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Board of Zoning Adjustment

Regular Meeting

Aberdeen, SD · July 11, 2024

AgendaMinutes

Minutes

Board of Zoning Adjustment July 11, 2024 MINUTES BOARD OF ZONING ADJUSTMENT July 11, 2024 The Board of Zoning Adjustment Meeting was held on Thursday, July 11, 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 via telephone, Gardner, 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, Mike Hepola, Code Enforcement Officer, and Emily Ellingson, Board of Zoning Adjustment Secretary. Gardner moved, and Sommers seconded, to approve the Board of Zoning Adjustment Minutes of June 13, 2024, all members voting aye, the motion carried. OPEN FORUM – No one was present. Paula Nelson recited the Board of Zoning Adjustment Meeting Information and Procedure Statement. OLD BUSINESS – None. NEW BUSINESS: 1) First Reformed Church requested permission, for the construction of a Parking Lot as a primary land use in a R-3 High Density Residential Zoning District, which would be an Appeal to the Board of Zoning Adjustment, all on the North 40’ of Lot 17, Block 10, Lawson’s First Replat, a.k.a. 914 Dakota St S. Jeff Casanova was present to represent the property. Following discussion, Gardner moved, and Weigel seconded, to approve this item upon the following conditions: (1) Alley must remain open to public traffic at all times. (2) No parking in corner visibility triangles. (3) If the alley is vacated, properties must be consolidated with a plat. (4) City Forester must review proposal and any landscape requirements must be met. (5) ADA signage must be reviewed, and changes made as necessary. Jeff Casanova verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. APPEAL CONDITIONALLY APPROVED, DECISION MODIFIED. 2) Nathan and Dominique Ross requested permission, as per site plan submitted, to construct a 6’ x 16’ covered front porch 19’ from the East property line rather than the required 25’, which would be a 6’ Building Variance, all on Lot 1, Block 3, Bader & Hyde 1st Addition, a.k.a. 122 Park St S. Dominique Ross was present to represent the property. Following discussion, Weigel moved, and Gardner seconded, to deny this item. Upon roll call, all members voting aye, the motion carried. BUILDING VARIANCE DENIED. 3) Fred Albert Ludwig and John Isaac Ludwig requested permission, as per site plan submitted, to permit the open storage and parking of vehicles, trailers, campers, and portable Conex containers, which would be a Special Exception, all on Lot 5-6, Block 22, Highland Park Addition & Vacated Alleys & Streets, a.k.a. 1323 9th Ave SW, and all on Lot 7-8, Block 22, Highland Park Addition & Vacated Alleys & Streets, a.k.a. 915 14th St S. Fred Albert Ludwig and John Isaac Ludwig were present to represent the property. Following discussion, Gardner moved, and Weigel seconded, to approve this item upon the following conditions: (1) This Special Exception is for Fred Albert Ludwig and John Isaac Ludwig only, as long as they are the owner/operator of the proposed use and in compliance with all conditions applied to this Special Exception. (2) All vehicles, trailers, and equipment stored openly on this property must be licensed and operable per state law and city ordinance requirements and stored 1 Board of Zoning Adjustment July 11, 2024 in a neat and orderly manner. (3) The entire property must be maintained in a neat and orderly manner at all times which includes: All vegetation, lot area surface, and all structures on the property, including fences must be properly maintained. (4) No junk, discard, waste, or trash may be stored on site (collection of junk, building material waste, any discard, pallets, appliances, vehicle parts, trash, and loose trash are not allowed). (5) No illegal or unpermitted signage. (6) No storage in the 35’ corner visibility triangle(s). (7) Any required landscaping must be completed. (8) Property must be replatted. (9) Permits must be obtained for the TWO buildings that were moved onto the lot without proper permits in place. Fred Albert Ludwig and John Isaac Ludwig verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. SPECIAL EXCEPTION CONDITIONALLY APPROVED OTHER BUSINESS: 1) Paula Nelson gave the board an update on the property at 2502 6th Ave. SE. There being no further business before the Board, Weigel moved, and Gardner seconded, to adjourn the meeting, all members voting aye, the motion carried. Emily Ellingson Board of Zoning Adjustment Secretary July 11, 2024 2

Agenda

AGENDA REGULARLY SCHEDULED MEETING ABERDEEN CITY BOARD OF ZONING ADJUSTMENT Thursday, July 11, 2024 - 8:00 A.M. First Floor Council Chambers - Municipal Building I. Call to Order II. Roll Call III. Approval of Minutes 1) June 13, 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) First Reformed Church requests permission, for the construction of a Parking Lot as a primary land use in a R-3 High Density Residential Zoning District, which would be an Appeal to the Board of Zoning Adjustment, all on the North 40’ of Lot 17, Block 10, Lawson’s First Replat, a.k.a. 914 Dakota St S. 2) Nathan and Dominique Ross request permission, as per site plan submitted, to construct a 6’ x 16’ covered front porch 19’ from the East property line rather than the required 25’, which would be a 6’ Building Variance, all on Lot 1, Block 3, Bader & Hyde 1st Addition, a.k.a. 122 Park St S. 3) Fred Albert Ludwig and John Isaac Ludwig requests permission, as per site plan submitted, to permit the open storage and parking of vehicles, trailers, campers, and portable Conex containers, which would be a Special Exception, all on Lot 5-6, Block 22, Highland Park Addition & Vacated Alleys & Streets, a.k.a. 1323 9th Ave SW, and all on Lot 7-8, Block 22, Highland Park Addition & Vacated Alleys & Streets, a.k.a. 915 14th St 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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