Board of Zoning Adjustment
Regular MeetingAberdeen, SD · November 9, 2023
Minutes
Board of Zoning Adjustment
November 9, 2023
MINUTES
BOARD OF ZONING ADJUSTMENT
November 9, 2023
The Board of Zoning Adjustment Meeting was held on Thursday, November 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 Babcock, Weigel, Gardner,
Schumacher and VanDeRostyne. Also present were Ken Hubbart, Community Development Director,
Benjamin Phillips, GIS Coordinator, Eric Miller, City Planner, Paula Nelson, Code Enforcement Officer, Mike
Thompson, Fire Marshal, Stuart Nelson, Public Works Director/City Engineer, Ron Wager, City Attorney and
Emily Ellingson, Board of Zoning Adjustment Secretary.
Gardner moved, and Weigel seconded, to approve the Board of Zoning Adjustment Minutes of October 12,
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) Todd Weller requested permission, as per site plan submitted, for existing residence to remain 15’
from the East property line rather than the required 25’, which would be a 10’ Building Variance, all
on Lot 391 and the South 12’ of Lot 390, Morning Heights Addition, a.k.a. 810 McCoy Street S. Todd
Weller was present to represent the property. Following discussion, Weigel moved, and Gardner
seconded, to approve this item. Upon roll call, all members voting aye, the motion carried BUILDING
VARIANCE APPROVED.
2) Jerry Reif requested permission, as per site plan submitted, to permit the installation of a 32sf real
estate sign rather than the permitted 8sf, which would be a 24sf Sign Size Variance, all on Lot 21, Pine
Haven Estates Subdivision, a.k.a. 1601 Twelfth Avenue NE. Lonnie Anderson was present to represent
the property. Following discussion, Schumacher moved, and Gardner seconded, to approve this item
with the following stipulations: (1) Permits must be obtained prior to installation. (2) No additional
real estate signs may be installed for first-time, bare lot listings. Real estate signs for individual realtors
may be installed for resale of lots & homes. (3) Developer may install small signs with Lot Numbers
only on each lot for identification. (4) Sign must be removed upon last initial sale of lots in the
subdivision. Upon roll call, all members voting aye, the motion carried. SIGN SIZE VARIANCE
APPROVED.
3) Jerry Reif requested permission, as per site plan submitted, to permit the installation of a 32sf real
estate sign rather than the permitted 8sf, which would be a 24sf Sign Size Variance, all on Lot 3, Pine
Haven Estates Subdivision, a.k.a. 1425 Lancelot Drive N. Lonnie Anderson was present to represent
the property. Following discussion, Schumacher moved, and Gardner seconded, to approve this item
with the following stipulations: (1) Permits must be obtained prior to installation. (2) No additional
real estate signs may be installed for first-time, bare lot listings. Real estate signs for individual realtors
may be installed for resale of lots & homes. (3) Developer may install small signs with Lot Numbers
only on each lot for identification. (4) Sign must be removed upon last initial sale of lots in the
subdivision. Upon roll call, all members voting aye, the motion carried. SIGN SIZE VARIANCE
APPROVED.
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Board of Zoning Adjustment
November 9, 2023
4) Zoom Investment Group, LLC 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 1, Block 3, Wylie Meadows Second Addition, a.k.a. 1501 Eighteenth Street N.
Brent Meyer was present to represent the property. Following discussion, Schumacher moved, and
Weigel seconded, to approve this item with the following stipulations: (1) All required inspections
must be completed. (2) 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.
5) Zoom Investment Group, LLC 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 2, Block 3, Wylie Meadows Second Addition, a.k.a. 1507 Eighteenth Street N.
Brent Meyer was present to represent the property. Following discussion, Schumacher moved, and
Weigel seconded, to approve this item with the following stipulations: (1) All required inspections
must be completed. (2) 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.
