Board of Zoning Adjustment

Board of Zoning Adjustment December 14, 2023 MINUTES BOARD OF ZONING ADJUSTMENT December 14, 2023 The Board of Zoning Adjustment Meeting was held on Thursday, December 14, 2023, in the Aberdeen City Hall, First Floor Council Chambers, Aberdeen, South Dakota with Schumacher presiding as Acting Chairman. Acting Chairman Schumacher called the meeting to order. Members present at roll call were Fjeldheim, Gardner, Schumacher and VanDeRostyne. Also present were Ken Hubbart, Community Development Director, Benjamin Phillips, GIS Coordinator, Eric Miller, City Planner, Paula Nelson, City Planner, David Dosch, Code Enforcement Officer, Mike Thompson, Fire Marshal, Stuart Nelson, Public Works Director/City Engineer, Destin Spellman, Assistant City Engineer, Robin Bobzien, City Manager, Ron Wager, City Attorney and Emily Ellingson, Board of Zoning Adjustment Secretary. VanDeRostyne moved, and Gardner seconded, to approve the Board of Zoning Adjustment Minutes of November 9, 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) Aberdeen Investment Management, LLC and Dakota Roofing requested permission, as per site plan submitted, to permit the open storage and parking of vehicles, trailers, materials and equipment associated with a roofing business, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, all on Lots 1-2, Highland Park Addition and the North 16’ of the North ½ of I.S. Dayton’s Outlot A and Vacated Street, a.k.a. 1209 Sixth Avenue SW. Taylor Oser was present to represent the property. Following discussion, VanDeRostyne moved, and Gardner seconded, to approve this item with the following stipulations: (1) This Special Exception is for Dakota Roofing only, as long as they are a tenant in this location. (2) All vehicles must be licensed and operable. (3) All items must be for the use of this business in its normal operation. (4) No illegal or unpermitted signage may be allowed at this site. (5) Property must be maintained in a neat & orderly manner at all times. (6) No open storage of other people’s property. (7) No storage in 35’ corner visibility triangles on this lot. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. 2) Ashton Davis and Wylie Meadows, LLC requested permission, as per site plan submitted, to place a 7’x16’ enclosed trailer on a vacant lot for the purpose of advertising lots for sale, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 11, Block 3, Wylie Meadows Second Addition, a.k.a. 1631 Eighteenth Street N. There being no representative present, this item was moved to the end of the agenda. 3) Jency Agency, Inc. requested permission, as per site plan submitted, to 1) permit a four unit apartment building rather than the permitted one unit, which would be 3 unit Maximum Density Variance, and 2) to provide two off-street parking stalls rather than the required 6, which would be a 4 stall Minimum Parking Variance, all on The West 47’ of Lots 1-3, Block 94, Hagerty & Lloyd Addition, a.k.a. 420 Fourth Avenue SE. There being no representative present, this item was moved to the end of the agenda. 1  Board of Zoning Adjustment December 14, 2023 4) Ryan Sanborn and Heartland Powersports requested permission, as per site plan submitted, to permit the open storage, parking or sale of ATVs, boats, trailers and similar items, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, and 2) to permit the open storage of two shipping containers on the property for storage, which would be a Special Exception, all on Lot C, Church of God Addition and Lot 29, Auto Plaza Addition, a.k.a. 302 and 308 East Drive. Ryan Sanborn was present to represent the property. Following discussion, Fjeldheim moved, and Gardner seconded, to approve item #1 with the following stipulations: (1) This Special Exception is for Heartland Powersports only, as long as they are the owner/operator of proposed use. (2) No unlicensed, inoperable or junk vehicles may be stored outside. (3) No illegal or unpermitted signage. (4) No off- premise storage. (5) Property must be maintained in a neat & orderly manner at all times. (6) Plat of property must be approved & filed. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. Following further discussion, Gardner moved, and VanDeRostyne seconded, to approve item #2 with the following stipulations: (1) Must meet building code requirements for anchoring containers. (2) Containers must be in good repair and made aesthetically similar to building by painting to match if painting is necessary. (3) Permit must be obtained prior to placing containers on property. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. 5) Lamont Companies 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 1, Block 3, Willowwood Fifth Addition, a.k.a. 1008 Illinois Street S. Kody Schochenmaier was present to represent the property. Following discussion, VanDeRostyne moved, and Fjeldheim seconded, to approve this item. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED. 6) Lamont Companies 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, Willowwood Fifth Addition, a.k.a. 1012 Illinois Street S. Kody Schochenmaier 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. 7) Lamont Companies requested permission, as per site plan submitted, to construct a twin home 0’ from the East property line rather than the required 8’, which would be an 8’ Building Variance, all on Lot 5, Block 1, Willowwood Fifth Addition, a.k.a. 2803 Airline Avenue SE. Kody Schochenmaier was present to represent the property. Following discussion, VanDeRostyne moved, and Fjeldheim seconded, to approve this item, upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED. 8) Lamont Companies requested permission, as per site plan submitted, to construct a twin home 0’ from the West property line rather than the required 8’, which would be an 8’ Building Variance, all on Lot 6, Block 1, Willowwood Fifth Addition, a.k.a. 2809 Airline Avenue SE. Kody Schochenmaier was present to represent the property. Following discussion, VanDeRostyne moved, and Fjeldheim seconded, to approve this item. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED. 2  Board of Zoning Adjustment December 14, 2023 2) Ashton Davis and Wylie Meadows, LLC requested permission, as per site plan submitted, to place a 7’x16’ enclosed trailer on a vacant lot for the purpose of advertising lots for sale, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 11, Block 3, Wylie Meadows Second Addition, a.k.a. 1631 Eighteenth Street N. Ashton Davis was present to represent the property. Following discussion, VanDeRostyne moved, and Fjeldheim seconded, to deny this item. Upon roll call, all members voting aye, the motion carried. APPEAL DENIED. 3) Jency Agency, Inc. requested permission, as per site plan submitted, to 1) permit a four unit apartment building rather than the permitted one unit, which would be 3 unit Maximum Density Variance, and 2) to provide two off-street parking stalls rather than the required 6, which would be a 4 stall Minimum Parking Variance, all on The West 47’ of Lots 1-3, Block 94, Hagerty & Lloyd Addition, a.k.a. 420 Fourth Avenue SE. Ashton Davis was present to represent the property. Following discussion, Gardner moved, and VanDeRostyne seconded, to approve item #1 with the following stipulations: (1) Plans must be approved, and permit obtained prior to construction. (2) All required inspections must be completed. Upon roll call, all members voting aye, the motion carried. MAXIMUM DENSITY VARIANCE APPROVED. Following further discussion, VanDeRostyne moved, and Fjeldheim seconded, to deny item #2. Upon roll call, all members voting aye, the motion carried. Upon further discussion, VanDeRostyne moved, and Fjeldheim seconded, to approve item #2 with the following stipulations: (1) The property owner must provide 4 off-street parking spots. Upon roll call, all members voting aye, the motion carried. MINIMUM PARKING VARIANCE APPROVED. OTHER BUSINESS: 1) Stuart Nelson introduced Destin Spellman as the newest Assistant City Engineer for the City of Aberdeen. 2) Ken Hubbart introduced Paula Nelson as the newest Planner for the City of Aberdeen. 3) Ken Hubbart discussed the Administrative Variance Ordinance Amendment. There being no further business before the Board, VanDeRostyne moved, and Fjeldheim seconded, to adjourn the meeting, all members voting aye, the motion carried. Emily Ellingson Board of Zoning Adjustment Secretary December 14, 2023 3