Board of Zoning Adjustment
Regular MeetingAberdeen, SD · September 14, 2023
Minutes
Board of Zoning Adjustment
September 14, 2023
MINUTES
BOARD OF ZONING ADJUSTMENT
September 14, 2023
The Board of Zoning Adjustment Meeting was held on Thursday, September 14, 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 Babcock, Weigel, Schumacher, Gardner and
VanDeRostyne. Also present were Ken Hubbart, City Planner, Benjamin Phillips, GIS Coordinator, Eric Miller,
Interim Planning & Zoning Director, David Dosch, Code Enforcement Officer, Barry Dunlavy, Building Official,
Matt Hill, Building Inspector, Stuart Nelson, Assistant City Engineer and Emily Ellingson, Board of Zoning
Adjustment Secretary.
Weigel moved, and Gardner seconded, to approve the Board of Zoning Adjustment Minutes of August 10, 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) Lamont Office Building, LLC, and Colleen Hericks requested permission, as per site plan submitted, to
permit the operation of a preschool, which would be an Appeal to the Board of Zoning Adjustment, all on
Lot 2, Blackstone’s Third Subdivision, a.k.a. 14 Main Street S. Colleen Hericks was present to represent
the property. Following discussion, VanDeRostyne moved, and Schumacher seconded, to approve with the
following stipulation: (1) Owner must adhere to any and all Building and Fire Code requirements. Upon
roll call, all members voting aye, the motion carried. APPEAL APPROVED
2) Joop Bollen requested permission, as per site plan submitted, to construct an accessory structure in the front
yard rather than the required rear yard of the property, which would be an Appeal to the Board of Zoning
Adjustment, all on Lot 2, Bollen First Addition, a.k.a. 1402 Willow Drive. Joop Bollen Jr. and Joop Bollen
was present to represent the property. Following discussion, Schumacher moved, and Gardner seconded,
to deny this item. Upon roll call, all members voting nay, the motion failed. Following further discussion,
Schumacher moved, and Gardner seconded, to approve this item with the following stipulations: (1) A
permit to construct the residence must be issued at same time as garage. (2) All construction of the house
and garage must be completed within the 2-year life of the permit. (3) Owner must adhere to any and all
Building and Fire Code requirements. (4) Garage may not exceed 24’ x 30’ in size. APPEAL APPROVED.
3) 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. George Dennert was present
to represent the property. Following discussion, Gardner moved, and Schumacher seconded, to deny this
item. Upon roll call, VanDeRostyne aye, Weigel nay, Babcock nay, Gardner aye, Schumacher nay (3 nay,
2 aye), the motion failed. Following further discussion, Schumacher moved, and Babcock seconded, to
approve this item with the following stipulations: (1) This Building Variance is for George Dennert only,
as long as he is the owner of this property, at which time it must be removed. (2) If the owner builds a
garage the carport must be removed from the property. Upon roll call, VanDeRostyne aye, Weigel aye,
Babcock aye, Gardner nay, Schumacher aye (4 aye, 1 nay), the motion carried. BUILDING VARIANCE
APPROVED.
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Board of Zoning Adjustment
September 14, 2023
4) Tom Suedmeier requested permission as per site plan submitted, to construct a 12’x26’ addition to attached
garage 4.3’ from a proposed new North property line rather than the required 8’, which would be a 3.7’
Building Variance, all on Lot 13 and a portion of Lot 12, Block 4, Mel-Ros Addition of Mel-Ros Estates to
the City of Aberdeen, a.k.a. 1501 Mel-Ros Drive. Tom Suedmeier was present to represent the property.
Following discussion, Schumacher moved, and Babcock seconded, to deny this item. Upon roll call,
VanDeRostyne, aye, Weigel, nay, Babcock, aye, Gardner, aye, Schumacher, aye (4 aye, 1 nay), the motion
carried. Following further discussion, Weigel moved, and VanDeRostyne seconded to approve construction
of addition 5’ from north lot line with the following stipulations: (1) The property and adjacent property
must be replatted. (2) Permit must be obtained prior to construction. (3) Lot lines must be located to verify
setbacks. (4) All required inspections must be completed. (5) Garage must remain 5’ from the lot line. Upon
roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED.
5) The Aberdeen Development Corporation and Lamar Outdoor requested permission, to (1) install a 10’x21’
Full Color EMC off-premise sign as an accessory land use in addition to an existing primary use, which
would be an Appeal to the Board of Zoning Adjustment, and (2) to permit a new off-premise sign 176’
from an adjacent off-premise sign rather than the permitted 600’, which would be a 424’ Separation
Variance, all on Lot 1, First Overpass Subdivision, a.k.a. 124 First Avenue NW. Kameron Keck was present
to represent the property. Following discussion, Gardner moved, and Schumacher seconded, to deny this
item. Upon roll call, VanDeRostyne, aye, Weigel, nay, Babcock, nay, Gardner, aye, Schumacher, nay (3
nay, 2 aye), the motion failed. Following further discussion, Schumacher moved, and Weigel seconded to
approve this item with the following stipulations: (1) Permit must be obtained prior to installation. (2) Off
premise EMC must be operated in accordance with City Ordinance. (3) The previously approved request at
103 Second Street now shall become null and void. (4) Digital display must be on the north face of EMC.
Upon roll call, VanDeRostyne nay, Weigel aye, Babcock aye, Gardner aye, Schumacher aye (4 aye, 1 nay),
the motion carried. SEPARATION VARIANCE APPROVED.
