Board of Zoning Adjustment

Board of Zoning Adjustment October 3, 2019 BOARD OF ZONING ADJUSTMENT October 3 , 2019 The Board of Zoning Adjustment Meeting was held on Thursday, October 3, 2019 in the Aberdeen City Hall, First Floor Council Chambers, Aberdeen, South Dakota with Weigel presiding as Acting Chairman. Acting Chairman Weigel called the meeting to order. Members present at roll call were Fjeldheim, Weigel, Grebner, Schumacher, and VanDeRostyne. Babcock was absent. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Barry Dunlavy, Building Inspector, George Jones, GIS Technician, David Dosch, Code Enforcement Officer, Chris Brick, Building Inspector, Chad Nilson, Fire Marshal, and Paula Nelson, Board of Zoning Adjustment Secretary. Grebner moved and Schumacher seconded to approve the Board of Zoning Adjustment minutes of September 17, 2019, all members voting aye, the motion carried. OPEN FORUM – No one was present. 1) Tami Mielke requested permission, as per site plan submitted, to permit the operation of a daycare as a home occupation, which would be a Special Exception in a (R-3) High Density Residential Zoning District, all on The East 23’ of Lot 6 and Lot 7, Block 4, Woolverton Addition, a.k.a. 725 Eighth Avenue SE. Tami Mielke 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 30, 2020, 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) Michael Carrels requested permission, as per site plan submitted, to permit a 528sf freestanding sign rather than the permitted 300sf, which would be a 228sf Freestanding Sign Size Variance, all on Lot 1, C-Express Second Subdivision, a.k.a. 2303 Sixth Avenue SE. Michael Carrels was present to represent the property. Following discussion Grebner moved and Schumacher seconded to deny. Upon roll call, all members voting nay, the motion failed. Following further discussion Grebner moved and Fjeldheim seconded to approve with the stipulation that sign permits must be obtained prior to installation of proposed signs. Upon roll call, all members voting aye, the motion carried. FREESTANDING SIGN SIZE VARIANCE APPROVED . {00056600.DOC / 1} 1  Board of Zoning Adjustment October 3, 2019 3) Ken’s Supermarkets, Inc. requested permission, as per site plan submitted, to 1) separate an existing structure into two with 0’ between the adjacent portions rather than the required 10’, which would be a 10’ Setback Variance, and 2) to permit 3 freestanding signs rather than the permitted 1 to remain on proposed Lot 1, which would be a 2 freestanding sign variance, all on Lot A, Super City Corner Subdivision (Proposed Lots 1-3, Ken’s Supermarket First Addition to the City of Aberdeen, a.k.a. 2105 Sixth Avenue SE. Heath Johnson of Dakota Plains Real Estate & Development, Inc. was present to represent the property. Following discussion Grebner moved and Schumacher seconded to approve agenda item #1 with the following stipulations: 1) Plat must be approved and filed with Register of Deeds Office, 2) Any and all Building & Fire Code requirements and modifications resulting from this action must be met, 3) A shared parking agreement must be filed with the plat to allow the 3 parties to continue to meet parking requirements, and 4) Any sign panels advertising for the other properties must be removed from this sign structure. Upon roll call, all members voting aye, the motion carried. SETBACK VARIANCE APPROVED . Following further discussion Grebner moved and Schumacher seconded to approve agenda item #2, all members voting aye, the motion carried. FREESTANDING SIGN VARIANCE APPROVED . 4) RDA, LLC and Aberdeen Area Veterans requested permission, as per site plan submitted, to 4’x8’ Sign on a vacant lot, which would be an Appeal to the Board of Zoning Adjustment, all on Proposed Lot 2, Wagner Holdings Third Addition, a.k.a. 210 Roosevelt Street N. Sean Johnson and Allan Ochsner were present to represent the property. Following discussion Grebner moved and Fjeldheim seconded to approve with the following stipulations: 1) Proposed sign must be removed within 3 years of today’s date or reapplication to the Zoning Board if construction has not started, 2) This sign must be removed at time of completion of construction and no additional signs may be permitted until it is removed, and 3) A sign permit must be obtained prior to installation and all setback requirements must be met. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . Weigel moved and Schumacher seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary October 3, 2019 {00056600.DOC / 1} 2