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Board of Zoning Adjustment

Regular Meeting

Aberdeen, SD · February 10, 2022

AgendaMinutes

Minutes

Board of Zoning Adjustment February 10, 2022 MINUTES BOARD OF ZONING ADJUSTMENT February 10, 2022 The Board of Zoning Adjustment Meeting was held on Thursday, February, 2022, 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, Weigel, Babcock, Grebner, and Schumacher. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Eric Miller, City Planner, and Jeremiah Maxfield, Planning Technician. Grebner moved, and VanDeRostyne seconded, to approve the Board of Zoning Adjustment Minutes of January 13, 2022, all members voting aye, the motion carried. OPEN FORUM - No one was present. 1) Plaza Rentals, LLP and Jackson Doeden requested permission, as per site plan submitted, to permit the operation of a bitcoin mining facility, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 1, Kendall/Johnson Subdivision of Lot 31, Auto Plaza Addition, a.k.a. 605 East Drive. Jackson Doeden and Cory Huff were present to represent the property. Following discussion, Grebner moved, and Schumacher seconded, to approve with the following stipulations: 1) No more than 70 Bitcoin mining machines may be installed, 2) If the proposed use is ever to be expanded, a new request must be made to this Board, 3) A permit must be obtained prior to construction, 4) All inspections must be completed, 5) Plans must include designs for sound dampening options to be installed if noise complaints are received, and 6) If applicant receives notification of complaints, sound dampening devices must be constructed upon notice by City. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED. 2) The Aberdeen Development Corporation and Dakota Pet Care, LLC requested permission, as per site plan submitted, to 1) permit the operation of a Veterinary Clinic, which would be an Appeal to the Board of Zoning Adjustment, and 2) to permit pet boarding, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 3, ADC 2019-1 First Subdivision in the NE!Z Section 16-T123N-R63W, a.k.a. 701 Production Street N. Chanda Nilsson was present to represent the property. Following discussion, Grebner moved, and VanDeRostyne seconded, to approve with the following stipulations: 1) A plat must be submitted, approved, and filed with the Register of Deeds Office, 2) A plan must be approved, and a permit obtained prior to construction, 3) All required inspections must be completed, and 4) Any signage must be approved and permitted prior to installation. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED. 3) New Hope Fellowship and The Montessori School of Aberdeen, Inc requested permission, as per site plan submitted, for 1) existing 40sf freestanding sign to remain, rather than the permitted 16sf, which would be a 24sf Freestanding Sign Size Variance and 2) to construct an additional freestanding sign, which would be an Appeal to the Board of Zoning Adjustment, 3) to install a 75 sf freestanding sign in addition to an existing 40sf freestanding sign for a total of 1 15sf of freestanding signage rather than the permitted 16sf, which would be a 99sf Freestanding Sign Variance, and 4) to retain unused 120sf wall sign in addition to the two freestanding signs for a total of 235sf of total signage rather than the permitted 36sf, which would be a 199sf Maximum 1 Board of Zoning Adjustment February 10,2022 Sign Size Variance, all on Howard’s Outlet A, a.k.a. 515 Eighth Avenue NW. Susan Dallager and Gilbert Vilhauer were present to represent the property. Following discussion, Grebner moved, and Weigel seconded, to approve item #1. Upon roll call, all members voting aye, the motion carried. FREESTANDING SIGN SIZE VARIANCE APPROVED. Following discussion, Grebner moved to approve item #2. This motion failed due to lack of a second. Upon further discussion, Grebner moved, and Weigel seconded to deny item #2. Upon roll call, VanDeRostyne aye, Weigel nay, Babcock nay, Grebner nay, Schumacher nay (1 aye, 4 nay), the motion failed. APPEAL DENIED. Following further discussion, Grebner moved, and Schumacher seconded, to approve item #2 with the stipulation that the brick sign needs to be removed if a new sign is installed. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED. Following discussion, Weigel moved, and VanDeRostyne seconded, to approve item #3. Upon roll call, all members voting nay, the motion failed. FREESTANDING SIGN VARIANCE DENIED. Upon further discussion, VanDeRostyne moved, and Schumacher seconded, to approve and amend item #3 to permit a 75sf freestanding sign with the stipulation that the wall signs are removed, or a wall sign up to 75sf may be installed with no second freestanding sign or additional wall signs allowed. Upon roll call, all members voting aye, the motion carried. FREESTANDING SIGN VARIANCE APPROVED. Following discussion, Schumacher moved, and Grebner seconded, to approve item #4 with a 1 15sf total signage rather than the permitted 36sf with the stipulation that permits must be obtained for any new signage. Upon roll call, all members voting aye, the motion carried. MAXIMUM SIGN SIZE VARIANCE APPROVED. 4) Charles & Ryanna Whiting requested permission, as per site plan submitted, to permit a two-family residence on a property that is 8,620sf in size rather than the required 10,000sf, which would be a 1, 3 80sf Minimum Lot Size Variance, all on Lot 24, Block 4, Lampert’s First Addition, Including Vacated Street R.O.W., a.k.a. 1426 Harrison Street N. Charles and Ryanna Whiting were present to represent the property. Following discussion, Grebner moved, and VanDeRostyne seconded, to approve with the following stipulations: 1) Any Building and Fire Code Requirements must be met, and 2) If any remodeling is required, the proper permits must be obtained prior to construction. Upon roll call, all members voting aye, the motion carried. MINIMUM LOT SIZE VARIANCE APPROVED. OTHER BUSINESS: There being no further business before the Board, Grebner moved, and Schumacher seconded, to adjourn the meeting, all members voting aye, the motion carried. I z.Z/zZ> Amanda Kamphuis ' Board of Zoning Adjustment Secretary February 10, 2022 2

