Board of Zoning Adjustment

Board of Zoning Adjustment November 12, 2020 BOARD OF ZONING ADJUSTMENT November 12 , 2020 The Board of Zoning Adjustment Meeting was held on Thursday, November 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, VanDeRostyne, Babcock, Grebner, and Schumacher. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Eric Miller, City Planner, and Jeremiah Maxfield, GIS/Planning Technician. Grebner moved and VanDeRostyne seconded to approve the Board of Zoning Adjustment minutes of October 15, 2020, all members voting aye, the motion carried. OPEN FORUM – No one was present. 4) Sarah & Neil Viola requested permission, as per site plan submitted, to 1) permit an accessory structure on a lot without a primary structure, which would be an Appeal to the Board of Zoning Adjustment and 2) to construct an accessory structure that does not comply with Building Code, which would be an Appeal to the Board of Zoning Adjustment and 3) to permit an accessory structure that is not aesthetically similar to the primary structure if property is platted together with residence on adjacent lot, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 16, Block 12, Forest Acres Eighth Addition, a.k.a. 703 Taylor Drive. Neil Viola was present to represent the property. Following discussion VanDeRostyne moved and Schumacher seconded to deny items #1 and #2, all members voting aye, the motion carried. APPEALS DENIED . No action taken on item #3 7) Edward Rieger requested permission, as per site plan submitted, for 1) existing residence to remain 18’8” from the East property line rather than the required 25’, which would be a 6’4” Building Variance, and 2) 4’5” from the South property line rather than the required 5’, which would be a 7” Building Variance, and 3) 5’ from the North property line rather than the required 15’, which would be a 10’ Building Variance in order to 4) place a 12’x20’ unattached garage 13’ from the North property line rather than the required 25’, which would be a 12’ Building Variance, all on Lot 1, Block 5, Hagerty & Lloyd Addition, a.k.a. 717 Arch Street N. Edward Rieger was esent to represent the property. Following discussion Grebner moved and Weigel approved items #1, #2, and #3, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . Following further discussion Grebner moved and Schumacher seconded to approve item #4 with the following stipulations: 1) Plans must be submitted for review and a permit must be obtained prior to work commencing, 2) Property pins must be located for inspection and setbacks must be verified, 3) All required inspections must be completed, 4) A citation and penalty must be issued for moving the structure without a moving permit or a building permit in place, and 5) Structure must be made aesthetically similar to residence. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 8) Rod Mack requested permission, as per site plan submitted, to 1) permit the construction of two mini-storage buildings, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, and 2) to construct two mini-storage {00070137.DOC / 1} 1  Board of Zoning Adjustment November 12, 2020 buildings that are 60’ wide rather than the permitted 30’, which would be a 30’ Maximum Width Variance and 3) to construct two mini-storage buildings that are 130’ in length rather than the permitted 120’, which would be a 10’ Maximum Length Variance and 4) to permit the open storage of equipment for a sign company, which would be a Special Exception, all on Lot 1, Tiegen’s Third Subdivision, a.k.a. 2502 Melgaard Road East. Rod Mack, Cory Weisenburger, and Randy Schabot were present to represent the property. Following discussion Schumacher moved and Weigel seconded to approve item #1 with the following stipulations: 1) Plans must be submitted for review and a permit must be obtained prior to work commencing, 2) Property pins must be located for inspection and setbacks must be verified, 3) All required inspections must be completed, and 4) Floodplain Development Permit must be obtained. Upon roll call, all members voting aye with Grebner abstaining, the motion carried. SPECIAL EXCEPTION APPROVED . Following further discussion Schumacher moved and Weigel seconded to approve items #2 and #3 with the following stipulations: 1) Plans must be submitted for review and a permit must be obtained prior to work commencing, 2) Property pins must be located for inspection and setbacks must be verified, 3) All required inspections must be completed, 4) Floodplain Development Permit must be obtained, and 5) All Fire Marshal requirements must be met. Upon roll call, all members voting aye with Grebner abstaining, the motion carried. MAXIMUM WIDTH VARIANCE AND MAXIMUM LENGTH VARIANCE APPROVED . Following further discussion VanDeRostyne moved and Weigel seconded to approve with the following stipulations: 1) Any future tenants must request approval prior to storing anything outdoors, and 2) Approval is limited to licensed/operable vehicles. Upon roll call, all members voting aye with Grebner abstaining, the motion carried. SPECIAL EXCEPTION APPROVED . 