Board of Zoning Adjustment

Board of Zoning Adjustment September 12, 2019 BOARD OF ZONING ADJUSTMENT September 12, 2019 The Board of Zoning Adjustment Meeting was held on Thursday, September 12, 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, Schumacher, Babcock, VanDeRostyne, and Weigel. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Eric Miller, City Planner, Barry Dunlavy, Building Inspector, George Jones, GIS Technician, David Dosch, Code Enforcement Officer, Stuart Nelson, Assistant City Engineer, Chris Brick, Building Inspector, and Paula Nelson, Board of Zoning Adjustment Secretary. Wegiel moved and Winter seconded to approve the Board of Zoning Adjustment minutes of August 8, 2019, all members voting aye, the motion carried. OPEN FORUM – No one was present. 1) Mike Jepsen requested permission, as per site plan submitted, to permit the open storage, parking or sale of licensed or unlicensed vehicles, tow trucks, and miscellaneous equipment, which would be a Special Exception in the (I-2) Unrestricted Industrial Zoning District, all on Lots 7-13, Block 65, Hagerty & Lloyd Addition and Vacated ROW, a.k.a. 317 First Avenue SE. Mike Jepsen was present to represent the property. Following discussion Schumacher moved and Weigel seconded to approve with the following stipulations: 1) All storage must take place behind opaque fence, 2) No storage, fences or structures in corner visibility triangles, 3) Building must be repaired to code after fire damage, 4) Property must be maintained in a neat and orderly manner at all times, 5) This special exception is for Mike Jepsen only, as long as he is the owner/operator of this proposed use, and 6) Must take measures to prevent vehicle fluids from leaking/pooling on the ground per Fire Marshal requirements. Clarence & Lori Habeck were in attendance to voice concern regarding the outside storage in relation to their building to the North. Following further discussion Winter made an amended motion to include the following stipulation: 7) Licensed and operable vehicles and tow trucks can be stored outside of the fence, seconded by VanDeRostyne. Upon roll call, Winter-aye, Schumacher-aye, Babcock-aye, VanDeRostyne-aye, Weigel – nay (4-aye, 1-nay), the amended motion carried. Upon roll call for original motion, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 2) GPHC, LLC requested permission, as per site plan submitted, to construct a wheelchair ramp 3.5’ from the West property line rather than the required 15’, which would be an 11.5’ Building Variance, all on Lots 15-16, Block 17, Hagerty & Lloyd Addition, a.k.a. 508 State Street N. Tim Rich was present to represent the property. Following discussion Weigel moved and VanDeRostyne seconded to approve with the following stipulations: 1) All required inspections have been completed, and 2) The old deck laying in the yard must be removed. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 3) Ryan Jessen requested permission, as per site plan submitted, for existing residence to remain .5’ from the North property line rather than the required 5’, which would be {00056090.DOC / 1} 1  Board of Zoning Adjustment September 12, 2019 a 4.5’ Building Variance, all on Lot 5 & the North 8’4” of Lot 6, Block 16, Hagerty & Lloyd Addition, a.k.a. 517 State Street N. Ryan Jessen was present to represent the property. Following discussion Weigel moved and Winter seconded to approve, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 4) Phyllis Anderson requested permission, as per site plan submitted, to construct a wheelchair ramp 3’ from the South property line rather than the required 15’, which would be a 12’ Building Variance, all on The East 10’ of Lot 12 & Lot 13, Block 19, Coe & Howard’s Addition, a.k.a. 911 Eighth Avenue SE. Ron Lyren was present to represent the property. Following discussion Weigel moved and VanDeRostyne seconded to approve, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 5) Miller & Holmes, Inc. requested permission, as per site plan submitted, to install a 5’4”x7’6” electronic message center as part of an 8’x8’ freestanding sign, which would be a Special Exception in the (C-3) Central Business District, all on Lot 1, M&H Addition, a.k.a. 202 Sixth Avenue SW. Cory Wiesenberger of Service Signs was present to represent the property. Following discussion VanDeRostyne moved and Schumacher seconded to approve with the following stipulations: 1) EMC must be operated in conformance with all sign regulations, including those pertaining to EMC’s, 2) No off-premise advertising, and 3) Sign permit must be obtained prior to installation. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 6) Kessler’s Real Estate Co, LLC and Titan Design & Construction requested permission, as per site plan submitted, to permit the open storage, parking or sale of raw materials, vehicles and equipment for a metal structure fabrication business, which would be a Special Exception in the (I-2) Unrestricted Industrial Zoning District, all on Vaughan’s Lot 2, Saint Luke’s Midland Regional Medical Center Addition, a.k.a. 715 Sixth Avenue SE. Brandon Shuey was present to represent the property. Following discussion VanDeRostyne moved and Schumacher seconded to deny, all members voting nay, the motion failed. Following further discussion VanDeRostyne moved and Weigel seconded to approve with the following stipulations: 1) All storage and manufacturing must take place indoors or below the height of an opaque fence (chain-link fence with slats is ok), 2) property must be maintained in a neat and orderly manner at all times, and 3) Must meet all Fire Marshal requirements. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . Weigel moved and Schumacher seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary September 12, 2019 {00056090.DOC / 1} 2