Board of Zoning Adjustment

Board of Zoning Adjustment May 9, 2024 MINUTES BOARD OF ZONING ADJUSTMENT May 9, 2024 The Board of Zoning Adjustment Meeting was held on Thursday, May 9, 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 Pfeifer. Also present were Benjamin Phillips, GIS Coordinator, Eric Miller, City Planner, Paula Nelson, City Planner, Barry Dunlavy, Building Official, Destin Spellman, Assistant City Engineer and Emily Ellingson, Board of Zoning Adjustment Secretary. Gardner moved, and Weigel seconded, to approve the Board of Zoning Adjustment Minutes of April 11, 2024, all members voting aye, the motion carried. OPEN FORUM – No one was present. OLD BUSINESS – None. NEW BUSINESS: 1) Don Hamlin requested permission, as per site plan submitted, to permit the open storage and parking of vehicles, trailers, building materials and related items in association with a property maintenance business, which would be a Special Exception in the (I-2) Unrestricted Industrial Zoning District, all on Lot 1 & 3-6 and the East 22’ of Lots 19-22 & 24, Block 65, Hagerty & Lloyd Addition and Adjacent Vacated Alley ROW, a.k.a. 324 Railroad Avenue SE. Don Hamlin was present to represent the property. Following discussion, Schumacher moved, and Weigel seconded, to approve this item upon the following conditions: (1) This Special Exception is for Don Hamlin only, as long as he is the owner/operator of the proposed use. (2) All vehicles and trailers must be licensed and operable as applicable, and for the use of this business. (3) The property itself must be properly maintained. (4) No junk, discard, building material waste, or trash may be stored on site. Don Hamlin verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION CONDITIONALLY APPROVED. 2) Furreal Pawsibilities and B&B Real Estate requested permission, as per site plan submitted, to operate a kennel operation consisting of grooming and boarding, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, all on Lot 23, Auto Plaza Addition to Aberdeen, a.k.a. 729 Circle Drive. Allison Marnette was present to represent the property. Following discussion, Schumacher moved, and Weigel seconded, to approve this item upon following conditions: (1) This Special Exception is for Furreal Pawsibilities only, as long as they are the owner/operator of the proposed use. (2) Certificate of Occupancy must be obtained prior to operating. (3) Must comply with any state or federal requirements. Allison Marnette verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION CONDITIONALLY APPROVED. 3) Darrell Wiest requested permission, as per site plan submitted, for 1) existing 10’x12’ shed to remain 6’ from the East property line rather than the required 25’, which would be a 19’ Building Variance, and 2) to construct a 10’x20’ storage shed 23’ from the East property line rather than the required 25’, which would be a 2’ Building Variance, all on Lot 14, Block 1, HAPI Third Subdivision, a.k.a. 902 Thirteenth Avenue SW. Darrell Weist was present to represent the property. Following discussion, Schumacher moved, and Gardner seconded, to approve item #1 upon the following conditions: (1) Variance is for existing structure only, as long as it remains at this location. Darrell Weist verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE CONDITIONALLY APPROVED. Following further discussion, Schumacher moved, and Pfeifer seconded, to approve item #2. Upon roll call, Pfeifer aye, Weigel aye, Babcock aye, Gardner aye, Schumacher nay (4 aye, 1 nay), the motion carried. BUILDING VARIANCE APPROVED. 1  Board of Zoning Adjustment May 9, 2024 4) Jessica Nilson requested permission, as per site plan submitted, to permit the operation of a real estate office as the sole use of a residence, which would be an Appeal to the Board of Zoning Adjustment in the (R-3) High Density Residential Zoning District, all on The South 50’ of the East 25’ of Lot 10 & the South 50’ of Lots 11-12, Block 20, Highland Park Addition and the adjacent 32’ of Vacated Ninth Avenue SW Public ROW, a.k.a. 824 Twelfth Street S. Jessica Nilson was present to represent the property. Following discussion, Pfeifer moved, and Schumacher seconded, to approve this item. Upon roll call, Pfeifer aye, Weigel nay, Babcock aye, Gardner nay, Schumacher nay (2 aye, 3 nay), the motion failed. APPEAL DENIED, DECISION AFFIRMED. 