Board of Zoning Adjustment

Board of Zoning Adjustment April 9, 2020 BOARD OF ZONING ADJUSTMENT April 9, 2020 The Board of Zoning Adjustment Meeting was held on Thursday, March 12, 2020 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, and Schumacher. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, and Eric Miller, City Planner. Grebner moved and Weigel seconded to approve the Board of Zoning Adjustment minutes of March 12, 2020, all members voting aye, the motion carried. OPEN FORUM – No one was present. 1) Frost Development, Inc. requested permission, as per site plan submitted, to 1) permit two residential structures to remain on one lot, which would be an Appeal to the Board of Zoning Adjustment, and 2) to permit 5 off-street parking stalls rather than the required 8, which would be a Variance of three parking stalls, and 3) to install five 8’ wide parking stalls rather than the permitted 10’, which would be a 2’ Minimum Parking Stall Width Variance, all on Lot 5, Block 10, Thomas Addition, a.k.a. 926 Lincoln Street S. Chris Frost was present to represent the property. Following discussion Grebner moved and Fjeldheim seconded to approve item #1, all members voting aye, the motion carried. APPEAL APPROVED . Following further discussion Grebner moved and Schumacher seconded to deny item #2, all members voting nay, the motion failed. Grebner moved and Babcock seconded to approve item #2, all members voting aye, the motion carried. PARKING STALL VARIANCE APPROVED . Following further discussion Grebner moved and Schumacher seconded to deny item #3, all members voting aye, the motion carried. Five 10’ x 20’ parking stalls must be provided. MINIMUM PARKING STALL WIDTH VARIANCE DENIED . 2) Dawaine Haar and Todd Zens requested permission, as per site plan submitted, to permit an accessory structure to remain on a property without the required primary structure, which would be an Appeal to the Board of Zoning Adjustment in the (R-3) High Density Residential Zoning District, all on Lots 6-10, Block 22, Roches East Side Addition, a.k.a. 118 Illinois Street S. City staff represented this item due to the COVID-19 pandemic. Grebner moved and Fjeldheim seconded to approve with the following stipulations: 1) This approval is through April 9, 2023. If work has not started by that date to develop the property for residential use, an extension may be requested or structure removed, and 2) No outside storage of vehicles or other items may be permitted without additional approvals by this board. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 3) Kiropa Properties, LLC and Eric Sinclair request permission, as per site plan submitted, to 1) permit the provision of 109 parking stalls rather than the required 199, which would be a 90 Parking Stall Variance and 2) to permit the provision of 2 off-street loading and unloading spaces rather than the required 10, which would be an 8 space Variance, all on Lot 1, Lamont Second Addition, a.k.a. 3502 Seventh Avenue SE. Chad Huff, Cory Huff, and Mark Malchow were present to represent the property. Following discussion Grebner moved and Schumacher seconded to approve item #1, all members voting aye, the motion carried. PARKING STALL VARIANCE APPROVED . Following further discussion Grebner moved and Schumacher seconded to approve item #2, all members voting aye, the motion carried. VARIANCE APPROVED . {00059807.DOC / 1} 1  Board of Zoning Adjustment April 9, 2020 4) The Aberdeen Development Corporation and Huff Construction, Inc. requested permission, as per site plan submitted, to 1) permit the construction of mini-storage facilities in conjunction with another permitted use, which would be an Appeal to the Board of Zoning Adjustment in an (I-2) Unrestricted Industrial District and 2) to construct mini-storage building 65’ in depth rather than the permitted 30’, which would be a 35’ Maximum Depth Variance and 3) to provide 47 parking stalls rather than the required 102 stalls, which would be a 55 stall Minimum Parking Variance, all on Proposed Lot 2, ADC 2020-1 Subdivision to the City of Aberdeen, a.k.a. 628 Enterprise Street N. Chad Huff and Cory Huff were present to represent the property. Following discussion Grebner moved and Schumacher seconded to approve item #1, all members voting aye, the motion carried. APPEAL APPROVED . Following further discussion Grebner moved and Schumacher seconded to approve item #2 with the stipulation that all Fire & Building Code Requirements are met. Upon roll call, all members voting aye, the motion carried. MAXIMUM DEPTH VARIANCE APPROVED . Following further discussion Weigel moved and Schumacher seconded to approve item #3 with the stipulation that if any additional units are used for commercial/industrial uses, a parking stall requirement must be met prior to permitting. Upon roll call, all members voting aye, the motion carried. MINIMUM PARKING VARIANCE APPROVED . 5) Refuge Retreats, LLC requested permission, as per site plan submitted, to install a (5’x8’) 40sf real estate sign rather than the permitted 8sf, which would be a 32sf Sign Variance, all on Commercial Lot 1 Ex the North 40 of the West 38’, Camelot Estates Third Addition, a.k.a. 711 Lancelot Drive N. Chad Huff and Cory Huff were present to represent the property. Following discussion Schumacher moved and Grebner seconded to approve with the following stipulations: 1) Permit must be obtained prior to installation, 2) Sign shall be removed within 3 years or upon completion of construction and initial sale or leasing of all units whichever comes first, and 3) No additional real estate type signs will be placed in subdivision. Upon roll call, all members voting aye, the motion carried. SIGN VARIANCE APPROVED . 