Board of Zoning Adjustment

Name: Board of Zoning Adjustment — Aberdeen, SD
Start: 2024-06-13
End: 2024-06-13
Location: Aberdeen, SD

Regular Meeting

Aberdeen, SD · June 13, 2024

Agenda Minutes

Minutes

Board of Zoning Adjustment June 13, 2024 MINUTES BOARD OF ZONING ADJUSTMENT June 13, 2024 The Board of Zoning Adjustment Meeting was held on Thursday, June 13, 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, Sommers, Schumacher, and Babcock. Also present were Ken Hubbart, Community Development Director, Benjamin Phillips, GIS Coordinator, Eric Miller, City Planner, Paula Nelson, City Planner, Destin Spellman, Assistant City Engineer, David Dosch, Code Enforcement Officer and Emily Ellingson, Board of Zoning Adjustment Secretary. Sommers moved, and Weigel seconded, to approve the Board of Zoning Adjustment Minutes of May 9, 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) 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, Weigel moved, and Schumacher seconded, to deny this item. Upon roll call, all members voting aye, the motion carried. APPEAL DENIED, DECISION AFFIRMED. 2) Tyler Brown and Jessica Jacobson requested permission, as per site plan submitted, to operate a daycare as a home occupation, which would be a Special Exception in a (R-2) Medium Density Residential Zoning District, all on Lot 5, Block 4, Northview Fifth Addition, a.k.a. 923 Eleventh Avenue NE. Tyler Brown was present to represent the property. Following discussion, Schumacher moved, and Sommers seconded, to approve this item upon following conditions: (1) Any provided yard/play area must be maintained as a fenced in area prior to the operation of this daycare commencing. (A Building Permit has been issued for the installation of a fence.) (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 children. (4) Age range of children, the number of children and hours of operation must be submitted. (5) This Special Exception is for the owners, as long as they are 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. Tyler Brown verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION CONDITIONALLY APPROVED. 3) Kaitlyn Kassube requested permission, as per site plan submitted, to operate a daycare as a home occupation, which would be a Special Exception in a (R-3) High Density Residential Zoning District, all on Lot 13, Block 1, Addison’s Addition, a.k.a. 817 Twelfth Avenue SE. Kaitlyn Kassube was 1 Board of Zoning Adjustment June 13, 2024 present to represent the property. Following discussion, Schumacher moved, and Weigel seconded, to approve this item upon the following conditions: (1) Any provided yard/play area must be maintained as a fenced in area prior to the operation of this daycare commencing. (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 children. (4) Age range of children, the number of children and hours of operation must be submitted. (5) This Special Exception is for the owners, as long as they are 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. Kaitlyn Kassube verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION CONDITIONALLY APPROVED 4) Jenna Franken requested permission, as per site plan submitted to operate a daycare as a home occupation, which would be a Special Exception in a (R-2) Medium Density Residential Zoning District, all on Lot 8, Replat of Block 1, Huffman’s Second Addition, a.k.a. 1540 Lloyd Street S. Adam Franken was present to represent the property. Following discussion, Sommers moved, and Schumacher seconded, to approve this item upon the following conditions: (1) Any provided yard/play area must be maintained as a fenced in area prior to the operation of this daycare commencing. (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 children. (4) Age range of children, the number of children and hours of operation must be submitted. (5) This Special Exception is for the owners, as long as they are 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. Adam Franken verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION CONDITIONALLY APPROVED. 5) Coung Tran requests permission, as per site plan submitted, to construct an 8’x22’ covered porch 23’ from the South property line rather than the required 25’, which would be a 2’ Building Variance, all on Lot 14, Block 3, Northview Fifth Addition, a.k.a. 1117 10th Avenue NE. Coung Tran was present to represent the property. Following discussion, Schumacher moved, and Weigel seconded, to approve this item upon the following conditions: (1) Building Permit must be obtained. (This covered porch was previously built without a permit in place.) (2) All required inspections must be completed. Coung Tran verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE CONDITIONALLY APPROVED. 6) Nick Stotz requested permission, as per site plan submitted, for 1) existing residence to remain 8’ from the South property line rather than the required 10’, which would be a 2’ Building Variance and 2) 5.5’ from the North property line rather than the required 10’, which would be a 4.5’ Building Variance in order to 3) construct a 69’x32’ addition 8’ from the South property line rather than the required 10’, which would be a 2’ Building Variance, and 4) 5.5’ from the North property line rather than the required 10’, which would be a 4.5’ Building Variance, all on Lot 5, Block 2, Replat of Gorder’s Fourth Addition, a.k.a. 1819 Lincoln Street S. Nick Stotz was present to represent the property. Following discussion, Schumacher moved, and Sommers seconded, to approve this items #1-2. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE APPROVED. Following further discussion, Schumacher moved, and Sommers seconded, to deny items #3-4. Upon roll call, all members voting nay, the motion failed. Following further discussion, Weigel moved, and Sommers 2 Board of Zoning Adjustment June 13, 2024 seconded, to approve items #3-4 upon the following conditions: (1) Building Permit must be obtained prior to work commencing. (2) Property lines must be located to verify setbacks at time of inspection. (3) All required inspections must be completed. Nick Stotz verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE CONDITIONALLY APPROVED. 7) Gary McNeil requested to Appeal a Notice of Condemnation and Order to Demolish a Nuisance Vacant Building, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 3, Bjornson’s Outlots 1-3, in the NW¼ Sect. 20-T123N-R63W, a.k.a. 2502 Sixth Avenue SE. Gary McNeil was present to represent the property. Following discussion, Schumacher moved, and Weigel seconded, to deny this item. Upon roll call, all members voting nay, the motion failed. Upon further discussion, Weigel moved, and Sommers seconded, to modify the decision of the zoning inspector as follows: (1) By July 31st, Gary McNeil will submit a plan for the property to either fully demolish or reconstruct the building. (2) Engineered plans must be submitted, approved, and permit obtained to repair the building by September 27, 2024, or a demolition permit must be obtained, and the entire building must be demolished, and property returned to a developable state by September 27, 2024. If the structure is still in place and a building permit is not obtained by September 27, 2024, the original Notice and Order to Demolish the Nuisance Vacant Building will be enforced. (3) Gary McNeil will be responsible for securing the property and structures from trespassing, vandalism, and other nuisance actions by June 20, 2024. Gary McNeil verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. APPEAL APPROVED, DECISION MODIFIED. OTHER BUSINESS: There being no further business before the Board, Weigel moved, and Sommers seconded, to adjourn the meeting, all members voting aye, the motion carried. Emily Ellingson Board of Zoning Adjustment Secretary June 13, 2024 3

