Board of Zoning Adjustment

Board of Zoning Adjustment December 8, 2022 MINUTES BOARD OF ZONING ADJUSTMENT December 8, 2022 The Board of Zoning Adjustment Meeting was held on Thursday, December 8, 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 Weigel, Fjeldheim, Babcock, Grebner, and Schumacher. Also present were Brett Bill, Planning & Zoning Director, Ken Hubbart, City Planner, Eric Miller, City Planner, Stu Nelson, Assistant City Engineer, Paula Nelson, Code Enforcement Officer, Brad Gardner, Building Inspector, and Amanda Kamphuis, Board of Zoning Adjustment Secretary. Grebner moved, and Weigel seconded, to approve the Board of Zoning Adjustment Minutes of November 10, 2022, all members voting aye, the motion carried. OPEN FORUM – No one was present. 1) Bailey Anderson requested permission, as per site plan submitted, to permit the operation of a daycare as a home occupation, which would be a Special Exception in a (R-2) Medium Density Residential Zoning District, all on Lot 1, Block 1, Homes Are Possible Third Subdivision, a.k.a. 1118 Thirteenth Avenue SW. Jake Anderson was present to represent the property. Following discussion, Grebner moved, and Schumacher seconded, to approve with the following stipulations: 1) Any provided yard/play area must be maintained as a fenced in area prior to the operation of this daycare commencing. The fence in place will be replaced by no later than June 30, 2023, 2) No more than one individual other than the owner may work at the daycare at one time, 3) A floor plan must be submitted for review showing the location used for childcare, 4) Age range of children, the number of children, and the hours of operation must be submitted, 5) This Special Exception is for the owner/operator, as long as she is the owner/operator of the proposed use, 6) Announced and unannounced inspections must be permitted by the operator, 7) The operator must schedule a home inspection with the Building Inspection Department and the Fire Marshal in order to verify that Building and Fire Code requirements are met, and any recommended or required charges or modifications must be made, 8) The owner/operator and any employees must be licensed with the City of Aberdeen. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. 2) Thomas & Kathleen Schneider requested permission, as per site plan submitted, to 1) plat a lot that is 45.57’ wide rather than the required 50’, which would be a 4.43’ Minimum Lot Width Variance, and 2) to construct a new residence 12.5’ from the West property line rather than the required 25’, which would be a 12.5’ Setback Variance, all on Proposed Lot 1, T and K Schneider Addition, a.k.a. 110 Lloyd Street N. Thomas Schneider was present to represent the property. Following discussion, Grebner moved, and Schumacher seconded, to approve item #1. Upon roll call, all members voting aye, the motion carried. MINIMUM LOT WIDTH VARIANCE APPROVED. Following further discussion, Fjeldheim moved, and Grebner seconded, to deny item #2. Upon roll call, all members voting nay, the motion failed. Upon further discussion, Grebner moved, and Schumacher seconded, to approve item #2 with the following stipulations: 1) Plans must be submitted prior to construction, 2) All necessary building permits must be obtained prior to construction, and 3) Property lines must be located to verify setbacks. Upon roll call, all members voting aye, the motion carried. SETBACK VARIANCE APPROVED. 1  Board of Zoning Adjustment December 8, 2022 3) Hub City Roofing, Inc. requested permission, as per site plan submitted, to permit the open storage and parking of tires, materials, vehicles, trailers, campers, and similar items, which would be a Special Exception in a (I-2) Unrestricted Industrial Zoning District, all on Lot 1, Hub City Roofing Addition, a.k.a. 118 First Avenue NE. Jerry Mestas was present to represent the property. Following discussion, Grebner moved, and Weigel seconded, to approve with the following stipulations: 1) No items may be stored in First Avenue or Railroad R.O.W., 2) All vehicles must be licensed and operable, 3) No personal storage, only items used for Hub City Roofing, 4) Storage of tires and other items must be done in accordance with Fire Code requirements, 5) All Fire Code and Code Enforcement stipulations must be complied with, and 6) Property must be maintained in a neat and orderly manner at all times. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. 4) Ratna Gundewar requested permission, as per site plan submitted, for existing residence to remain 12’ from the North property line rather than the required 15’, which would be a 3’ Building Variance, all on Lot 1, Block 6, Boyd’s Second Subdivision, a.k.a. 302 Harrison Street S. Joyce Voeller was present to represent the property. Following discussion, Grebner moved, and Schumacher seconded, to approve this request. