of miscellaneous merchandise, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, all on Lots 21-24, Block 17, East Park Addition and ½ Vacated Alley, a.k.a. 1802 Third Avenue SE. Scott Sikkink of HKG Architects was present to represent the property. Following discussion Grebner moved and Winter seconded to approve with the following stipulations: 1) A plat combining property with Running’s lot must be filed with the Brown County Register of Deeds, 2) Lot must be fenced, 3) Any required landscaping must be completed, 4) No storage allowed in a 35’ corner visibility triangle, and 5) Property must be maintained in a neat and orderly manner at all times. Upon roll call, all members voting aye with Weigel abstaining, the motion carried. SPECIAL EXCEPTION APPROVED . Chairman Babcock stepped down and turned the meeting over to Weigel. 6) Teton Development, LLC requested permission, as per site plan submitted, to plat a lot with 0’ of frontage on a Public ROW, rather than the required 75’, which would be a 75’ Minimum Lot Frontage Variance, all on Lot 2, Teton Development First Subdivision, a.k.a. 2727 Sixth Avenue SE. Randy Bacon of Helms Engineering was present to represent the property. Following discussion Schumacher moved and Grebner seconded to deny, all members voting nay with Babcock abstaining, the motion failed. Following further discussion Schumacher moved and Grebner seconded to deny, all members voting aye with Babcock abstaining, the motion carried. Following further {00045737.DOC / 1} 2  Board of Zoning Adjustment December 13, 2018 discussion Schumacher moved and Grebner seconded to approve a lot with 24’ of frontage on a Public ROW, rather than the required 75’, which would be a 51’ variance with the stipulation that all building and fire department stipulations must be met and an access easement on the West side must be platted. Upon roll call, all members voting aye with Babcock abstaining, the motion carried. MINIMUM LOT FRONTAGE VARIANCE APPROVED . Acting Chairman Weigel stepped down and turned the meeting over to Babcock. 7) Rivett Family Trust requested permission, as per site plan submitted, to construct a 3,496sf building 25’ from the East property line rather than the required 45’, which would be a 20’ Building Variance, all on Lot 3A, Rivett Sixth Avenue Second Addition, a.k.a. 506 Harvard Street S. Attorney Adam Altman & Jeff Heiser were present tor represent the property. Following discussion Schumacher moved and Grebner seconded to deny. Upon roll call, Weigel-aye, Grebner-nay, Babcock-nay, Winter-nay, Schumacher-aye (2- aye,3-nay), the motion fails. Following further discussion Grebner moved and Winter seconded to approve. Upon roll call, Weigel-nay, Grebner-aye, Babcock-aye, Winter- aye, Schumacher-aye (4-aye,1-nay), the motion carried. BUILDING VARIANCE APPROVED . 8) Chad Becker requested permission, as per site plan submitted, to 1) permit the operation of a business in an accessory structure, which would be an Appeal to the Board of Zoning Adjustment in the (M-Ag) Mini-Agriculture District, and 2) to permit the open storage of work vehicles, trailers and items associated with the business, which would be an Appeal to the Board of Zoning Adjustment, and 3) to install a wall sign that is 32sf in size rather than the required 8sf, which would be a 24sf Sign Variance, all on Lot 30, Fischer Estates in the SW¼ Sect. 26-T124N-R64W of the 5th PM, Brown County, SD, a.k.a. 12878 Fairfield Drive. This item was withdrawn by the petitioner. No action taken. 9) Marlys Schmitz requested permission, as per site plan submitted, for 1) existing residence to remain 9.6’ from the North property line rather than the required 10’, which would be a .4’ Building Variance and 2) 20.2’ from the East property line rather than the required 35’, which would be a 14.8’ Building Variance, and 3) 7.7’ from the South property line rather than the required 15’, which would be a 7.3’ Building Variance and 4) for existing canopy to remain 0’ from the South property line rather than the required 15’, which would be a 15’ Building Variance, and 5) for existing shed to remain 9.8’ from the West property line rather than the required 10’, which would be a .2’ Building Variance, all on Proposed Lot 3, Spaulding’s Sixth Addition, a.k.a. 1405 Kline Street N. This item was withdrawn by the petitioner. No action taken. 10) Ann Paradise requested permission, as per site plan submitted, for 1) existing residence to remain 20’ from the East property line rather than the required 35’, which would be a 15’ Building Variance and 2) existing shed to remain 1.3’ from the West property line rather than the required 10’, which would be an 8.7’ Building Variance and 3) 4.3’ from the South property line rather than the required 10’, which would be a 5.7’ Building {00045737.DOC / 1} 3  Board of Zoning Adjustment December 13, 2018 Variance, all on Proposed Lot 2, Spaulding’s Sixth Addition, a.k.a. 1411 Kline Street N. This item was withdrawn by the petitioner. No action taken. {00045737.DOC / 1} 4  Board of Zoning Adjustment December 13, 2018 11) Delila Hettich requests permission, as per site plan submitted, for 1) existing residence to remain 19.9’ from the East property line rather than the required 35’, which would be a 15.1’ Building Variance, and 2) 6.5’ from the South property line rather than the required 10’, which would be a 3.5’ Building Variance, all on Proposed Lot 1, Spaulding’s Sixth Addition, a.k.a. 1421 Kline Street N. This item was withdrawn by the petitioner. No action taken. 12) Steven D. Smith requested permission, as per site plan submitted, to allow the open storage of one unlicensed vehicle in violation of Section 26-118(c)(5) of the Revised Ordinances of the City of Aberdeen, which would be an Appeal to the Board of Zoning Adjustment, all on The West 5’ of Lot 3 and Lot 4, Block 18, Highland Park Addition, a.k.a. 1415 Eighth Avenue SW. Steve Smith was present to represent the property. Following discussion Grebner moved and Schumacher seconded to deny, all members voting aye, the motion carried. APPEAL DENIED . Weigel moved and Grebner seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary December 13, 2018 {00045737.DOC / 1} 5