Agenda

AGENDA REGULARLY SCHEDULED MEETING ABERDEEN CITY BOARD OF ZONING ADJUSTMENT Thursday, February 10, 2022 - 8:00 A.M. First Floor Council Chambers - Municipal Building I. Call to Order II. Roll Call III. Approval of Minutes 1) January 13, 2022 IV. Open Forum 8:00-8:10 A.M. (SEE FORMAT GUIDELINES AT END OF AGENDA) V. Old Business VI. New Business 1) Plaza Rentals, LLP and Jackson Doeden request permission, as per site plan submitted, to permit the operation of a bitcoin mining facility, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 1, Kendall/Johnson Subdivision of Lot 31, Auto Plaza Addition, a.k.a. 605 East Drive. 2) The Aberdeen Development Corporation and Dakota Pet Care, LLC request permission, as per site plan submitted, to 1) permit the operation of a Veterinary Clinic, which would be an Appeal to the Board of Zoning Adjustment, and 2) to permit pet boarding, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 3, ADC 2019-1 First Subdivision in the NE¼ Section 16-T123N-R63W, a.k.a. 701 Production Street N. 3) New Hope Fellowship and The Montessori School of Aberdeen, Inc request permission, as per site plan submitted, for 1) existing 40sf freestanding sign to remain, rather than the permitted 16sf, which would be a 24sf Freestanding Sign Size Variance and 2) to construct an additional freestanding sign, which would be an Appeal to the Board of Zoning Adjustment and 3) to install a 75sf freestanding sign in addition to an existing 40sf freestanding sign for a total of 115sf of freestanding signage rather than the permitted 16sf, which would be a 99sf Freestanding Sign Variance, and 4) to retain unused 120sf wall sign in addition to the two freestanding signs for a total of 235sf of total signage rather than the permitted 36sf, which would be a 199sf Maximum Sign Size Variance, all on Howard’s Outlot A, a.k.a. 515 Eighth Avenue NW. 4) Charles & Ryanna Whiting request permission, as per site plan submitted, to 1) permit a two- family residence on a property that is 8,620sf in size rather than the required 10,000sf, which would be a 1,380sf Minimum Lot Size Variance, all on Lot 24, Block 4, Lampert’s First Addition, Including Vacated Street R.O.W., a.k.a. 1426 Harrison 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.

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