Agenda

AGENDA REGULARLY SCHEDULED MEETING ABERDEEN CITY BOARD OF ZONING ADJUSTMENT Thursday, June 13, 2024 - 8:00 A.M. First Floor Council Chambers - Municipal Building I. Call to Order II. Roll Call III. Approval of Minutes 1) May 9, 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) Jessica Nilson requests 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. 2) Tyler Brown and Jessica Jacobson request permission, as per site plan submitted, to operate a daycare as a home occupation, which would be a Special Exception in a (R-2) Medium Density Residential Zoning District, all on Lot 5, Block 4, Northview Fifth Addition, a.k.a. 923 Eleventh Avenue NE. 3) Kaitlyn Kassube requests permission, as per site plan submitted, to operate a daycare as a home occupation, which would be a Special Exception in a (R-3) High Density Residential Zoning District, all on Lot 13, Block 1, Addison’s Addition, a.k.a. 817 Twelfth Avenue SE. 4) Jenna Franken requests permission, as per site plan submitted, to operate a daycare as a home occupation, which would be a Special Exception in a (R-2) Medium Density Residential Zoning District, all on Lot 8, Replat of Block 1, Huffman’s Second Addition, a.k.a. 1540 Lloyd Street S. 5) Coung Tran requests permission, as per site plan submitted, to construct an 8’x22’ covered porch 23’ from the South property line rather than the required 25’, which would be a 2’ Building Variance, all on Lot 14, Block 3, Northview Fifth Addition, a.k.a. 1117 10th Avenue NE. 6) Nick Stotz requests permission, as per site plan submitted, for 1) existing residence to remain 8’ from the South property line rather than the required 10’, which would be a 2’ Building Variance and 2) 5.5’ from the North property line rather than the required 10’, which would be a 4.5’ Building Variance in order to 3) construct a 69’x32’ addition 8’ from the South property line rather than the required 10’, which would be a 2’ Building Variance, and 4) 5.5’ from the North property line rather than the required 10’, which would be a 4.5’ Building Variance, all on Lot 5, Block 2, Replat of Gorder’s Fourth Addition, a.k.a. 1819 Lincoln Street S. 7) Gary McNeil requests to Appeal a Notice of Condemnation and Order to Demolish a Nuisance Vacant Building, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 3, Bjornson’s Outlots 1-3, in the NW¼ Sect. 20-T123N-R63W, a.k.a. 2502 Sixth Avenue SE. 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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