Board of Zoning Adjustment

Board of Zoning Adjustment November 14, 2019 BOARD OF ZONING ADJUSTMENT November 14, 2019 The Board of Zoning Adjustment Meeting was held on Thursday, November 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 Weigel, Fjeldheim, Babcock, Grebner, & Schumacher. VanDeRostyne was absent. 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, Chris Brick, Building Inspector, Stuart Nelson, Assistant City Engineer, and Paula Nelson, Board of Zoning Adjustment Secretary. Grebner moved and Schumacher seconded to approve the Board of Zoning Adjustment minutes of October 3, 2019, all members voting aye, the motion carried. OPEN FORUM – No one was present. 1) Jerome Wahl requested permission, as per site plan submitted, to permit an accessory structure to remain on a property without a primary structure, which would be an Appeal to the Board of Zoning Adjustment on a property in the (R-3) High Density Residential Zoning District, all on Lot 7, Burrish Subdivision of Lot 10, Pierson’s Subdivision in the SE¼ Sect. 18-T123N-R63W, a.k.a. 223 Park Street S. Jerome Wahl was present to represent the property. Following discussion Schumacher moved and Grebner seconded to deny. Upon roll call, Weigel-nay, Fjeldheim-nay, Babcock-nay, Grebner-nay, Schumacher-aye (1-aye,4-nay), the motion failed. Following further discussion Weigel moved and Grebner seconded to approve with the following stipulations: 1) Appeal granted until October 1, 2020, and 2) Accessory structure must be maintained and not rented out. Upon roll call, Weigel-aye, Fjeldheim-aye, Babcock-aye, Grebner-aye, Schumacher-nay (4-aye,1- nay), the motion carried. APPEAL APPROVED . 2) 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 shed to remain 9.8’ from the West property line rather than the required 10’, which would be a .2’ Building Variance, all on Lot 3, Block 1, Spaulding’s Second Addition, a.k.a. 1405 Kline Street N. Marlys Schmitz and Attorney Rory King were present to represent the property. Following discussion Grebner moved and Fjeldheim seconded to approve, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . 3) Spike II, LLC requested permission, as per site plan submitted, for 1) existing primary structure to remain 30.6’ from the South property line rather than the required 45’, which would be a 14.4’ Building Variance, and existing accessory structure to remain .3’ from the South property line rather than the required 45’, which would be a 44.7’ Building Variance, in order to 3) permit the construction of a 9’x20’ casino addition 30.6’ from the South property line rather than the required 45’, {00057164.DOC / 1} 1  Board of Zoning Adjustment November 14, 2019 which would be a 14.4’ Building Variance, all on Lots 1-5, Block 4, Howard & Hedger Replat of Northwest Aberdeen and Vacated Alley, a.k.a. 1202 Eighth Avenue NE. Mike Carrels was present to represent the property. Following discussion Grebner moved and Schumacher seconded to approve agenda items #1 & #2, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . Following discussion Grebner moved and Schumacher seconded to approve agenda item #3 with the following stipulations: 1) Plat must be submitted to combine underlying parcels into one lot, 2) Plans must be submitted for review and a permit must be obtained prior to work commencing, 3) Sidewalks must be installed adjacent to West and South lot lines prior to final Certificate of Occupancy being issued, 4) Any required landscaping or boulevard trees must be installed, and 5) All building inspections must be completed. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . Weigel moved and Grebner seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary November 14, 2019 {00057164.DOC / 1} 2