Board of Zoning Adjustment

Board of Zoning Adjustment December 9, 2021 MINUTES BOARD OF ZONING ADJUSTMENT December 9, 2021 The Board of Zoning Adjustment Meeting was held on Thursday, December 9, 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 VanDeRostyne, Fjeldheim, Babcock, Weigel, and Winter. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Eric Miller, City Planner, Jeremiah Maxfield, Planning Technician, David Dosch, Code Enforcement Officer, Stu Nelson, Assistant City Engineer, and Amanda Kamphuis, Board of Zoning Adjustment Secretary. VanDeRostyne moved, and Winter seconded, to approve the Board of Zoning Adjustment Minutes of November 10, 2021, all members voting aye, the motion carried. OPEN FORUM – No one was present. 1) Jason Grebner requested permission, as per site plan submitted, to construct a 24’x38’ accessory structure with 14.5’ tall sidewalls rather than the permitted 10’, which would be a Special Exception in the (R-2) Medium Density Residential Zoning District, all on Lot 5, Park Ridge Estates Second Addition, a.k.a. 2413 Sixteenth Avenue NW. Jason Grebner was present to represent the property. Following discussion, Weigel moved, and VanDeRostyne seconded, to approve with the following stipulations: 1) Plans must be approved and a permit obtained prior to construction, 2) All required inspections mut be completed, and 3) Property pins must be located to verify setbacks. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. 2) RSR, LLC requested permission, as per site plan submitted, to install two 32sf real estate signs rather than the permitted 8sf, which would be two 24sf Sign Size Variances, all on Lot 1, RSR Subdivision, a.k.a. 716 Production Street N. Melanie Bobby from Jency Agency was present to represent the property. Following discussion, VanDeRostyne moved, and Fjeldheim seconded, to deny this request. Upon roll call, VanDeRostyne nay, Fjeldheim nay, Babcock nay, Weigel nay, Winter aye (4 nay, 1 aye), the motion failed. SIGN SIZE VARIANCE DENIED. Upon further discussion, Fjeldheim moved, and VanDeRostyne seconded, to approve one 32sf sign, which would be a 24sf Sign Size Variance, with the following stipulations: 1) One 32sf sign may be placed along Brown County 14 on the property of 716 Production Street N meeting all setback requirements, 2) A permit must be obtained prior to sign placement, 3) No other real estate signs of any kind may be placed on either properties of 716 Production Street N and 620 Production Street N, and 4) Said sign must be removed within 2 years or upon sale of property. Upon roll call, VanDeRostyne aye, Fjeldheim aye, Babcock aye, Weigel aye, Winter nay (4 aye, 1 nay), the motion carried. SIGN SIZE VARIANCE APPROVED. 3) Clarence Habeck requested permission, as per site plan submitted, to permit the open storage of licensed, towed, impounded and repairable vehicles, which would be a Special Exception in the (I-2) Unrestricted Industrial Zoning District, all on The East 94’8” of Lots 7,8&9, Block 38, Bennett & Thomas Addition to North Aberdeen, a.k.a. 114 First Avenue NW. Clarence Habeck was present to represent the property. Following discussion, Weigel moved, and VanDeRostyne seconded, to approve with the following stipulations: 1) Storage is limited to this parcel only, no storage on adjacent properties, 2) This Special Exception is for Clarence Habeck only, as long as {00080782.DOCX / 1} 1  Board of Zoning Adjustment December 9, 2021 he is owner/operator of proposed use, 3) Open storage limited to licensed, towed, impounded, or repairable vehicles only, 4) Property must be fenced with an opaque fence height between 6’-8’ and completed by June 30, 2022, and 5) No fence or storage in the 35’ visibility triangle at the intersection of First Ave NW and alleyway and on any boulevards. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. 4) Wayne & Amber Hanson requested permission, as per site plan submitted, to 1) plat a lot with 45’ of frontage rather than the required 50’, which would be a 5’ Building Variance and 2) for existing garage to remain 2’ from the North property line rather than the required 5’, which would be a 3’ Building Variance and 3) 0’ from the East property line rather than the required 5’, which would be a 5’ Building Variance, all on The North 45’ of Lot 11, Block 12, Thomas Addition, a.k.a. 929 Kline Street S. Amber Hanson was present to represent the property. Following discussion, Fjeldheim moved, VanDeRostyne seconded, to approve items #1-3 with the following stipulations: 1) Plat must be approved and filed with the Register of Deeds Office, 2) All required inspections must be completed, and 3) Property lines must be located to verify setbacks. