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Board of Zoning Adjustment

Regular Meeting

Aberdeen, SD · February 14, 2019

AgendaMinutes

Minutes

Board of Zoning Adjustment February 14, 2019 BOARD OF ZONING ADJUSTMENT February 14, 2019 The Board of Zoning Adjustment Meeting was held on Thursday, February 14, 2019 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 Winter, Grebner, VanDeRostyne, Weigel, and Babcock. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Eric Miller, City Planner, Chad Nilson, Building Inspector, George Jones, GIS Technician, David Dosch, Code Enforcement Officer, 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 December 13, 2018, all members voting aye, the motion carried. OPEN FORUM – No one was present. 1) Kristin Asleson 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 16, Block 6, Nineteenth Addition to Highland North Subdivision, a.k.a. 202 Twenty-Second Avenue NE. Kristin Asleson was present to represent the property. Following discussion Grebner moved and VanDeRostyne 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) Shelby Ketterling 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 10, Block 1, Homes Are Possible Fifth Subdivision, a.k.a. 1002 Ash Lane. Shelby Ketterling was present to represent the property. Following discussion Grebner moved and VanDeRostyne 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 {00046449.DOC / 1} 1 Board of Zoning Adjustment February 14, 2019 with the City of Aberdeen. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 3) Bliss Kruse 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 15, Block 1, Clark’s Third Addition to Mel Ros Estates and Lot 15B, Francis Evelo Addition, a.k.a. 1813 Twelfth Avenue SE. Bliss Kruse was present to represent the property. Following discussion Grebner moved and VanDeRostyne 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 15, 2019, 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 . 4) Brian Bourdon requested permission, as per site plan submitted, to permit the construction of an accessory structure to permit the operation of a small engine repair business in an accessory structure, which would be an Appeal to the Board of Zoning Adjustment, all on The West 208’ of portion North of Railroad, in the NW¼ Sect. 22-T123N-R64W, except Road ROW, a.k.a. 2975 133rd Street SW. Brian Bourdon was present to represent the property. Following discussion Grebner moved and Weigel seconded to approve with the following stipulations: 1) This special exception is for Brian Bourdon only, as long as he is the owner/operator of proposed use, 2) All work and storage must take place in the proposed accessory building. No open storage of parts, junk, vehicles, etc., 3) Any signage must be approved and permitted prior to installation, 4) Prior to construction, plans must be approved & permit obtained, and 5) Property must be platted & rezoned to (M-AG) Mini- Agricultural District prior to permitting. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 5) Avera St. Luke’s and Presentation Sisters requested permission, as per site plan submitted, to construct an addition to the existing structure 5’ from the East property line rather than the required 20’, which would be a 15’ Building Variance, all on The South 732’ of the West 366’ of Highlands Outlot 3, in the SE¼ Sect. 12-T123N-R64W, a.k.a. 1002 Jay Street N. Ken Hubbart stated that this item was withdrawn by the petitioner. No action taken. Grebner moved and Weigel seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary February 14, 2019 {00046449.DOC / 1} 2

Agenda

AGENDA REGULARLY SCHEDULED MEETING ABERDEEN CITY BOARD OF ZONING ADJUSTMENT Thursday February 14, 2019 - 8:00 A.M. First Floor Council Chambers - Municipal Building I. Call to Order II. Roll Call III. Approval of Minutes 1) December 13, 2018 IV. Open Forum 8:00 – 8:10 A.M. (SEE FORMAT GUIDELINES AT END OF AGENDA) V. Old Business VI. New Business 1) Kristin Asleson requests 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 16, Block 6, Nineteenth Addition to Highland North Subdivision, a.k.a. 202 Twenty- Second Avenue NE. 2) Shelby Ketterling requests 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 10, Block 1, Homes Are Possible Fifth Subdivision, a.k.a. 1002 Ash Lane. 3) Bliss Kruse requests 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 15, Block 1, Clark’s Third Addition to Mel Ros Estates and Lot 15B, Francis Evelo Addition, a.k.a. 1813 Twelfth Avenue SE. 4) Brian Bourdon requests permission, as per site plan submitted, to permit the construction of an accessory structure to permit the operation of a small engine repair business in an accessory structure, which would be an Appeal to the Board of Zoning Adjustment, all on The West 208’ of portion North of Railroad, in the NW¼ Sect. 22-T123N-R64W, except Road ROW, a.k.a. 2975 133rd Street SW. 5) Avera St. Luke’s and Presentation Sisters request permission, as per site plan submitted, to construct an addition to the existing structure 5’ from the East property line rather than the required 20’, which would be a 15’ Building Variance, all on The South 732’ of the West 366’ of Highlands Outlot 3, in the SE¼ Sect. 12-T123N-R64W, a.k.a. 1002 Jay Street N. {00046451.DOCX / 1} VII. Other Business VIII. Adjournment FORMAT GUIDELINES: 1) Open forum provides an opportunity for the public to address the Aberdeen City Board of Zoning Adjustment with questions, concerns or comments on items, which are not on the agenda. Citizens are asked to sign up to speak prior to the open forum portion of the meeting. Open forum will be limited to 10 minutes (if no one is in attendance for the open forum, the regular meeting may begin) unless a majority of the Aberdeen City Board of Zoning Adjustment agrees to extend the time period. The open forum may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Open forum will not be used as a time for problem solving or reacting to the comments made, but, rather for hearing the citizen for informational purposes. The Aberdeen City Board of Zoning Adjustment may respond with request for city management to follow up and report back on any issue raised during the public address time. A presentation may not exceed two minutes in duration. 2) ADA Compliance: The City of Aberdeen fully subscribes to the provisions of the American’s With Disabilities Act. If you desire to attend this public meeting and are need of special accommodations, please notify the City Planning & Zoning Office at least 8 hours prior to the meeting so appropriate auxiliary aids and services can be made available. The Aberdeen City Board of Zoning Adjustment meets monthly on the second Thursday of each month at 8:00 a.m. 3) A copy of the subject matter on the Aberdeen City Board of Zoning Adjustment meeting agenda is available for public distribution at the City Planning & Zoning Office and available on the City’s website @ www.aberdeen.sd.us. {00046451.DOCX / 1}

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