Board of Zoning Adjustment
Regular MeetingAberdeen, SD · August 10, 2023
Minutes
Board of Zoning Adjustment
August 10, 2023
MINUTES
BOARD OF ZONING ADJUSTMENT
August 10, 2023
The Board of Zoning Adjustment Meeting was held on Thursday, August 10, 2023, in the Aberdeen City Hall,
First Floor Council Chambers, Aberdeen, South Dakota with Weigel presiding as Acting Chairman. Acting
Chairman Weigel called the meeting to order. Members present at roll call were Grebner, Weigel, Schumacher,
Winter and Fjeldheim. Also present were Ken Hubbart, City Planner, Benjamin Phillips, GIS Coordinator,
Mike Thompson, Fire Marshal, Eric Miller, City Planner, Paula Nelson, Code Enforcement Officer, Brett Bill,
Planning & Zoning Director, and Emily Ellingson, Board of Zoning Adjustment Secretary.
Grebner moved, and Winter seconded, to approve the Board of Zoning Adjustment Minutes of July 13, 2023,
all members voting aye, the motion carried.
OPEN FORUM – No one was present.
Ken Hubbart recited the Board of Zoning Adjustment Meeting Information and Procedure Statement.
OLD BUSINESS – None.
NEW BUSINESS:
1) Kenneth Locke requested permission, as per site plan submitted for (1) existing residence to remain
14’ from the South property line rather than the required 25’, which would be an 11’ Building Variance,
and (2) for front deck to remain 9’ from the South property line rather than the required 15’, which
would be a 6’ Building Variance, and (3) for existing 8’x12’ shed to remain 2’ from the East property
line rather than the required 5’, which would be a 3’ Building Variance, all on Lot 10, Block 42,
Hagerty & Lloyd Addition, a.k.a. 805 Second Avenue NE. Kenneth Locke was present to represent
the property. Following discussion, Grebner moved, and Schumacher seconded, to approve items #1-
3. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED
2) AAB Engineering, LLC requested permission, as per site plan submitted, to provide 35 off-street
parking stalls rather than the required 54, which would be a 19-stall Parking Variance, all on Lot C of
Lot 2 of Howard’s Outlot B, a.k.a. 600 Highway 281 N. Alan Betchan was present to represent the
property. Following discussion, Grebner moved, and Fjeldheim seconded, to approve. Upon roll call,
all members voting aye, the motion carried. PARKING VARIANCE APPROVED.
3) Titan Machinery requested permission, as per site plan submitted to permit the installation of a 58.5sf
freestanding sign in addition to the existing 288sf freestanding sign, which would be an Appeal to the
Board of Zoning Adjustment in the (C-2) Highway Commercial Zoning District, all on Lot 5,
McIntyre’s Subdivision, a.k.a. 4411 Sixth Avenue SE. Rick Thibert was present to represent the
property. Following discussion, Grebner moved, and Schumacher seconded, to deny this item. Upon
roll call, Fjeldheim nay, Winter aye, Weigel nay, Grebner nay, Schumacher nay (4 nay, 1 aye), the
motion failed. Following further discussion, Grebner moved, and Schumacher seconded, to approve
this item. Upon roll call, Fjeldheim aye, Winter nay, Weigel aye, Grebner aye, Schumacher aye (4 aye,
1 nay), the motion carried. APPEAL APPROVED.
4) Judy Bitz requested permission as per site plan submitted, for (1) existing residence to remain 12’ from
the West property line rather than the required 25’, which would be a 13’ Building Variance, in order
to (2) construct a 7’x6’ front deck 6’ from the West property line rather than the required 15’, which
would be a 9’ Building Variance, all on Lots 945-946, Morning Heights Extended Addition to
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Board of Zoning Adjustment
August 10, 2023
Aberdeen, a.k.a. 1105 Cochrane Street S. Michael Bobby 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. BUILDING VARIANCE APPROVED. Following
further discussion, Grebner moved, and Fjeldheim seconded to approve item #2 with the following
stipulations: (1) Plans must be approved, and permit obtained prior to construction. (2) All required
inspections must be completed. (3) Property pins must be located to verify setbacks at time of
inspection. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE
APPROVED.
5) Dakotaland Federal Credit Union requested permission, as per site plan submitted to install a
freestanding electronic message board sign panel, which would be a Special Exception in a (C3/R4)
Central Business/Special Density Residential Zoning District, all on Lot 1, Dakotaland Subdivision,
a.k.a. 224 Sixth Avenue SE. Ryan Goehner was present to represent the property. Following
discussion, Grebner moved, and Schumacher seconded, to approve this item with the following
stipulations: (1) Permit must be obtained prior to installation of the EMC panel. Upon roll call, all
members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED.
