Board of Zoning Adjustment

Board of Zoning Adjustment December 12, 2019 BOARD OF ZONING ADJUSTMENT December 12, 2019 The Board of Zoning Adjustment Meeting was held on Thursday, December 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 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, Chad Nilson, Fire Marshal, and Paula Nelson, Board of Zoning Adjustment Secretary. Grebner moved and Weigel seconded to approve the Board of Zoning Adjustment minutes of November 14, all members voting aye, the motion carried. OPEN FORUM – No one was present. 1) Randy Weber requested to Appeal the decision of the Board of Zoning Adjustments from November 8, 2018 requiring that the property be enclosed with a fence prior to its’ use for open storage of vehicles, all on The East 47’ of Lots 7-9, Block 37, Bennett & Thomas Addition, a.k.a. 114 Second Avenue NW. Randy Weber &Brian Weber was present to represent the property. Following discussion Schumacher moved and Grebner seconded to deny. Upon roll call, Weigel-aye, Fjeldheim-aye, Babcock-aye, Grebner-nay, Schumacher-aye (4-aye,1-nay), the motion carried. Following further discussion Weigel moved and Grebner seconded to approve the appeal with the following stipulations: 1) A 6’ opaque fence must be installed on the West and South sides of property starting at Parcel Erickson heading south and running east from property line to property line, 2) Fence must be installed by June 1st, 2020, 3) Fence must comply with corner visibility requirements, and 4) Fence must meet all original requirements from November 8, 2018 approval. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 2) JR&R, LLC and Mike Plasier requested permission, as per site plan submitted, to permit the open storage of equipment, parts and merchandise associated with a plumbing and heating wholesale business, all on Lot 1, Runnings First Subdivision, a.k.a. 804 Fifth Street S. Mike Plasier was present to represent the property. Following discussion Weigel moved and Schumacher seconded to approve with the following stipulations: 1) All open storage must take place within the existing fenced storage yard indicated on site plan, 2) No storage in areas which may obstruct visibility of motorists on or entering Fifth St S, 3) Property must be maintained in a neat and orderly manner at all times, and 4) Storage limited to items available for sale or use at this location (no off-premise storage). Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . 3) Wagner Holdings, LLC and Dan Wood requested permission, as per site plan submitted, to 1) plat a lot that will create a lot with two accessory structures (25’x40’ and 25’x50’) without the required primary structure, which would be an Appeal to the Board of Zoning Adjustment and 2) to permit the construction of three 30’x120’ mini- {00057546.DOC / 1} 1  Board of Zoning Adjustment December 12, 2019 storage buildings, which would be an Appeal to the Board of Zoning Adjustment in the (I-2) Unrestricted Industrial Zoning District, and 3) to permit the open storage of vehicles, which would be a Special Exception, Dan Wood & J. R. Wood was present to represent the property. Following discussion Grebner moved and Schumacher seconded to deny agenda #1. Upon roll call, Weigel-abstain, Fjeldheim-aye, Babcock-aye, Grebner-nay, Schumacher-aye (3-aye,1-nay,1-abstentia), the motion failed. APPEAL DENIED . Following further discussion Grebner moved and Schumacher seconded to approve agenda #2 with the stipulation that the plat must be filed before construction begins. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . Item #3 was withdrawn by the petitioner and no action was taken. 4) Cory and Theresa Backous requested permission, as per site plan submitted, to permit the operation of a short-term rental house, which would be an Appeal to the Board of Zoning Adjustment in the (R-2) Medium Density Residential Zoning District, all on Lot 1, S-C-T First Addition to Aberdeen, a.k.a. 1739 Roosevelt Street S. Cory and Theresa Backous were present to represent the property. Following discussion Grebner moved and Schumacher seconded to approve with the following stipulations: 1) Proposed use must be operated in accordance with any local or state regulations regarding lodging, taxation, etc., and 2) All Fire Marshal requirements must be met. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . Weigel moved and Grebner seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary December 12, 2019 {00057546.DOC / 1} 2