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Board of Zoning Adjustment

Regular Meeting

Aberdeen, SD · February 8, 2024

AgendaMinutes

Minutes

Board of Zoning Adjustment February 8, 2024 MINUTES BOARD OF ZONING ADJUSTMENT February 8, 2024 The Board of Zoning Adjustment Meeting was held on Thursday, February 8, 2024, 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 Weigel, Gardner, Schumacher, Babcock 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, Barry Dunlavy, Building Official and Emily Ellingson, Board of Zoning Adjustment Secretary. Schumacher moved, and Gardner seconded, to approve the Board of Zoning Adjustment Minutes of January 11, 2024, 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) Kaitlyn Kassube and AIM Property Management requested permission, as per site plan submitted, to permit the operation of a daycare as a home occupation, which would be a Special Exception in a (R-3) High Density Residential Zoning District, all on Lot 20, Block 9, Nicollet Park Addition, a.k.a. 503 Jackson Street S. Kaitlyn Kassube was present to represent the property. Following discussion, Gardner moved, and Weigel seconded, to approve this item with the following stipulations: (1) Any provided yard/play area must be maintained as a fenced in area prior to the operation of this daycare commencing. The existing fence is in place. (2) No more than one individual other than the owner, may work at the daycare at one time. (3) A floor plan must be submitted for review showing the location used for childcare. (4) Age range of children, the number of children and hours of operation must be submitted. (5) This Special Exception is for the owner, as long as she/he is the owner/operator of the proposed use. (6) Announced and unannounced inspections must be permitted by the operator. (7) The operator must schedule a home inspection with the Building Inspection Department and the Fire Marshal in order to verify that Building and Fire Code requirements are met, and any recommended or required changes or modifications must be made. (8) The daycare may not operate until a license has been granted by the Aberdeen City Council. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION APPROVED. OTHER BUSINESS: 1) Ken Hubbart informed the board that Spencer Sommers submitted an application to be an alternate on the board. 2) Ken Hubbart discussed the process for making motions to approve and deny items going forward. 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 February 8, 2024 1

Agenda

AGENDA REGULARLY SCHEDULED MEETING ABERDEEN CITY BOARD OF ZONING ADJUSTMENT Thursday, February 8, 2024 - 8:00 A.M. First Floor Council Chambers - Municipal Building I. Call to Order II. Roll Call III. Approval of Minutes 1) January 11, 2024 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) Kaitlyn Kassube and AIM Property Management request permission, as per site plan submitted, to permit the operation of a daycare as a home occupation, which would be a Special Exception in a (R-3) High Density Residential Zoning District, all on Lot 20, Block 9, Nicollet Park Addition, a.k.a. 503 Jackson 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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