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Board of Zoning Adjustment

Regular Meeting

Aberdeen, SD · June 10, 2021

AgendaMinutes

Minutes

Board of Zoning Adjustment June 10, 2021 MINUTES BOARD OF ZONING ADJUSTMENT June 10, 2021 The Board of Zoning Adjustment Meeting was held on Thursday, June 10, 2021 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, Jeremiah Maxfield, Planning Technician, and Amanda Kamphuis, Board of Zoning Adjustment Secretary. Grebner moved, and VanDeRostyne seconded, to approve the Board of Zoning Adjustment Minutes of May 13, 2021, all members voting aye, the motion carried. OPEN FORUM – No one was present. 1) NSU and SDN requested permission, as per site plan submitted, to construct a 43’ tall small cell tower, which would be a Special Exception in a (M) Municipal, State and County Use District, all on The Unplatted Area East of Aberdeen Steel Buildings Outlot A, a.k.a. 1202 State Street S. There being no representative present, this item was moved to the end of the agenda. 2) NSU and SDN requested permission, as per site plan submitted, to construct a 43’ tall small cell tower, which would be a Special Exception in a (M) Municipal, State and County Use District, all on Lot 1, NSU Athletic Field Addition, a.k.a. 1416 State Street S. There being no representative present, this item was moved to the end of the agenda. 3) J&S, LLC requested permission, as per site plan submitted, to 1) construct two mini-warehouse buildings, which would be a Special Exception in a (C-2) Highway Commercial Zoning District and 2) to construct two mini-warehouse buildings that are 40’ wide rather than the permitted 30’, which would be two 10’ Building Variances and 3) to construct two mini-warehouse buildings that are 150’ long rather than the permitted 120’, which would be two 30’ Building Variances and 4) to construct two mini-warehouse buildings with 18’ tall sidewalls rather than the permitted 16’, which would be two 2’ Building Variances, all on Lot 2B, Jones Commercial Park Fourth Subdivision in the SE¼ Sect. 16-T123N-R63W, a.k.a. 330 Enterprise Street S. There being no representative present, this item was moved to the end of the agenda. 4) Target Corporation requested permission, as per site plan submitted, to temporarily place a 50’x200’ temporary construction staging tent, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 1, First Replat of Lamont’s First Addition, a.k.a. 3316 Seventh Avenue SE. Jared Kaiser was present to represent the property. Following discussion, Grebner moved, and Schumacher seconded, to approve with the stipulation that the tent will need to be removed prior to the issuance of a Certificate of Occupancy. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED. 5) John Papendick requested permission, as per site plan submitted, to construct a 10’x16’ accessory structure 4’ from the North property line rather than the required 10’, which would be a 6’ Building Variance, all on Lots 4,5 &6, Block 13, Corrected Plat of the Highlands, a.k.a. 1215 First Street N. Prior to the meeting, the request was amended to construct a 10’x16’ accessory structure 7’ from the North property line rather than the required 10’, which would be a 3’ Building Variance. John Papendick was present to represent this property. Following discussion, Grebner moved, and VanDeRostyne seconded, to approve the amended request with the following stipulations: 1) A permit must be obtained prior to installation; 2) All required inspections must be completed; and 3) Property lines must be located to verify setbacks at time of inspection. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED. {00074043.DOCX / 1} 1 Board of Zoning Adjustment June 10, 2021 6) Aberdeen Development Corporation and Community First Broadcasting requested permission, as per site plan submitted, to permit a new telecommunication facility, which would be a Special Exception in a (C- 3/R-4) Central Business/Special Density Residential Zoning District, all on Lot 1, Malchow’s First Addition to the City of Aberdeen, a.k.a. 506 Main Street S. Steven Heaton was present to represent the property. Following discussion, Grebner moved, and VanDeRostyne seconded, to approve with the stipulation that a permit is obtained at time of antenna installation. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. 1) NSU and SDN requested permission, as per site plan submitted, to construct a 43’ tall small cell tower, which would be a Special Exception in a (M) Municipal, State and County Use District, all on The Unplatted Area East of Aberdeen Steel Buildings Outlot A, a.k.a. 1202 State Street S. Following discussion, Grebner moved, and Weigel seconded, to approve with the stipulation that a permit must be obtained prior to installation. Upon roll call, Weigel aye, VanDeRostyne aye, Babcock aye, Grebner aye, Schumacher abstain (4 aye, 1 abstain), the motion carried. SPECIAL EXCEPTION APPROVED. 