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED. 5) Midcontinent Communications requested permission, as per site plan submitted, to permit the open storage of materials, vehicles, and trailers, which would be a Special Exception in the (I-2) Unrestricted Industrial Zoning District, all on Lot 1, Midcontinent Addition to the City of Aberdeen, a.k.a. 24 First Avenue NE. Rob Moore was present to represent the property. Following discussion, Grebner moved, and Schumacher seconded, to approve with the following stipulations: 1) No items may be stored in First Ave or Railroad R.O.W., 2) All vehicles must be licensed and operable, 3) No off-premise or personal storage, only items for Midcontinent Communications, 4) All Fire Marshal and Code Enforcement stipulations must be met, and 5) Property must be maintained in a neat and orderly manner at all times. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. 6) Howard Hedger, Inc. requested permission, as per site plan submitted, to 1) permit the construction of a mini-storage facility, 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 a 30’ Maximum Building Width Variance, all on Lot 1, Nordstrom- Pierson Addition to the City of Aberdeen, a.k.a. 2615 Eighth Avenue NE. Chad Jurgens was present to represent the property. Following discussion, Grebner moved, and Fjeldheim seconded to approve item #1. Upon roll call all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. Following further discussion, Grebner moved, and Schumacher seconded, to approve item #2 with the following stipulations: 1) Permits must be obtained prior to construction, 2) Property lines must be located to verify setbacks, 3) All required inspections must be completed, and 4) Must submit a elevation certificate or get a LOMR-F. Upon roll call, all members voting aye, the motion carried. MAXIMUM BUILDING WIDTH VARIANCE APPROVED. 7) Plaza Rentals, LLP requested permission, as per site plan submitted, for 1) existing building to remain 28’ from the North property line rather than the required 35’, which would be a 7’ Building Variance and 2) 5.5’ from the West property line rather than the required 30’, which would be a 2  Board of Zoning Adjustment December 8, 2022 24.5’ Building Variance and 3) for existing freestanding sign to remain 0’ from the East property line rather than the required 10’, which would be a 10’ Building Variance in order to 4) construct a 10’x12’ addition to the existing building 5.5’ from the West property line rather than the required 30’, which would be a 24.5’ Building Variance and 5) to permit the provision of parking stalls 0’ from a residential zoning district rather than the required 10’, which would be a 10’ Parking Variance and 6) to permit the operation of a drive-thru restaurant, which would be a Special Exception in a (C-1) Neighborhood Commercial Zoning District, all on Lots 1-5, Block 31, Bennett & Thomas Addition, a.k.a. 719 Main Street N. Chad Lyke was present to represent the property. Following discussion, Grebner moved, and Schumacher seconded, to approve items #1 and #2. Upon roll call all members voting aye, the motion carried. BUILDING VARIANCES APPROVED. Following further discussion, Grebner moved, and Fjeldheim seconded, to approve item #3 with the stipulation that the owner must obtain a license to occupy the R.O.W. from the City Council for the sign. Upon roll call, all members voting aye, the motion carried. MAXIMUM SIGN VARIANCE APPROVED. Upon further discussion, Grebner moved, and Schumacher seconded, to approve item #4 with the stipulation to match the existing structure. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED. Following further discussion, Grebner moved, and Schumacher seconded, to approve item #5 with the stipulation that any stalls in the corner visibility triangle of the alley and Eighth Avenue are eliminated from the plan. Upon roll call, all members voting aye, the motion carried. PARKING VARIANCE APPROVED. Upon further discussion, Grebner moved, and Schumacher seconded, to approve item #6. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. OTHER BUSINESS: Brett Bill announced that this is Building Inspector Brad Gardner’s last meeting as he is retiring on Friday, December 16, 2022. There being no further business before the Board, Fjeldheim moved, and Weigel seconded, to adjourn the meeting, all members voting aye, the motion carried. Amanda Kamphuis Board of Zoning Adjustment Secretary December 8, 2022 3