1) Trevor & Halee Rush requested permission, as per site plan submitted, to operate a daycare as a home occupation, which would be a Special Exception in the (R-2) Medium Density Residential Zoning District, all on Lot 7, Block 14, First Addition to the Highlands of Aberdeen, a.k.a. 1102 State Street N. City staff represented this item due to COVID-19 pandemic. Following discussion Schumacher moved and VanDeRostyne seconded to approve with the following stipulations: 1) Any provided yard/play area must be maintained as a fenced in area prior to the operation of this daycare commencing, 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) Mark & Kristie Schnoor requested permission, as per site plan submitted, for 1) existing residence to remain 13’ from the North property line rather than the required 25’, which would be a 12’ Building Variance and 2) 10’ from the South property line rather than the required 20’, which would be a 10’ Building Variance in order to 3) replace a 4’x6’ deck 7’ from the North property line rather than the required 15’, which would be an 8’ {00070137.DOC / 1} 2  Board of Zoning Adjustment November 12, 2020 Building Variance, all on The North 47’ of Lot 12, Block 2, First Addition to Highlands, a.k.a. 708 Fifteenth Avenue NE. City staff represented this item due to COVID-19 pandemic. Following discussion Grebner moved and Schumacher seconded to approve with the following stipulations: 1) Plans must be submitted for review and a permit must be obtained prior to work commencing, 2) Property pins must be located for inspection and setbacks must be verified, and 3) All required inspections must be completed. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . 3) Roberto Martinez requested permission, as per site plan submitted, for existing residence to remain 22’ from the West property line rather than the required 25’, which would be a 3’ Building Variance, all on The North 50’ of Lots 15-16, Block 9, Nicollet Park Addition, a.k.a. 515 Jackson Street S. City staff represented this item due to COVID-19 pandemic. Following discussion Grebner moved and Schumacher seconded to approve with the following stipulations: 1) Plans must be submitted for review and a permit must be obtained prior to work commencing, 2) Property pins must be located for inspection and setbacks must be verified, and 3) All required inspections must be completed. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . 5) Jeff Stockert requested permission, as per site plan submitted, for 1) existing residence to remain 21.5’ from the East property line rather than the required 25’, which would be a 3.5’ Building Variance and 2) 7’4” from the North property line rather than the required 15’, which would be a 7’8” Building Variance, all on Lot 1, Block 19, First Addition to the Highlands of Aberdeen, a.k.a. 1023 Lloyd Street N. City staff represented this item due to COVID-19 pandemic. Following discussion Weigel moved and Schumacher seconded to approve with the following stipulations: 1) Plans must be submitted for review and a permit must be obtained prior to work commencing, 2) Property pins must be located for inspection and setbacks must be verified, and 3) All required inspections must be completed. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . 6) Colin Tipton requested permission, as per site plan submitted, for existing residence to remain 8.5’ from the North property line rather than the required 20’, which would be an 11.5’ Building Variance, all on Lot 8, Block 12, Draegers Rearrangement of Blocks 9&10, Draeger & Yearer’s Addition, a.k.a. 1401 Fifth Avenue SE. City staff represented this item due to COVID-19 pandemic. Following discussion Grebner moved and Schumacher seconded to approve with the following stipulations: 1) Plans must be submitted for review and a permit must be obtained prior to work commencing, 2) Property pins must be located for inspection and setbacks must be verified, and 3) All required inspections must be completed. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED . Weigel moved and VanDeRostyne seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary {00070137.DOC / 1} 3  Board of Zoning Adjustment November 12, 2020 November 12, 2020 {00070137.DOC / 1} 4