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED. 5) Randy Pueppke requested permission, as per site plan submitted, for 1) existing residence to remain 21’ from the North property line rather than the required 25’, which would be a 4’ Building Variance, and 2) 5’1” from the South property line rather than the required 20’, which would be a 14’11” Building Variance and 3) 10’6” from the West property line rather than the required 15’, which would be a 4’6” Building Variance, all on Lot 17, Campbell’s Replat of Lots 13-18, Block 6, Hagerty & Lloyd Addition, a.k.a. 302 Eighth Avenue NE. Carol Pueppke was present to represent the property. Following discussion, VanDeRostyne moved, and Fjeldheim seconded, to approve items #1-3 with the following stipulations: 1) All required inspections must be completed, and 2) Property pins must be located to verify setbacks. Upon roll call, all member voting aye, the motion carried. BUILDING VARIANCE APPROVED. 6) Stencil Group requests permission, as per site plan submitted, to 1) construct an apartment building on proposed Lot 7B with 100 units rather than the permitted 42, which would be a 58 unit Maximum Density Variance, and 2) to construct an apartment building on proposed Lot 7C with 72 units rather than the permitted 41, which would be a 31 unit Maximum Density Variance, all on Proposed Lots 7B & 7C, Block 2, Dakota Estates Third Subdivision, a.k.a. 1022 Twenty-Seventh Avenue NE. Nathan Stencil was present to represent the property. Following discussion, Winter moved, and Weigel seconded, to approve items #1-2 with the stipulation that the plat must be approved and filed with the Register of Deeds Office. Upon roll call, all members voting aye, the motion carried. MAXIMUM DENSITY VARIANCE APPROVED. 7) CenturyLink requests permission, as per site plan submitted, to permit the open storage of miscellaneous telecommunication materials, equipment and vehicles, which would be a Special Exception in the (I-2) Unrestricted Industrial Zoning District, all on The East 105’ of Lots 1-7, Block 55, West Aberdeen Addition and the South 33’ of the East 105’ of Vacated Fifth Avenue SW Public ROW, a.k.a. 602 Sixth Avenue SW. Cory Moser of CenturyLink was present to represent the property. Following discussion, Fjeldheim moved, and Weigel seconded, to approve with the following stipulations: 1) Property must be kept in a neat and orderly manner at all times, 2) No off-premises storage, 3) All items must be necessary for CenturyLink operations, and 4) All vehicles must be licensed and operable per state law definition. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. {00080782.DOCX / 1} 2  Board of Zoning Adjustment December 9, 2021 8) Edward Rieger requested permission, as per site plan submitted, to construct a 12’x22’ 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 present to represent the property. Following discussion, Weigel moved, and Babcock seconded, to approve with the following stipulations: 1) As originally stipulated, as it is in violation of setbacks and was placed in corner visibility triangle, the shed must be moved out of corner visibility on or before December 23, 2021, 2) All debris not related to the construction of the garage must be removed on or before December 31, 2021, 3) A new permit must be obtained to complete the garage and addition with penalty applied, and 4) All work and previously required stipulations to demo/remove shed, complete garage and make it aesthetically similar must be completed by August 1, 2022. Upon roll call, VanDeRostyne aye, Fjeldheim aye, Babcock aye, Weigel aye, Winter abstain (4 aye, 1 abstain), the motion carried. BUILDING VARIANCE APPROVED. 