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Board of Zoning Adjustment

Regular Meeting

Aberdeen, SD · December 10, 2020

AgendaMinutes

Minutes

Board of Zoning Adjustment December 10, 2020 BOARD OF ZONING ADJUSTMENT December 10 , 2020 The Board of Zoning Adjustment Meeting was held on Thursday, December 10, 2020 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 Weigel, Fjeldheim, Grebner, and Winter. Also present were Brett Bill, Planning & Zoning Director, Joe Gaa, City Manager, Ken Hubbart, City Planner, Eric Miller, City Planner, and Jeremiah Maxfield, GIS/Planning Technician. Grebner moved and Winter seconded to approve the Board of Zoning Adjustment minutes of November 12, 2020, all members voting aye, the motion carried. OPEN FORUM – No one was present. 1) Avera Mother Joseph Manor requested permission, as per site plan submitted, to 1) construct a temporary 8’x8’ visitation structure, which would be an Appeal to the Board of Zoning Adjustment and 2) to permit an existing 191sf of total signage rather than the permitted 36sf, which would be a 155sf Total Sign Size Variance and 3) to permit a third freestanding sign rather than the permitted one, which would be a Two Freestanding Sign Variance and 4) to permit 229.5sf of total signage rather than the permitted 36sf, which would be a 193.5sf Total Sign Size Variance, all on the South 732’ of the West 366’ of Highlands Outlot 3, a.k.a. 1002 Jay Street N. Tom Snyder of Avera and Ryan Kranz of Perspective, Inc, were present to represent the property. Following discussion Grebner moved and Fjeldheim seconded to approve item #1 with the following stipulations: 1) All required inspections must be completed in accordance with the previously issued Building Permit, 2) The structure must be removed when no longer needed for COVID-19 visitation, and 3) A plat of the property must be submitted, as was required with the Presentation Center Addition. Upon roll call, all members voting aye the motion carried. APPEAL APPROVED . Following further discussion Grebner moved and Winter seconded to approve item #2, all members voting aye, the motion carried. TOTAL SIGN SIZE VARIANCE APPROVED . Following further discussion Grebner moved and Winter seconded to deny item #3, all members voting aye, the motion carried. FREESTANDING SIGN VARIANCE DENIED. No action taken on item #4. 2) Dan Harvey requested permission, as per site plan submitted, for 1) existing residence to remain 27’ from the North property line rather than the required 35’, which would be a 8’ Building Variance and 2) 9’ from the East property line rather than the required 10’, which would be a 1’ Building Variance, all on Lot 14, Block 12, Eighth Addition to Forest Acres, a.k.a. 711 Taylor Drive. City staff represented this item due to COVID-19 pandemic. Following discussion Grebner moved and Fjeldheim seconded to approve, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . 3) Northland Real Estate Holdings, LLC and Paces Lodging requested permission, as per site plan submitted, to permit the operation of a car wash, which would be a Special Exception in a (C3/R4) Central Business/Special Density Residential Zoning District, all on Lots 1-5, Beard’s Rearrangement of Plat of Lot P, Lots 1&2, Hardee’s Addition, Lots 4,5&9, Block 32, Second Addition and Lots 4,5&9, Block 32, Subdivision of Lots 4,5&9, {00070684.DOC / 1} 1 Board of Zoning Adjustment December 10, 2020 Block 32, First Addition, a.k.a. 102 & 124 Sixth Ave SW. Tanner Brandt of Paces Lodging was present to represent the property. Jon Swenson was present in opposition to this request. Following discussion Grebner moved and Winter 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, 3) All required inspections must be completed, 4) Plat must be submitted, and 5) Construction must comply with corner visibility requirements at all intersections and approaches. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED . Grebner moved and Winter seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary December 10, 2020 {00070684.DOC / 1} 2

