Board of Zoning Adjustment

Name: Board of Zoning Adjustment — Aberdeen, SD
Start: 2023-10-12
End: 2023-10-12
Location: Aberdeen, SD

Regular Meeting

Aberdeen, SD · October 12, 2023

Agenda Minutes

Minutes

Board of Zoning Adjustment October 12, 2023 MINUTES BOARD OF ZONING ADJUSTMENT October 12, 2023 The Board of Zoning Adjustment Meeting was held on Thursday, October 12, 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 Fjeldheim, Babcock, Weigel, Gardner and VanDeRostyne. Also present were Ken Hubbart, City Planner, Benjamin Phillips, GIS Coordinator, Eric Miller, Interim Planning & Zoning Director, Paula Nelson, Code Enforcement Officer, Barry Dunlavy, Building Official, and Emily Ellingson, Board of Zoning Adjustment Secretary. Gardner moved, and VanDeRostyne seconded, to approve the Board of Zoning Adjustment Minutes of September 14, 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) Daniel and Susan Cybulski requested permission, as per site plan submitted, to (1) construct a 54’x64’ accessory structure in the front or side yard rather than the required rear yard, which would be an Appeal to the Board of Zoning Adjustment, and (2) to construct a 54’x64’ accessory structure that is not aesthetically similar to the primary structure, which would be an Appeal to the Board of Zoning Adjustment, and (3) to construct a 54’x64’ accessory structure with 16’ tall sidewalls rather than the permitted 10’, which would be a Special Exception in the (R-1) Low Density Residential Zoning District, all on Lot 1, Hogg’s First Subdivision, a.k.a. 406 Melgaard Road E. Daniel Cybulski and Koos O’ Kennedy were present to represent the property. Following discussion, VanDeRostyne moved, and Fjeldheim seconded, to deny item #1. Upon roll call, all members voting aye, the motion carried. Following further discussion, Fjeldheim moved, and VanDeRostyne seconded to approve item #1 with the following stipulation: (1) The front of the accessory structure cannot protrude past the front of the house. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED. Following further discussion, Gardner moved, and VanDeRostyne seconded to deny item #2. Upon roll call, all members voting aye, the motion carried. Following further discussion, Weigel moved, and VanDeRostyne seconded to approve item #2 with the following stipulations: (1) The accessory structure must have horizontal lap siding or vertical board and batten style siding. (2) The accessory structure must have a brick wainscoting on the north and east sides of the structure and be either a minimum of 4’ tall or 40% of the height of the side walls of the structure and be aesthetically similar to house in color. (3) The accessory structure’s roof must be an asphalt or architectural shingle aesthetically similar in color, shape, and size to residence. (4) The south 130’ of the property be annexed into City Limits prior to obtaining a permit. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED. Following further discussion, Gardner moved, and VanDeRostyne seconded to deny item #3. Upon roll call, VanDeRostyne nay, Fjeldheim nay, Babcock nay, Gardner aye, Weigel nay (4 nay, 1 aye), the motion failed. Following further discussion, VanDeRostyne moved, and Fjeldheim seconded to approve item #3 with the following stipulation: (1) The property owner must maintain a visual living tree buffer on the north side of the property. Upon roll call, all members voting aye, the motion carried APPEAL APPROVED. {00099037.DOCX / 1} 1 Board of Zoning Adjustment October 12, 2023 2) Nick Rayman requested permission, as per site plan submitted, for existing residence to remain 18.75’ from the South property line rather than the required 25’, which would be a 6.25’ Building Variance, all on Lot 12, Block 43, Hagerty & Lloyd Addition, a.k.a. 815 First Avenue NE. Nick Rayman was present to represent the property. Following discussion, Gardner moved, and VanDeRostyne seconded, to approve this item. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED. 3) Sue Landon requested permission, as per site plan submitted, for (1) existing residence to remain 2’5” from the North property line rather than the required 5’, which would be a 2’7” Building Variance, and (2) 3’9” from the South property line rather than the required 5’, which would be a 1’3” Building Variance, all on Lot 5, Block 22, Simmon’s First Addition to Aberdeen, a.k.a. 1520 Second Street S. Sue Landon was present to represent the property. Following discussion, Fjeldheim moved, and Gardner seconded, to approve items #1-2. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED. 4) James Scepaniak requested permission, as per site plan submitted, to (1) permit the operation of a lawnmower/snowblower repair and sales business as a home occupation in an accessory structure, which would be an Appeal to the Board of Zoning Adjustment, and (2) to permit the open storage and sale of up to 6 lawnmowers and snowblowers, and related items, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 7, Block 5, Nicollet Park Addition, a.k.a. 323 Jackson Street S. James Scepaniak was present to represent the property. Following discussion, VanDeRostyne moved, and Gardner seconded, to approve item #1 with the following stipulations: (1) This approval is for James Scepaniak only, as long as he is the owner and operator of this use. No additional employees may be utilized, and the business may not be sold or passed to another person at this location. (2) Owner must adhere to all other Home Occupation ordinance requirements. (3) Property must be kept in a neat and orderly condition at all times. Any code violations must be addressed immediately upon notification by the Code Enforcement Officer. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED. Following further discussion, Weigel moved, and Fjeldheim seconded to approve item #2 with the following stipulation: (1) No more than two items can be displayed outside. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED. 5) TJL Capital requested permission, as per site plan submitted, for (1) existing residence to remain 13’ from the East property line rather than the required 25’, which would be a 12’ Building Variance, and (2) 3.7’ from the North property line rather than the required 5’, which would be a 1.3’ Building Variance, and (3) for existing unattached garage to remain 14.3’ from the South property line rather than the required 25’, which would be a 10.7’ Building Variance, all on Lots 11-12, Block 23, Hagerty & Lloyd Addition, a.k.a. 323 Fourth Avenue NE. Todd Lamont was present to represent the property. Following discussion, Gardner moved, and Fjeldheim seconded, to approve items #1-3. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCES APPROVED. 6) Terry West requested permission, as per site plan submitted, to (1) construct an accessory structure that is 1300sf in size rather than the permitted 1056sf, which would be a 244sf Accessory Structure Lot Coverage Variance, and (2) to construct a 1300sf accessory structure 19’ from the North property line rather than the permitted 25’, which would be a 6’ Setback Variance, all on Proposed Lot 1, Terry West Addition, a.k.a. 624 Main Street N. Terry West was present to represent the property. Following discussion, Gardner moved, and Fjeldheim seconded, to deny item #1. Upon roll call, all members voting aye, the motion carried. ACCESSORY STRUCTURE LOT COVERAGE VARIANCE DENIED. Following further discussion, Gardner moved, and VanDeRostyne seconded, to deny item #2. Upon roll call, all members voting aye, the motion carried. SETBACK VARIANCE DENIED. {00099037.DOCX / 1} 2 Board of Zoning Adjustment October 12, 2023 7) Schwan Financial Real Estate requested permission, as per site plan submitted, to permit the installation of an off-premise freestanding sign, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 3, Ken’s Supermarket First Addition, a.k.a. 2123 Sixth Avenue SE. Cory Weisenburger was present to represent the property. Following discussion, Fjeldheim moved, and Gardner seconded to deny this item. Upon roll call, all members voting aye, the motion carried. APPEAL DENIED. 8) Dutenhoffer Construction requested permission, as per site plan submitted, to construct a twin home 0’ from the South property line rather than the required 8’, which would be an 8’ Building Variance, all on Lot 5, Block 3, Willowwood Fifth Addition, a.k.a. 1024 Illinois Street S. Delbert Dutenhoffer was present to represent the property. Following discussion, Gardner moved, and Fjeldheim seconded to approve this item with the following stipulations: (1) Plans must be approved, and permit obtained prior to construction. (2) All required inspections must be completed. (3) Property lines must be located to verify setbacks at time of inspection. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED. 9) Dutenhoffer Construction requested permission, as per site plan submitted, to construct a twin home 0’ from the North property line rather than the required 8’, which would be an 8’ Building Variance, all on Lot 6, Block 3, Willowwood Fifth Addition, a.k.a. 1028 Illinois Street S. Delbert Dutenhoffer was present to represent the property. Following discussion, Gardner moved, and Fjeldheim seconded to approve this item with the following stipulations: (1) Plans must be approved, and permit obtained prior to construction. (2) All required inspections must be completed. (3) Property lines must be located to verify setbacks at time of inspection. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED. 10) Trinity Lutheran Church requested permission, as per site plan submitted, to permit the installation of an EMC sign panel on an existing freestanding sign, which would be a Special Exception in the (R-3) High Density Residential Zoning District, all on Lot 1, Trinity Lutheran Church Addition, a.k.a. 915 Dakota Street S. Eric Miller was present to represent the property. Following discussion, Weigel moved, and Gardner seconded to approve this item with the following stipulations: (1) Permit must be obtained prior to installation. (2) No off-premise advertising. (3) Must be operated in accordance with EMC sign ordinance. (4) EMC portion of sign must be turned off between 10pm and 7am. SPECIAL EXCEPTION APPROVED. OTHER BUSINESS: There being no further business before the Board, Weigel moved, and Fjeldheim seconded, to adjourn the meeting, all members voting aye, the motion carried. Emily Ellingson Board of Zoning Adjustment Secretary October 12, 2023 {00099037.DOCX / 1} 3