6) Frank and Catherine Infante and Ron & Joyce Wagner Trust 2020 requested permission, as per site
plan submitted, to 1) Appeal the Notice and Order of Nuisance Violations dated October 4, 2023,
requiring the removal or storage inside a building of the accumulation of unlicensed and/or inoperable
vehicles, vehicle parts (including tires), miscellaneous junk items, rental moving vehicles and anything
else not permitted by the nuisance ordinance or associated with the previously revoked Special
Exception for Open Storage, and 2) to permit the open storage of three shipping containers, which
would be a Special Exception in the (C3/R4) Central Business/Special Density Residential Zoning
District, all on Lots 1&2, Block 16, Original Plat of Aberdeen, a.k.a. 6 First Street S. Frank & Catherine
Infante, and Attorney, David Geyer were present to represent the property. Following discussion, no
action was taken on item #1 as applicant has satisfied the Notice & Order of Nuisance Violations.
Following further discussion, VanDeRostyne moved, and Schumacher seconded, to deny item #2.
Upon roll call, all members voting nay, the motion failed. Following further discussion, Schumacher
moved, and VanDeRostyne seconded, to approve item #2 with the following stipulations: (1) Zoning
permit must be obtained prior to placement. (2) Storage containers must be in good repair and be
aesthetically similar to primary structure by May 31, 2024. Upon roll call, all members voting aye, the
motion carried. SPECIAL EXCEPTION APPROVED.
OTHER BUSINESS:
1) Don Weigel congratulated Ken Hubbart on his new position as Community Development Director.
There being no further business before the Board, Gardner moved, and Weigel seconded, to adjourn the
meeting, all members voting aye, the motion carried.
Emily Ellingson
Board of Zoning Adjustment Secretary
November 9, 2023
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Agenda
AGENDA
REGULARLY SCHEDULED MEETING
ABERDEEN CITY BOARD OF ZONING ADJUSTMENT
Thursday, November 9, 2023 - 8:00 A.M.
First Floor Council Chambers - Municipal Building
I. Call to Order
II. Roll Call
III. Approval of Minutes
1) October 12, 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) Todd Weller requests permission, as per site plan submitted, for existing residence to remain 15’
from the East property line rather than the required 25’, which would be a 10’ Building Variance,
all on Lot 391 and the South 12’ of Lot 390, Morning Heights Addition, a.k.a. 810 McCoy Street
S.
2) Jerry Reif requests permission, as per site plan submitted, to permit the installation of a 32sf real
estate sign rather than the permitted 8sf, which would be a 24sf Sign Size Variance, all on Lot 21,
Pine Haven Estates Subdivision, a.k.a. 1601 Twelfth Avenue NE.
3) Jerry Reif requests permission, as per site plan submitted, to permit the installation of a 32sf real
estate sign rather than the permitted 8sf, which would be a 24sf Sign Size Variance, all on Lot 3,
Pine Haven Estates Subdivision, a.k.a. 1425 Lancelot Drive N.
4) Zoom Investment Group, LLC. 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 1, Block 3, Wylie Meadows Second Addition, a.k.a. 1501 Eighteenth Street N.
5) Zoom Investment Group, LLC. 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 2, Block 3, Wylie Meadows Second Addition, a.k.a. 1507 Eighteenth Street N.
6) Frank and Catherine Infante and Ron & Joyce Wagner Trust 2020 request permission, as per site
plan submitted, to 1) Appeal the Notice and Order of Nuisance Violations dated October 4, 2023,
requiring the removal or storage inside a building of the accumulation of unlicensed and/or
inoperable vehicles, vehicle parts (including tires), miscellaneous junk items, rental moving
vehicles and anything else not permitted by the nuisance ordinance or associated with the
previously revoked Special Exception for Open Storage, and 2) to permit the open storage of three
shipping containers, which would be a Special Exception in the (C3/R4) Central Business/Special
Density Residential Zoning District, all on Lots 1&2, Block 16, Original Plat of Aberdeen, a.k.a. 6
First Street S.
VIII. Other Business
IX. Adjournment
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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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