2) NSU and SDN requested permission, as per site plan submitted, to construct a 43’ tall small cell tower, which would be a Special Exception in a (M) Municipal, State and County Use District, all on Lot 1, NSU Athletic Field Addition, a.k.a. 1416 State Street S. Following discussion, Grebner moved, Weigel seconded, to approve with the stipulation that a permit must be obtained prior to installation. Upon roll call, Weigel aye, VanDeRostyne aye, Babcock aye, Grebner aye, Schumacher abstain (4 aye, 1 abstain), the motion carried. SPECIAL EXCEPTION APPROVED. 3) J&S, LLC requested permission, as per site plan submitted, to 1) construct two mini-warehouse buildings, which would be a Special Exception in a (C-2) Highway Commercial Zoning District and 2) to construct two mini-warehouse buildings that are 40’ wide rather than the permitted 30’, which would be two 10’ Building Variances and 3) to construct two mini-warehouse buildings that are 150’ long rather than the permitted 120’, which would be two 30’ Building Variances and 4) to construct two mini-warehouse buildings with 18’ tall sidewalls rather than the permitted 16’, which would be two 2’ Building Variances, all on Lot 2B, Jones Commercial Park Fourth Subdivision in the SE¼ Sect. 16-T123N-R63W, a.k.a. 330 Enterprise Street S. Dave Ochs was present to represent this property. Following discussion, Grebner moved, and Schumacher seconded, to approve item #1 with the following stipulations: 1) Plans must be approved and permit obtained prior to construction; 2) All required inspections must be completed; and 3) Property lines must be located to verify setbacks at time of inspection. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. Upon further discussion, Grebner moved, and Schumacher seconded, to approve items #2-#4 with the stipulation that they must comply with all building and fire requirements. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED. OTHER BUSINESS: Grebner moved, and Schumacher seconded, to adjourn the meeting. ______________________________ Amanda Kamphuis Board of Zoning Adjustment Secretary June 10, 2021 {00074043.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, June 10, 2021- 8:00 A.M. First Floor Council Chambers - Municipal Building I. Call to Order II. Roll Call III. Approval of Minutes 1) May 13, 2021 IV. Open Forum 8:00 – 8:10 A.M. (SEE FORMAT GUIDELINES AT END OF AGENDA) V. Old Business VI. New Business 1) NSU and SDN request permission, as per site plan submitted, to construct a 43’ tall small cell tower, which would be a Special Exception in a (M) Municipal, State and County Use District, all on The Unplatted Area East of Aberdeen Steel Buildings Outlot A, a.k.a. 1202 State Street S. 2) NSU and SDN request permission, as per site plan submitted, to construct a 43’ tall small cell tower, which would be a Special Exception in a (M) Municipal, State and County Use District, all on Lot 1, NSU Athletic Field Addition, a.k.a. 1416 State Street S. 3) J&S, LLC requests permission, as per site plan submitted, to 1) construct two mini- warehouse buildings, which would be a Special Exception in a (C-2) Highway Commercial Zoning District and 2) to construct two mini-warehouse buildings that are 40’ wide rather than the permitted 30’, which would be two 10’ Building Variances and 3) to construct two mini-warehouse buildings that are 150’ long rather than the permitted 120’, which would be two 30’ Building Variances and 4) to construct two mini-warehouse buildings with 18’ tall sidewalls rather than the permitted 16’, which would be two 2’ Building Variances, all on Lot 2B, Jones Commercial Park Fourth Subdivision in the SE¼ Sect. 16-T123N-R63W, a.k.a. 330 Enterprise Street S. 4) Target Corporation request permission, as per site plan submitted, to temporarily place a 50’x200’ temporary construction staging tent, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 1, First Replat of Lamont’s First Addition, a.k.a. 3316 Seventh Avenue SE. 5) John Papendick requests permission, as per site plan submitted, to construct a 10’x16’ accessory structure 4’ from the North property line rather than the required 10’, which would be a 6’ Building Variance, all on Lots 4,5 &6, Block 13, Corrected Plat of the Highlands, a.k.a. 1215 First Street N. 6) Aberdeen Development Corporation and Community First Broadcasting request permission, as per site plan submitted, to permit a new telecommunication facility, which would be a Special Exception in a (C-3/R-4) Central Business/Special Density Residential Zoning District, all on Lot 1, Malchow’s First Addition to the City of Aberdeen, a.k.a. 506 Main Street S. 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. {00073730.DOCX / 1}

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