Agenda

AGENDA REGULARLY SCHEDULED MEETING ABERDEEN CITY BOARD OF ZONING ADJUSTMENT Thursday, October 12, 2023 - 8:00 A.M. First Floor Council Chambers - Municipal Building I. Call to Order II. Roll Call III. Approval of Minutes 1) September 14, 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) Daniel and Susan Cybulski request permission, as per site plan submitted, to (1) construct a 54’x64’ accessory structure in the front or side yard rather than the required rear yard, which would be an Appeal to the Board of Zoning Adjustment, and (2) to construct a 54’x64’ accessory structure that is not aesthetically similar to the primary structure, which would be an Appeal to the Board of Zoning Adjustment, and (3) to construct a 54’x64’ accessory structure with 16’ tall sidewalls rather than the permitted 10’, which would be a Special Exception in the (R-1) Low Density Residential Zoning District, all on Lot 1, Hogg’s First Subdivision, a.k.a. 406 Melgaard Road E. 2) Nick Rayman requests permission, as per site plan submitted, for existing residence to remain 18.75’ from the South property line rather than the required 25’, which would be a 6.25’ Building Variance, all on Lot 12, Block 43, Hagerty & Lloyd Addition, a.k.a. 815 First Avenue NE. 3) Sue Landon requests permission, as per site plan submitted, for (1) existing residence to remain 2’5” from the North property line rather than the required 5’, which would be a 2’7” Building Variance, and (2) 3’9” from the South property line rather than the required 5’, which would be a 1’3” Building Variance, all on Lot 5, Block 22, Simmon’s First Addition to Aberdeen, a.k.a. 1520 Second Street S. 4) James Scepaniak requests permission, as per site plan submitted, to (1) permit the operation of a lawnmower/snowblower repair and sales business as a home occupation in an accessory structure, which would be an Appeal to the Board of Zoning Adjustment, and (2) to permit the open storage and sale of up to 6 lawnmowers and snowblowers, and related items, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 7, Block 5, Nicollet Park Addition, a.k.a. 323 Jackson Street S. 5) TJL Capital, LLC requests permission, as per site plan submitted, for (1) existing residence to remain 13’ from the East property line rather than the required 25’, which would be a 12’ Building Variance, and (2) 3.7’ from the North property line rather than the required 5’, which would be a 1.3’ Building Variance, and (3) for existing unattached garage to remain 14.3’ from the South property line rather than the required 25’, which would be a 10.7’ Building Variance, all on Lots 11-12, Block 23, Hagerty & Lloyd Addition, a.k.a. 323 Fourth Avenue NE. 6) Terry West requests permission, as per site plan submitted, to (1) construct an accessory structure that is 1300sf in size rather than the permitted 1056sf, which would be a 244sf Accessory Structure Lot Coverage Variance, and (2) to construct a 1300sf accessory structure 19’ from the North property line rather than the permitted 25’, which would be a 6’ Setback Variance, all on Proposed Lot 1, Terry West Addition, a.k.a. 624 Main Street N. 7) Schwan Financial Real Estate requests permission, as per site plan submitted, to permit the installation of an off-premise freestanding sign, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 3, Ken’s Supermarket First Addition, a.k.a. 2123 Sixth Avenue SE. 8) Dutenhoffer Construction requests permission, as per site plan submitted, to construct a twin home 0’ from the South property line rather than the required 8’, which would be an 8’ Building Variance, all on Lot 5, Block 3, Willowwood Fifth Addition, a.k.a. 1024 Illinois Street S. 9) Dutenhoffer Construction requests permission, as per site plan submitted, to construct a twin home 0’ from the North property line rather than the required 8’, which would be an 8’ Building Variance, all on Lot 6, Block 3, Willowwood Fifth Addition, a.k.a. 1028 Illinois Street S. 10) Trinity Lutheran Church requests permission, as per site plan submitted, to permit the installation of an EMC sign panel on an existing freestanding sign, which would be a Special Exception in the (R-3) High Density Residential Zoning District, all on Lot 1, Trinity Lutheran Church Addition, a.k.a. 915 Dakota 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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