6) Bernard Tomek and Ryan Sanborn requested permission, as per site plan submitted, to (1) permit the open
storage, parking or sale of vehicles and products, which would be a Special Exception in a (C-2) Highway
Commercial Zoning District, and (2) to place two shipping containers on the property for use as storage
containers, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 1, Tomek’s First
Subdivision, a.k.a. 4055 Sixth Avenue SE. ITEM WITHDRAWN BY APPLICANT.
7) David Severson requested permission, as per site plan submitted, for (1) existing residence to remain 5’4”
from the North property line rather than the required 25’, which would be a 19’8” Building Variance, and
(2) 5’ from the South property line rather than the required 20’, which would be a 15’ Building Variance,
in order to (3) construct a 4’9” x18’ uncovered deck and stairs 0’ from the North property line rather than
the required 15’, which would be a 15’ Building Variance, all on Lots 1-2, Block 40, Hagerty & Lloyd
Addition, a.k.a. 614 Third Avenue NE. Ashley Griffith was present to represent the property. Following
discussion, Gardner moved, and Schumacher seconded, to approve items #1-2. Upon roll call, all members
voting aye, the motion carried. BUILDING VARIANCES APPROVED. Following further discussion,
VanDeRostyne moved, and Schumacher seconded, to approve item #3 with the following stipulations: (1)
A permit must be obtained with penalty assessed for failure to comply with prior notification. (2) An
inspection must be completed to assure compliance with building codes & setbacks requirements. (3) A
building permit must be obtained no later than October 1, 2023. (4) Steps must be moved to the east end
and deck may be 18’x 4’ 9” in size. Upon roll call, all members voting aye, the motion carries. BUILDING
VARIANCE APPROVED.
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Board of Zoning Adjustment
September 14, 2023
OTHER BUSINESS:
1) Ken Hubbart introduced new board member Brad Gardner, and Matt Hill as the City’s newest Building
Inspector.
2) Ken Hubbart updated the board on Hub City Auto’s property and Loren Feist’s Property.
There being no further business before the Board, Gardner moved, and VanDeRostyne seconded, to adjourn the
meeting, all members voting aye, the motion carried.
Emily Ellingson
Board of Zoning Adjustment Secretary
September 14, 2023
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Agenda
AGENDA
REGULARLY SCHEDULED MEETING
ABERDEEN CITY BOARD OF ZONING ADJUSTMENT
Thursday, September 14, 2023 - 8:00 A.M.
First Floor Council Chambers - Municipal Building
I. Call to Order
II. Roll Call
III. Approval of Minutes
1) August 10, 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) Lamont Office Building, LLC, and Colleen Hericks request permission, as per site plan
submitted, to permit the operation of a preschool, which would be an Appeal to the Board
of Zoning Adjustment, all on Lot 2, Blackstone’s Third Subdivision, a.k.a. 14 Main Street
S.
2) Joop Bollen requests permission, as per site plan submitted, to construct an accessory
structure in the front yard rather than the required rear yard of the property, which would
be an Appeal to the Board of Zoning Adjustment, all on Lot 2, Bollen First Addition, a.k.a.
1402 Willow Drive.
3) 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.
4) Tom Suedmeier requests permission, as per site plan submitted, to construct a 12’x26’
addition to attached garage 4.3’ from a proposed new North property line rather than the
required 8’, which would be a 3.7’ Building Variance, all on Lot 13 and a portion of Lot
12, Block 4, Mel-Ros Addition of Mel-Ros Estates to the City of Aberdeen, a.k.a. 1501
Mel-Ros Drive.
5) The Aberdeen Development Corporation and Lamar Outdoor request permission, to (1)
install a 10’x21’ Full Color EMC off-premise sign as an accessory land use in addition to
an existing primary use, which would be an Appeal to the Board of Zoning Adjustment,
and (2) to permit a new off-premise sign 176’ from an adjacent off-premise sign rather
than the permitted 600’, which would be a 424’ Separation Variance, all on Lot 1, First
Overpass Subdivision, a.k.a. 124 First Avenue NW.
6) Bernard Tomek and Ryan Sanborn request permission, as per site plan submitted, to (1)
permit the open storage, parking or sale of vehicles and products, which would be a Special
Exception in a (C-2) Highway Commercial Zoning District, and (2) to place two shipping
containers on the property for use as storage containers, which would be an Appeal to the
Board of Zoning Adjustment, all on Lot 1, Tomek’s First Subdivision, a.k.a. 4055 Sixth
Avenue SE
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7) David Severson requests permission, as per site plan submitted, for (1) existing residence
to remain 5’4” from the North property line rather than the required 25’, which would be
a 19’8” Building Variance, and (2) 5’ from the South property line rather than the required
20’, which would be a 5’ Building Variance, in order to (3) construct a 4’9” x18’ uncovered
deck and stairs 0’ from the North property line rather than the required 15’, which would
be a 15’ Building Variance, all on Lots 1-2, Block 40, Hagerty & Lloyd Addition, a.k.a.
614 Third Avenue NE.
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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