Board of Zoning Adjustment

Board of Zoning Adjustment June 9, 2022 MINUTES BOARD OF ZONING ADJUSTMENT June 9, 2022 The Board of Zoning Adjustment Meeting was held on Thursday, June 9, 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, Fjeldheim, Babcock, Grebner, and Schumacher. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Eric Miller, City Planner, Jeremiah Maxfield, Planning Technician, Stu Nelson, Assistant City Engineer, Paula Nelson, Code Enforcement Officer, and Amanda Kamphuis, Board of Zoning Adjustment Secretary. Grebner moved, and VanDeRostyne seconded, to approve the Board of Zoning Adjustment Minutes of May 12, 2022, all members voting aye, the motion carried. OPEN FORUM – No one was present. 1) Jake Jundt requested permission, as per site plan submitted, to permit the open storage of vehicles, machinery, construction equipment, fill material and other items related to a construction business, which would be a Special Exception in an (I-2) Unrestricted Industrial District, all on Lots 1-3&12, Except the West 75’ of Lot 12, Block 50, Northwestern Addition & the East ½ of Vacated Alley Adjacent to Lots, a.k.a. 19 Jackson Street N. Jake Jundt was present to represent the property. Following discussion, Grebner moved, and Fjeldheim seconded, to approve with the following stipulations: 1) All materials, vehicles, machinery, etc. must be removed from public right-of-ways and properly stored on private property, 2) No junk, unlicensed or inoperable vehicles or machinery may be stored outside, 3) Property must be maintained in a neat and orderly manner at all times, 4) Any Code Enforcement violates must be corrected, 5) This Special Exception is for Jake Jundt only, as long as he is the owner/operator of this use, 6) Tall grass, weeds, noxious weeds are not allowed, and 7) Discard, trash, and building waste will not be allowed. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. 2) Roman Catholic Church requested permission, as per site plan submitted, for 1) existing 48sf freestanding sign to remain rather than the permitted 16sf, which would be a 32sf Maximum Sign Size Variance, and 2) to permit the existing 84sf of total wall and freestanding signage rather than the permitted 36sf to remain, which would be a 48sf Maximum Sign Size Variance and 3) to permit a third wall sign 16sf in size for a total of 100sf of total signage rather than the permitted 36sf, which would be a 64sf Maximum Sign Size Variance, all on Lot 1, Sacred Heart First Subdivision, a.k.a. 409 Third Avenue SE. Jeff Swank was present to represent the property. Following discussion, Grebner moved, and Fjeldheim seconded, to approve items #1 and #2. Upon roll call, all members voting aye, the motion carried. MAXIMUM SIGN SIZE VARIANCES APPROVED. Upon further discussion, Grebner moved, and Fjeldheim seconded, to approve item #3 with the stipulation that a permit must be obtained prior to installation. Upon roll call, all members voting aye, the motion carried. MAXIMUM SIGN SIZE VARIANCE APPROVED. 3) Dakota Storage, Inc requested permission, as per site plan submitted, to 1) construct a mini-storage unit, which would be a Special Exception in a (C-2) Highway Commercial Zoning District, and 2) to construct a mini-storage building that is 60’ wide rather than the permitted 30’, which would be 1  Board of Zoning Adjustment June 9, 2022 a 30’ Maximum Width Variance, all on Lot 3, Fuhrman’s Second Addition to the City of Aberdeen, a.k.a. 1603 Eighth Avenue NE. Kurt Weisbeck was present to represent the property. Following discussion, Grebner moved, and Schumacher seconded, to approve items #1 and #2 with the following stipulations: 1) Plans must be approved and a permit obtained prior to construction, and 2) All required inspections must be completed. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. MAXIMUM WIDTH VARIANCE APPROVED. Chairman Babcock stepped down as Chairman for the next two items and Grebner proceeded as Acting Chairman. 4) Dacotah Banks, Inc requested permission, as per site plan submitted to permit the installation of 124 parking stalls that are 9’ wide rather than the permitted 10’, which would be a 1’ Minimum Parking Stall Width Variance, all on Lots 1-7, McNaughten’s Subdivision, Lots 3-4, Block 27, First Addition and Lots 1-5, Narregang’s First Resubdivision of Lots 5-6, Block 27 of the First Addition, a.k.a. 12,18 and 20 Fourth Avenue SE and 404, 410, 414 and 420 Lincoln Street S. Robert Fouberg was present to represent the property. Following discussion, Schumacher moved, and Grebner seconded, to approve this request. Upon roll call, VanDeRostyne aye, Fjeldheim aye, Babcock abstain, Grebner aye, Schumacher aye (4 aye, 1 abstain), the motion carried. MINIMUM PARKING STALL WIDTH VARIANCE APPROVED. 5) Lee Park Storage, LLC requested permission, as per site plan submitted, to 1) construct three mini- storage buildings, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, and 2) to construct three mini-storage buildings that are 50’ wide rather than the permitted 30’, which would be three 20’ Maximum Width Variances and 3) 240’ long rather than the permitted 120’, which would be three 120’ Maximum Depth Variances, all on Proposed Lot 1, Lee Park Storage First Subdivision to the City of Aberdeen, a.k.a. 1021 Olive Drive. Rod Tobin was present to represent the property. Following discussion, Schumacher moved, and VanDeRostyne seconded, to approve items #1 - #3 with the following stipulations: 1) Plans must be approved and a permit obtained prior to construction, and 2) Plat of property must be approved and filed with the Register of Deeds Office. Upon roll call, VanDeRostyne aye, Fjeldheim aye, Babcock abstain, Grebner aye, Schumacher aye (4 aye, 1 abstain), the motion carried. SPECIAL EXCEPTION APPROVED. MAXIMUM WIDTH VARIANCES APPROVED. MAXIMUM DEPTH VARIANCES APPROVED. Babcock proceeded as Chairman for the remainder of the meeting. 6) Plaza Rentals, LLP and Jackson Doeden requested permission, as per site plan submitted, to permit the operation of 150 bitcoin mining units rather than the previously approved 70, 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. There being no representative present, this item was moved to the end of the agenda. 7) Ronald Janish and Jason Vilhauer requested permission, as per site plan submitted, to plat a lot with 20’ of frontage rather than the permitted 50’, which would be a 30’ Minimum Lot Frontage Variance, all on Lot 1, Janish Addition, a.k.a. 1127 Ninth Avenue SW. Ronald Janish and Jason Vilhauer were present to represent the property. Grebner moved, and Schumacher seconded, to 2  Board of Zoning Adjustment June 9, 2022 deny this request. Upon roll call, VanDeRostyne aye, Fjeldheim aye, Babcock nay, Grebner nay, Schumacher aye (3 aye, 2 nay), the motion failed. No further action taken due to lack of a motion. 6) Plaza Rentals, LLP and Jackson Doeden requested permission, as per site plan submitted, to permit the operation of 150 bitcoin mining units rather than the previously approved 70, 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 was present to represent the property. Following discussion, VanDeRostyne moved, and Grebner seconded, to approve with all previously applied stipulations from the February 10, 2022 Order, which are as follows: 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. 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. Amanda Kamphuis Board of Zoning Adjustment Secretary June 9, 2022 3