Board of Zoning Adjustment

AGENDA REGULARLY SCHEDULED MEETING ABERDEEN CITY BOARD OF ZONING ADJUSTMENT Thursday, March 14, 2024 - 8:00 A.M. First Floor Council Chambers - Municipal Building I. Call to Order II. Roll Call III. Approval of Minutes 1) February 8, 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) Caleb Hubert and 6th Ave Plaza Management, LLC request permission, as per site plan submitted, to operate a kennel operation consisting of aquatic pets and small animal sales and grooming, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, all on Lots 4-12 and the East 52’ of Lots 15-17, Shannon’s Replat of Block 25, Pierson’s Subdivision in Aberdeen, a.k.a. 1923 Sixth Avenue SE, Suites 105 & 109. 2) West Lake, LLC requests permission, as per site plan submitted, to permit the installation of a 64sf real estate sign rather than the permitted 8sf, which would be a 56sf Sign Variance, all on Lot 75, West Lake First Subdivision, a.k.a. 2301 Colby Avenue NW. 3) West Lake, LLC requests permission, as per site plan submitted, to permit the installation of 1) two freestanding signs rather than the permitted one, which would be a one freestanding sign variance and 2) to permit the installation of two 64sf real estate signs rather than the permitted one 8sf sign, which would be two 56sf Sign Variances, all on Lot 3, West Lake First Subdivision, a.k.a. 518 Harvest Road N. 4) Jordyn Volk requests permission, as per site plan submitted, to permit the operation of a photography studio as the sole use of a residence, which would be an Appeal to the Board of Zoning Adjustment in the (R-2) Medium Density Residential Zoning District, all on Lot 5, Block 2, Normal Addition, a.k.a. 1512 Grant 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.