6) Brown County requested permission, as per site plan submitted, to plat a lot in a (R-3) High Density
Residential Zoning District that is 35’ wide rather than the permitted 50’, which would be a 15’
Minimum Lot Width Variance, all on Lot 10 & the North 10’ of Lot 11, Block 10, Hagerty & Lloyd
Addition, a.k.a. 605 Arch Street N. Brett Bill was present to represent the property. Following
discussion, Grebner moved, and Winter seconded, to approve this item. Upon roll call, all members
voting aye, the motion carried. MINIMUM LOT WIDTH VARIANCE APPROVED.
7) George Dennert requested permission, as per site plan submitted, to construct a 13’x13.5’ carport 18.5’
from the North property line rather than the required 25’, which would be a 6.5’ Building Variance, all
on Lots 815-816, Morning Heights Extended Addition, a.k.a. 902 High Street S. ITEM
WITHDRAWN BY APPLICANT.
OTHER BUSINESS:
1) Brett Bill presented board member Bill Winter with a plaque for his years of service, as this was his
last meeting.
2) Brett Bill announced that this would be his last meeting and thanked the board for everything over
the years.
There being no further business before the Board, Grebner moved, and Winter seconded, to adjourn the
meeting, all members voting aye, the motion carried.
Emily Ellingson
Board of Zoning Adjustment Secretary
August 10, 2023
2
Agenda
AGENDA
REGULARLY SCHEDULED MEETING
ABERDEEN CITY BOARD OF ZONING ADJUSTMENT
Thursday, August 10, 2023 - 8:00 A.M.
First Floor Council Chambers - Municipal Building
I. Call to Order
II. Roll Call
III. Approval of Minutes
1) July 13, 2023
IV. Open Forum 8:00-8:10 A.M. (SEE FORMAT GUIDELINES AT END OF AGENDA)
V. Board of Zoning Adjustment Meeting Information and Procedure Statement
VI. Old Business
VII. New Business
1) Kenneth Locke requests permission, as per site plan submitted for (1) existing residence to
remain 14’ from the South property line rather than the required 25’, which would be an
11’ Building Variance, and (2) for front deck to remain 9’ from the South property line
rather than the required 15’, which would be a 6’ Building Variance, and (3) for existing
8’x12’ shed to remain 2’ from the East property line rather than the required 5’, which
would be a 3’ Building Variance, all on Lot 10, Block 42, Hagerty & Lloyd Addition, a.k.a.
805 Second Avenue NE.
2) AAB Engineering, LLC requests permission, as per site plan submitted, to provide 35
off-street parking stalls rather than the required 54, which would be a 19-stall Parking
Variance, all on Lot C of Lot 2 of Howard’s Outlot B, a.k.a. 600 Highway 281 N.
3) Titan Machinery requests permission, as per site plan submitted, to permit the installation
of a 58.5sf freestanding sign in addition to the existing 288sf freestanding sign, which
would be an Appeal to the Board of Zoning Adjustment in the (C-2) Highway Commercial
Zoning District, all on Lot 5, McIntyre’s Subdivision, a.k.a. 4411 Sixth Avenue SE.
4) Judy Bitz requests permission, as per site plan submitted, for (1) existing residence to
remain 12’ from the West property line rather than the required 25’, which would be a 13’
Building Variance, in order to (2) construct a 7’x6’ front deck 6’ from the West property
line rather than the required 15’, which would be a 9’ Building Variance, all on Lots 945-
946, Morning Heights Extended Addition to Aberdeen, a.k.a. 1105 Cochrane Street S.
5) Dakotaland Federal Credit Union requests permission, as per site plan submitted to install
a freestanding electronic message board sign panel, which would be a Special Exception
in a (C3/R4) Central Business/Special Density Residential Zoning District, all on Lot 1,
Dakotaland Subdivision, a.k.a. 224 Sixth Avenue SE.
6) Brown County requests permission, as per site plan submitted, to plat a lot in a (R-3) High
Density Residential Zoning District that is 35’ wide rather than the permitted 50’, which
would be a 15’ Minimum Lot Width Variance, all on Lot 10 & the North 10’ of Lot 11,
Block 10, Hagerty & Lloyd Addition, a.k.a. 605 Arch Street N.
7) George Dennert requests permission, as per site plan submitted, to construct a 13’x13.5’
carport 18.5’ from the North property line rather than the required 25’, which would be a
6.5’ Building Variance, all on Lots 815-816, Morning Heights Extended Addition, a.k.a.
902 High Street S.
VIII. Other Business
IX. 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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