6) Doug Braa requested permission, as per site plan submitted, to 1) permit the construction of a min-storage facility, which would be an Appeal to the Board of Zoning Adjustment in the (I- 2) Unrestricted Industrial Zoning District, and 2) to permit the construction of a mini-storage building that is 50’ in width rather than the permitted 30’, which would be a 20’ Maximum Width Variance, and 3) construct a mini-storage building that is 200’ long rather than the permitted 120’, which would be an 80’ Maximum Length Variance, all on Lot 1, Aberdeen Asphalt Addition, a.k.a. 408 Twelfth Avenue SW. Chad Huff and Cory Huff were present to represent the property. Following discussion Grebner moved and Schumacher seconded to approve with the following stipulations: 1) Plans must be approved and permit obtained prior to work construction, 2) All required inspections must be completed, 3) Curb & gutter and sidewalk must be installed where required by ordinance, and 4) All signs and parking requirements must comply with ordinance. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED , MAXIMUM WIDTH VARIANCE APPROVED , AND MAXIMUM LENGTH VARIANCE APPROVED . 7) Ryan Haessig requested permission, as per site plan submitted, to 1) install a 6’x8’ freestanding sign 2’ from the West property line rather than the permitted 20’, which would be an 18’ Sign Setback Variance, or 2) to install a 6’x8’ freestanding sign 10’ from the South property line rather than the required 20’, which would be a 10’ Sign Setback Variance and 3) 6’ from the West property line rather than the required 20’, which would be a 14’ Sign Setback Variance, all on Lot 3, Steele Structures Second Addition, a.k.a. 11 Dakota Street S. Ryan Haessig was present to represent the property. Following discussion Grebner {00059807.DOC / 1} 2  Board of Zoning Adjustment April 9, 2020 moved and Weigel seconded to deny item #1, all members voting aye, the motion carried. SIGN SETBACK VARIANCE DENIED . Following further discussion Grebner moved and Weigel seconded to approve item #2, all members voting aye, the motion carried. SIGN SETBACK VARIANCE APPROVED . Following further discussion Weigel moved and Babcock seconded to approve item #3 10’ from the West property line, which would be a 10’ variance. Upon roll call, all members voting aye, the motion carried. SIGN SETBACK VARIANCE APPROVED . 8) The Aberdeen Development Corporation and GR Rentals, LLC requested permission, as per site plan submitted, to 1) permit the construction of four mini-storage buildings, which would be an Appeal to the Board of Zoning Adjustment in an (I-2) Unrestricted Industrial District and 2) to construct mini-storage building 60’ in depth rather than the permitted 30’, which would be four 30’ Maximum Depth Variances, all on Proposed Lot 3, ADC 2020-1 Subdivision to the City of Aberdeen, a.k.a. 616 Enterprise Street N. City staff represented this item due to the COVID-19 pandemic. Following discussion Schumacher moved and Grebner seconded to approve with the following stipulations: 1) Must comply with all Fire Marshal requirement, 2) Plans must be approved and a permit obtained prior to construction, 3) All required inspections must be completed, 4) Owner must provide adequate parking for any proposed use, prior to permit being issued for buildout, 5) No open storage without additional Zoning Board approval, and 6) Any signage must be permitted prior to installation. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED & MAXIMUM DEPTH VARIANCES APPROVED . 9) 500 N Hwy 281, LLC and Amerco Real Estate Company requested permission, as per site plan submitted to 1) convert existing 66,748sf structure to an interior mini-storage facility, which would be a Special Exception in the (C-2) Highway Commercial District and 2) to construct four 30’x120’ mini-storage buildings, which would be a Special Exception in the (C-2) District and 3) to permit the open storage and parking of rental trucks, trailers, vans and similar vehicles, which would be a Special Exception in the (C-2) District, all on Shopko Outlot of Howard’s Outlot B, a.k.a. 500 Highway 281 N. Shawn Odden of Amerco Real Estate was present to represent the property. Following discussion Schumacher moved and Grebner seconded to approve item #1 with a stipulation that the Fire Marshal must review and approve plans for the interior remodel of this structure. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . Following further discussion Weigel moved and Grebner seconded to approve item #2, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . Following further discussion Schumacher moved and Weigel seconded to approve item #3 with the following stipulations: 1) Parking/storage may only take place in the area indicated on submitted site plan, 2) Only U-Haul vehicles, trailers, and similar items may be displayed, 3) Property must be maintained in a neat and orderly manner at all times, and 4) Any and all signage must be approved and permitted prior to installation. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . Grebner moved and Weigel seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary April 9, 2020 {00059807.DOC / 1} 3