Agenda

**OPEN MEETING GUIDELINES DURING COVID-19 PANDEMIC** ALL PERSONS ATTENDING THE MEETING SHOULD MAINTAIN PHYSICAL SEPARATION OF AT LEAST SIX FEET BETWEEN PERSONS WHO ARE NOT IMMEDIATE FAMILY MEMBERS OR MEMBERS OF THE SAME HOUSEHOLD. PUBLIC SEATING IN COUNCIL CHAMBERS WILL BE ARRANGED TO MAINTAIN THE PHYSICAL SEPARATION AND MAY NOT BE MOVED IN VIOLATION OF THIS REQUIREMENT. ANY MEMBER OF THE PUBLIC WHO FAILS TO MAINTAIN THE REQUIRED SEPARATION WILL BE ASKED TO COMPLY. SUCH PERSON WILL BE REMOVED FROM COUNCIL CHAMBERS UPON REFUSAL TO COMPLY. AGENDA REGULARLY SCHEDULED MEETING ABERDEEN CITY BOARD OF ZONING ADJUSTMENT Thursday, December 10, 2020- 8:00 A.M. First Floor Council Chambers - Municipal Building I. Call to Order II. Roll Call III. Approval of Minutes 1) November 12, 2020 IV. Open Forum 8:00 – 8:10 A.M. (SEE FORMAT GUIDELINES AT END OF AGENDA) V. Old Business VI. New Business 1) Avera Mother Joseph Manor requests permission, as per site plan submitted, to 1) construct a temporary 8’x8’ visitation structure, which would be an Appeal to the Board of Zoning Adjustment and 2) to permit an existing 191sf of total signage rather than the permitted 36sf, which would be a 155sf Total Sign Size Variance and 3) to permit a third freestanding sign rather than the permitted one, which would be a Two Freestanding Sign Variance and 4) to permit 229.5sf of total signage rather than the permitted 36sf, which would be a 193.5sf Total Sign Size Variance, all on the South 732’ of the West 366’ of Highlands Outlot 3, a.k.a. 1002 Jay Street N. 2) Dan Harvey requests permission, as per site plan submitted, for 1) existing residence to remain 27’ from the North property line rather than the required 35’, which would be a 8’ Building Variance and 2) 9’ from the East property line rather than the required 10’, which would be a 1’ Building Variance, all on Lot 14, Block 12, Eighth Addition to Forest Acres, a.k.a. 711 Taylor Drive. 3) Northland Real Estate Holdings, LLC and Paces Lodging request permission, as per site plan submitted, to permit the operation of a car wash, which would be a Special Exception in a (C3/R4) Central Business/Special Density Residential Zoning District, all on Lots 1-5, Beard’s Rearrangement of Plat of Lot P, Lots 1&2, Hardee’s Addition, Lots 4,5&9, Block 32, Second Addition and Lots 4,5&9, Block 32, Subdivision of Lots 4,5&9, Block 32, First Addition, a.k.a. 102 & 124 Sixth Ave SW. VII. Other Business VIII. Adjournment FORMAT GUIDELINES: 1) Open forum provides an opportunity for the public to address the Aberdeen City Board of Zoning Adjustment with questions, concerns or comments on items, which are not on the agenda. Citizens are asked to sign up to speak prior to the open forum portion of the meeting. Open forum will be limited to 10 minutes (if no one is in attendance for the open forum, the regular meeting may begin) unless a majority of the Aberdeen City Board of Zoning Adjustment agrees to extend the time period. The open forum may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Open forum will not be used as a time for problem solving or reacting to the comments made, but, rather for hearing the citizen for informational purposes. The Aberdeen City Board of Zoning Adjustment may respond with request for city management to follow up and report back on any issue raised during the public address time. A presentation may not exceed two minutes in duration. 2) ADA Compliance: The City of Aberdeen fully subscribes to the provisions of the American’s With Disabilities Act. If you desire to attend this public meeting and are need of special accommodations, please notify the City Planning & Zoning Office at least 8 hours prior to the meeting so appropriate auxiliary aids and services can be made available. The Aberdeen City Board of Zoning Adjustment meets monthly on the second Thursday of each month at 8:00 a.m. 3) A copy of the subject matter on the Aberdeen City Board of Zoning Adjustment meeting agenda is available for public distribution at the City Planning & Zoning Office and available on the City’s website @ www.aberdeen.sd.us. {00070136.DOCX / 1}

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