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Board of Zoning Adjustment

Regular Meeting

Aberdeen, SD · February 11, 2021

AgendaMinutes

Minutes

Board of Zoning Adjustment February 11, 2021 BOARD OF ZONING ADJUSTMENT February 11, 2021 The Board of Zoning Adjustment Meeting was held on Thursday, February 11, 2021 in the Aberdeen City Hall, First Floor Council Chambers, Aberdeen, South Dakota with Schumacher presiding as Acting Chairman. Acting Chairman Schumacher called the meeting to order. Members present at roll call were Fjeldheim, Schumacher, Grebner, and Winter. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, and Eric Miller, City Planner. Grebner moved and Winter seconded to approve the Board of Zoning Adjustment minutes of January 14, 2021, all members voting aye, the motion carried. OPEN FORUM – No one was present. 1) Krista Smith requested permission, as per site plan submitted, to relocate an existing daycare center, which would be an Appeal to the Board of Zoning Adjustment in a (C-2) Highway Commercial Zoning District, all on Lot 3, Ken’s Supermarket First Addition, a.k.a. 2123 Sixth Avenue SE. Jack Hollinsworth of JDH Construction was present to represent the property. Following discussion Grebner moved and Winter seconded to approve with the following stipulations: 1) All inspections must be completed and approved by the Building Inspection Department and Fire Marshal, and 2) The daycare center must maintain its license with the SD DSS at all times. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 2) Branden Jepsen requested permission, as per site plan submitted, to permit the operation of mini-storage lockers, which would be an Appeal to the Board of Zoning Adjustment in the (C-3) Central Business District, all on The South 25’4” of Lots 16&17, Roche’s Third Rearrangement and Lots 1&2, except the North 3’8” of The East 40’ of Lot 2, Roche’s Fourth Subdivision and the North 25’ of Lot 10, Block 8, North Aberdeen Addition, a.k.a. 218 Main Street N. Branden Jepsen was present to represent the property. Following discussion Grebner moved and Fjeldheim 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) All Building & Fire Code requirements must be met, and 3) No outside open storage permitted. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED . 3) Tenth Street Properties, LLC requested permission, as per site plan submitted, to 1) permit the construction of a carwash in the side yard of the property rather than the required rear yard, which would be an Appeal to the Board of Zoning Adjustment in a (C- 2) Highway Commercial Zoning District and 2) to construct a carwash 10’ from the North property line rather than the required 35’, which would be a 25’ Building Variance, and 3) to construct an addition to the primary structure 30’ from the South property line rather than the required 45’, which would be a 15’ Building Variance, all on Proposed Lot 1, Eagle River Addition to the City of Aberdeen, a.k.a. 715 Tenth Street N. Darren Dell of Huff Construction and Dean Marske of HKG Architects were present to represent the property. Following discussion Fjeldheim moved and Grebner seconded to deny item #1. Upon roll call, Fjeldheim-aye, Schumacher-nay, Grebner-nay, Winter-nay (1- aye,3-nay), the motion failed. Upon further discussion Grebner moved and Winter {00071892.DOCX / 1} 1 Board of Zoning Adjustment February 11, 2021 seconded to approve, all members voting aye, the motion carried. APPEAL APPROVED . Following further discussion Grebner moved and Winter seconded to approve item #2, 20’ from the North property line rather than the required 35’, which would be a 15’ Building Variance with the following stipulations: 1) Plans must be approved and permit must be obtained prior to work commencing, 2) All required sidewalks must be installed in all adjacent public right-of-way’s prior to issuance of certificate of occupancy as required by Section 46-127(1), and 3) Property lines must be located to verify all setbacks at time of inspection. Upon roll, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED . Following further discussion Grebner moved and Winter seconded to approve item #3 35’ from the South property line rather than the required 45’, which would be a 10’ Building Variance approved. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED. Grebner moved and Winter seconded to adjourn the meeting. ______________________________ Paula Nelson Board of Zoning Adjustment Secretary February 11, 2021 {00071892.DOCX / 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, February 11, 2021- 8:00 A.M. First Floor Council Chambers - Municipal Building I. Call to Order II. Roll Call III. Approval of Minutes 1) January 14, 2021 IV. Open Forum 8:00 – 8:10 A.M. (SEE FORMAT GUIDELINES AT END OF AGENDA) V. Old Business VI. New Business 1) Krista Smith requests permission, as per site plan submitted, to relocate an existing daycare center, which would be an Appeal to the Board of Zoning Adjustment in a (C- 2) Highway Commercial Zoning District, all on Lot 3, Ken’s Supermarket First Addition, a.k.a. 2123 Sixth Avenue SE. 2) Branden Jepsen requests permission, as per site plan submitted, to permit the operation of mini-storage lockers, which would be an Appeal to the Board of Zoning Adjustment in the (C-3) Central Business District, all on The South 25’4” of Lots 16&17, Roche’s Third Rearrangement and Lots 1&2, except the North 3’8” of The East 40’ of Lot 2, Roche’s Fourth Subdivision and the North 25’ of Lot 10, Block 8, North Aberdeen Addition, a.k.a. 218 Main Street N. 3) Tenth Street Properties, LLC requests permission, as per site plan submitted, to 1) permit the construction of a carwash in the side yard of the property rather than the required rear yard, which would be an Appeal to the Board of Zoning Adjustment in a (C-2) Highway Commercial Zoning District and 2) to construct a carwash 10’ from the North property line rather than the required 35’, which would be a 25’ Building Variance, and 3) to construct an addition to the primary structure 30’ from the South property line rather than the required 45’, which would be a 15’ Building Variance, all on Proposed Lot 1, Eagle River Addition to the City of Aberdeen, a.k.a. 715 Tenth Street N. 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. {00071241.DOCX / 1}

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