9) The Aberdeen Development Corporation and Huff Construction requested permission, as per site plan submitted, to permit the open storage of vehicles, machinery, and materials for a construction company, which would be a Special Exception in a (I-2) Unrestricted Industrial Zoning District, all on Lot 3, Block 1, Aberdeen Industrial Park East Addition, and Lot 1, Aberdeen Development Corporation 1992-2 Subdivision, a.k.a. 515 and 507 Enterprise Street N. Greg Zens and Scott Gillen were present to represent the property. Following discussion, VanDeRostyne moved, and Weigel seconded, to approve with the following stipulations: 1) If both lots are to be developed for one use, a plat must be filed combining them into one parcel, 2) Open storage is limited to vehicles, machinery and materials for Huff Construction, no addition off-premises storage, 3) Property must be maintained in a neat and orderly manner at all times, 4) All code compliance issues must be rectified upon notice to the property owner, 5) No unlicensed, inoperable, or junk vehicles, or machinery may be stored outside onsite, and 6) A permit for new shop must be obtained within two years of today’s date (December 9, 2023) or a new application will need to be submitted to the Board of Zoning Adjustment. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. 10) The Salvation Army requests permission, as per site plan submitted, to 1) construct a 45’x95’ addition 7’10” from the West property line rather than the required 15’, which would be a 7’2” Building Variance and 2) 10’ from the South property line rather than the required 30’, which would be a 20’ Building Variance and 3) to permit 33 off-street parking stalls rather than the permitted 78, which would be a 45 stall Parking Variance, all on Lot 1, Salvation Army First Addition and Lot 4, Rehfeld Replat of Lot A, Block 1, Pleasant Hill Addition, a.k.a. 1025 Sixth Avenue SW and 613 Eleventh Street S. Dean Marske was present to represent the property. Following discussion, Fjeldheim moved, and VanDeRostyne seconded, to approve items #1 and #3. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED. PARKING VARIANCE APPROVED. Upon further discussion, VanDeRostyne moved, and Weigel seconded, to approve item #2 with the following stipulations: 1) Property must be replatted into one parcel, 2) Plans must be approved and permit obtained prior to construction, 3) City Forester must approve the landscape plan and required residential buffer prior to permitting, 4) All required inspections must be completed, 5) Property lines must be located to verify setbacks, and 6) Corner visibility triangle at neighbor’s driveway must be protected. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED. {00080782.DOCX / 1} 3  Board of Zoning Adjustment December 9, 2021 11) Wylie Meadows, LLC requests permission, as per site plan submitted, to permit natural grass and vegetation to exceed the allowable 10” in maximum height on undeveloped portions of a residential subdivision, which would be an Appeal to the Board of Zoning Adjustment, all on Lots 1&14, Block 1, Lot 1, Block 2 and Lot 1, Block 4, Wylie Meadows Second Addition, a.k.a. 1802, 1706, and 1701 Wylie Drive and 1619 Meadow View Lane. Scott Grebner was present to represent the property. Chairman Babcock abstained from this item and Weigel presented as Acting Chairman. Following discussion, Fjeldheim moved, and Winter seconded, to approve with the following stipulations: 1) Property must be developed and maintained as natural area, this approval will not allow for typical grass and weeds to exceed 10”, 2) Developable lots must still be maintained at the prescribed 10” maximum height, 3) Developer will be responsible for control of nuisance or noxious weeks, pests, rodent, etc. upon notice of any code violations, 4) Proper corner visibility will be required at intersections of public roads, alleys, driveways, etc. per City ordinance, 5) Care must be taken in creating drifting hazards and must be addressed if notified by Public Works Department, 6) A 30’ wide defensible space shall be provided between natural vegetation and any lot that has, or is, being built on, and 7) Trees located within natural vegetative growth areas shall have their crowns trimmed so that the crown does not extend within 10’ of public utilities, lots being, or having been built on, and 6’ above ground level. Upon roll call, VanDeRostyne aye, Fjeldheim aye, Babcock abstain, Weigel aye, Winter aye (4 aye, 1 abstain), the motion carried. APPEAL APPROVED. OTHER BUSINESS: Winter moved, and Fjeldheim seconded, to adjourn the meeting. Amanda Kamphuis Board of Zoning Adjustment Secretary December 9, 2021 {00080782.DOCX / 1} 4