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Board of Zoning Adjustment

Regular Meeting

Aberdeen, SD · March 9, 2023

AgendaMinutes

Minutes

Board of Zoning Adjustment March 9, 2023 MINUTES BOARD OF ZONING ADJUSTMENT March 9, 2023 The Board of Zoning Adjustment Meeting was held on Thursday, March 9, 2023, 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, David Dosch, Code Enforcement Officer, Paula Nelson, Code Enforcement Officer, Barry Dunlavy, Building Inspector, and Amanda Kamphuis, Board of Zoning Adjustment Secretary. VanDeRostyne moved, and Winter seconded, to approve the Board of Zoning Adjustment Minutes of February 9, 2023, all members voting aye, the motion carried. OPEN FORUM – No one was present. Ken recited the Board of Zoning Adjustment Meeting Information and Procedure Statement. OLD BUSINESS – None. NEW BUSINESS: 1) Plaza Rentals, LLP requested permission, as per site plan submitted, to (1) permit a group project consisting of two 7 unit condominium buildings, which would be a Special Exception in a (R-2) Medium Density Residential Zoning District, and (2) to permit 14 units rather than the permitted 13, which would be a one unit Maximum Density Variance, and (3) to permit a group project consisting of 1.19 acres rather than the permitted 2 acres, which would be a .81acre Minimum Lot Size Variance, all on Lots 1&2, Prospect Townhome Addition, a.k.a. 1916 Prospect Avenue SE and 1915 Tenth Avenue SE. Jason Erickson of Siegel, Barnett & Schutz, LLP was present to represent the property. Following discussion, Weigel moved, and VanDeRostyne seconded, to approve with the stipulation that a plat must be approved and filed with the Register of Deed’s Office. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. MAXIMUM DENSITY VARIANCE APPROVED. MINIMUM LOT SIZE VARIANCE APPROVED. 2) Secure Storage, LLC requested permission, as per site plan submitted, to (1) permit the construction of three mini-storage buildings, which would be an Appeal to the Board of Zoning Adjustment in the (I-2) Unrestricted Industrial 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 Width Variance, and (3) 250’ long rather than the permitted 120’, which would be a 130’ Maximum Length Variance and (4) to construct a mini-storage building that is 35’ wide rather than the permitted 30’, which would be a 5’ Maximum Width Variance, all on Lot 1, Secure Storage, LLC Subdivision, a.k.a. 318 First Avenue SW. Chris Gross was present to represent the property. Following discussion, Weigel moved, and VanDeRostyne seconded, to approve item #1 with the following stipulations: (1) Plans must be approved and permits obtained prior to construction, (2) All required inspections must be completed, (3) All Building and Fire Code stipulations shall apply, and (4) Special Exception for open storage granted April 14, 2022 will become void upon completion of sixth building to avoid impeding necessary access for fire apparatus. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED. Upon further discussion, Weigel moved, and Fjeldheim seconded, to approve items #2-4 with the stipulation that all Building and Fire Code requirements are met. Upon roll call, all members voting aye, the motion carried. MAXIMUM WIDTH VARIANCES APPROVED. MAXIMUM LENGTH VARIANCE APPROVED. 1 Board of Zoning Adjustment March 9, 2023 Chairman Babcock stepped down as Chairman for the next item and Weigel proceeded as Acting Chairman. 3) Skyline Development, LLC requested permission, as per site plan submitted to (1) permit the construction of three mini-storage buildings, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, and (2) to construct a mini-storage building that is 55’ wide rather than the permitted 30’, which would be a 25’ Maximum Width Variance, and (3) to construct a mini-storage building that is 196’ in length rather than the permitted 120’, which would be a 76’ Maximum Length Variance and (4) to construct a mini-storage building that is 196’ in length rather than the permitted 120’, which would be a 76’ Maximum Length Variance and (5) to construct a mini-storage building that is 250’ in length rather than the permitted 120’, which would be a 130’ Maximum Length Variance and (6) to construct three mini-storage buildings with 23’ tall sidewalls rather than the permitted 16’, which would be a 7’ Maximum Sidewall Height Variance, all on Lot 2, Fessenden Addition, a.k.a. 2505 Eighth Avenue NE. Aaron Waldo of Quest Development and Bob Babcock of Helms & Associates were present to represent the property. Following discussion, Fjeldheim moved, and Winter seconded, to approve with the following stipulations: (1) Plans must be approved and a permit obtained prior to construction, (2) All required inspections must be completed, (3) All Building and Fire Code requirements must be met, (4) No open storage on property without Zoning Board approval, and (5) All landscaping requirements must be met, as well as maintaining the landscape buffer required by previous rezoning. Upon roll call, VanDeRostyne aye, Fjeldheim aye, Babcock abstain, Weigel aye, Winter aye (4 aye, 1 abstain), the motion carried. SPECIAL EXCEPTION APPROVED. MAXIMUM WIDTH VARIANCE APPROVED. MAXIMUM LENGTH VARIANCES APPROVED. MAXIMUM SIDEWALL HEIGHT VARIANCE APPROVED. Babcock proceeded as Chairman for the remainder of the meeting. 4) Roman Catholic Church requested permission, as per site plan submitted, to permit the expansion of a Sacred Heart Catholic Cemetery, which would be a Special Exception in the (R-1) Low Density Residential Zoning District, all on Lot 3 Hedger’s Outlots, including Vacated Lancelot Drive and Kettering Outlot A in the NE¼ Section 18-T123N-R63W, a.k.a. 125 and 220 Lancelot Drive N. Deacon Jeff Swank was present to represent the property. Following discussion, VanDeRostyne moved, and Winter seconded, to approve with the stipulation that a plat is approved and filed with the Register of Deed’s Office. Upon roll call, VanDeRostyne aye, Fjeldheim abstain, Babcock aye, Weigel aye, Winter aye (4 aye, 1 abstain), the motion carried. SPECIAL EXCEPTION APPROVED. OTHER BUSINESS: 1) Brett Bill announced that this is Amanda Kamphuis’ last meeting as Board of Zoning Adjustment Secretary. She was promoted to City of Aberdeen Compliance and Records Specialist and will begin those duties on Monday, March 13th. There being no further business before the Board, Weigel moved, and Fjeldheim seconded, to adjourn the meeting, all members voting aye, the motion carried. Amanda Kamphuis Board of Zoning Adjustment Secretary March 9, 2023 2