5) Verne Little requested permission, as per site plan submitted, to permit the open storage and parking of vehicles, trailers, building materials and related items in association with a construction business, which would be a Special Exception in the (C-2) Highway Commercial Zoning District, all on Lot 1, Third Overpass Subdivision to the City of Aberdeen, a.k.a. 120 First Avenue NW. Verne Little was present to represent the property. Following discussion, Schumacher moved, and Gardner seconded, to approve this item upon the following conditions: (1) This Special Exception is for Verne Little only, as long as he is the owner/operator of the proposed use. (2) All vehicles, trailers, and equipment must be licensed and operable as applicable, and for the use of this business. (3) All materials associated with the business must be neatly organized and stored appropriately. (4) The property itself must be properly maintained. (5) No junk, discard, building material waste, or trash may be stored on site. (6) No storage may occur in any corner visibility triangle. Verne Little verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION CONDITIONALLY APPROVED. 6) Amerco Real Estate Company requested permission, as per site plan submitted, to permit the installation of a 1200 gallon above ground propane filling station and cylinder sales and exchange, which would be an Appeal in the (C-2) Highway Commercial Zoning District, all on Shopko Outlot of Howard’s Outlot B, a.k.a. 500 Fifth Avenue NW. Shawn Odden was present to represent the property. Following discussion, Gardner moved, and Schumacher seconded, to approve this item upon the following conditions: (1) Permit must be obtained prior to installation. (2) All required inspections must be completed. (3) Any and all Fire Marshal requirements must be met. (4) Installation must comply with NFPA 58 and 2018 International Fire Code Chapter 61 for compliance. (5) An 18 lb. multipurpose dry chemical fire extinguisher must be provided within 50’ of the propane storage location. Shawn Oden verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. APPEAL CONDITIONALLY APPROVED, DECISION MODIFIED. 7) Bill Hottman requested permission, as per site plan submitted, to install five 10’x20’ parking stalls rather than the required six stalls, which would be a one stall Minimum Parking Stall Variance, all on Lot 1, Block 56, Thomas Addition, a.k.a. 912 Third Street S. Bill Hottman was present to represent the property. Following discussion, Schumacher moved, and Gardner seconded, to approve this item upon the following condition: (1) A permit must be obtained prior to construction. Bill Hottman verbally accepted the condition of approval. Upon roll call, all members voting aye, the motion carried. MINIMUM PARKING STALL VARIANCE CONDITIONALLY APPROVED. 8) State Street Commons, LLC requested permission, as per site plan submitted, to provide 35 off-street parking stalls rather than the required 53 stalls, which would be an 18 stall Minimum Parking Stall Variance, all on Lot 1, Citizen’s Building Addition to Aberdeen, a.k.a. 202 Main Street S. TJ Hochstetler and Spencer Sommers were present to represent the property. Following discussion, Schumacher moved, and Pfeifer seconded, to approve this item upon the following conditions: (1) A lease for the 35 off-street parking stalls must be submitted prior to a building permit being issued. (2) Owner is responsible to maintain 35 private parking stalls as long as the apartments exist. (3) 2 of the required parking stalls must be ADA compliant. Spencer Sommers and TJ Hochstetler verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. MINIMUM PARKING STALL VARIANCE CONDITIONALLY APPROVED. 9) Safe Harbor requested permission, as per site plan submitted, to permit the construction of a 10’x20’ accessory structure in the side yard rather than the permitted rear yard of the property, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 1, Block 5, HAPI Third Central Subdivision, a.k.a. 2005 Merton Street S. Chad Nilson was present to represent the property. Following discussion, Weigel moved, and Schumacher seconded, to approve this item upon the following conditions: (1) A permit must be obtained prior to construction. (2) All required inspections must be completed. (3) Property lines must be located to verify setbacks at time of inspection. Chad Nilson verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion 2  Board of Zoning Adjustment May 9, 2024 carried. APPEAL CONDITIONALLY APPROVED, DECISION MODIFIED. OTHER BUSINESS: 1) Eric Miller asked the board to preliminary review a Daycare for Tyler Brown that will be coming before the board at the June 13th meeting. 2) Eric Miller welcomed new board member Julie Pfeifer. There being no further business before the Board, Pfeifer moved, and Weigel seconded, to adjourn the meeting, all members voting aye, the motion carried. Emily Ellingson Board of Zoning Adjustment Secretary May 9, 2024 3