Agenda

AGENDA REGULARLY SCHEDULED MEETING ABERDEEN CITY BOARD OF ZONING ADJUSTMENT Thursday, March 9, 2023 - 8:00 A.M. First Floor Council Chambers - Municipal Building I. Call to Order II. Roll Call III. Approval of Minutes 1) February 9, 2023 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 requests permission, as per site plan submitted, to (1) permit a group project consisting of two 7 unit condominium buildings, which would be a Special Exception in a (R-2) Medium Density Residential Zoning District, and (2) to permit 14 units rather than the permitted 13, which would be a one unit Maximum Density Variance, and (3) to permit a group project consisting of 1.19 acres rather than the permitted 2 acres, which would be a .81acre Minimum Lot Size Variance, all on Lots 1&2, Prospect Townhome Addition, a.k.a. 1916 Prospect Avenue SE and 1915 Tenth Avenue SE. 2) Secure Storage, LLC requests permission, as per site plan submitted, to (1) permit the construction of three mini-storage buildings, which would be an Appeal to the Board of Zoning Adjustment in the (I-2) Unrestricted Industrial 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 Width Variance, and (3) 250’ long rather than the permitted 120’, which would be a 130’ Maximum Length Variance and (4) to construct a mini-storage building that is 35’ wide rather than the permitted 30’, which would be a 5’ Maximum Width Variance, all on Lot 1, Secure Storage, LLC Subdivision, a.k.a. 318 First Avenue SW. 3) Skyline Development, LLC requests permission, as per site plan submitted to (1) permit the construction of three mini-storage buildings, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, and (2) to construct a mini-storage building that is 55’ wide rather than the permitted 30’, which would be a 25’ Maximum Width Variance, and (3) to construct a mini-storage building that is 196’ in length rather than the permitted 120’, which would be a 76’ Maximum Length Variance and (4) to construct a mini-storage building that is 196’ in length rather than the permitted 120’, which would be a 76’ Maximum Length Variance and (5) to construct a mini-storage building that is 250’ in length rather than the permitted 120’, which would be a 130’ Maximum Length Variance and (6) to construct three mini-storage buildings with 23’ tall sidewalls rather than the permitted 16’, which would be a 7’ Maximum Sidewall Height Variance, all on Lot 2, Fessenden Addition, a.k.a. 2505 Eighth Avenue NE. 4) Roman Catholic Church requests permission, as per site plan submitted, to permit the expansion of a Sacred Heart Catholic Cemetery, which would be a Special Exception in the (R-1) Low Density Residential Zoning District, all on Lot 3 Hedger’s Outlots, including Vacated Lancelot Drive and Kettering Outlot A in the NE¼ Section 18-T123N-R63W, a.k.a. 125 and 220 Lancelot Drive 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. MEETING INFORMATION AND PROCEDURE Meetings of the City of Aberdeen Board of Zoning Adjustment are when the Board conducts public hearings and issues its decisions on applications for special exceptions or variances and for appeals of decisions or actions of a zoning or code enforcement official. The Board conducts the hearings informally and as necessary to secure the information required for it to make a decision but the formal rules of procedure and evidence do not apply to these hearings. All meeting agendas are published and posted as required by law. Each member of the Board is provided an agenda packet before the meeting. The agenda packet includes the meeting agenda, copies of all applications along with the supporting documentation, and the written recommendations of City Staff regarding each application. If not already provided, a copy of the Staff recommendations will be provided to each Applicant upon request. All information provided to the Board in the agenda packet for each application is considered part of the record for that application. Any member of the public wishing to speak must first be recognized by the Chair, must speak into one of the microphones in the room, and must state their name. The purpose for this rule is to ensure a clear record of anyone speaking in support of, or in opposition to, an item on today’s agenda. Staff have been instructed to assist the Board in making sure there is a clear record. The Chair may rule out of order any speaker who is not recognized by the Chair, who fails to identify themself, or who does not speak into a microphone. Depending on the relief sought in an application, the Board may deny all or part of the application, it may modify the requirements of any order of the city official, or it may approve the application without conditions or it may impose conditions, also known as stipulations. If the Board’s approval of an application is contingent upon certain conditions being met, the Applicant may agree to the conditions or refuse the conditions. If the Applicant does not agree to the conditions in writing, the application will be deemed denied. Staff will be available after the meeting to assist the Applicant with understanding the conditions and obtaining the Applicant’s agreement to them.

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