Board of Zoning Adjustment
Regular MeetingAberdeen, SD · August 8, 2024
Minutes
Board of Zoning Adjustment
August 8, 2024
MINUTES
BOARD OF ZONING ADJUSTMENT
August 8, 2024
The Board of Zoning Adjustment Meeting was held on Thursday, August 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, Sommers, Lander, 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, Mike Hepola, Code
Enforcement Officer, Barry Dunlavy, Building Official, and Emily Ellingson, Board of Zoning Adjustment
Secretary.
Weigel moved, and Sommers seconded, to approve the Board of Zoning Adjustment Minutes of July 11, 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) Alissa Battest and Terry & Kathryn Larson requested permission as per site plan submitted, to 1) construct
an accessory structure that is not aesthetically similar to the primary structure on the lot, which would be
an Appeal to the Board of Zoning Adjustment in a (C-2) Highway Commercial Zoning District, and 2)
existing primary structure to remain 27’ from South lot line rather than the required 45’, which would be a
18’ Building Variance, all on Lot 1, Larson & Battest First Addition, a.k.a. 2601 6th Ave SE. Tracy &
Alissa Battest were present to represent the property. Following discussion, Weigel moved, and
Schumacher seconded, to deny item #1. Upon roll call, all members voting nay, the motion failed. Upon
further discussion, Schumacher moved, and Sommers seconded to approve item #1 upon the following
conditions: (1) Building Permit must be obtained. (2) Property lines must be located to verify setbacks at
time of inspection. (3) All required inspections must be completed. (4) Upon completion of construction
the primary & accessory structure must be painted with the same color. (5) When primary structure is
reroofed, both structures (primary & accessory) must use the same roofing material. Tracy & Alissa Battest
verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried.
APPEAL CONDITIONALLY APPROVED, DECISION MODIFIED. Following further discussion,
Schumacher moved, and Weigel seconded to approve item #2. Upon roll call, all members voting aye, the
motion carried. BULDING VARIANCE APPROVED.
OTHER BUSINESS:
1) Paula Nelson introduced Lynn Lander and Jennifer Slaight-Hansen as new alternates to the board.
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
August 8, 2024
1
Agenda
AGENDA
REGULARLY SCHEDULED MEETING
ABERDEEN CITY BOARD OF ZONING ADJUSTMENT
Thursday, August 8, 2024 - 8:00 A.M.
First Floor Council Chambers - Municipal Building
I. Call to Order
II. Roll Call
III. Approval of Minutes
1) July 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) Alissa Battest and Terry & Kathryn Larson request permission, as per site plan submitted, to 1) construct
an accessory structure that is not aesthetically similar to the primary structure on the lot, which would be
an Appeal to the Board of Zoning Adjustment in a (C-2) Highway Commercial Zoning District, and 2)
existing primary structure to remain 27’ from South lot line rather than the required 45’, which would be a
18’ Building Variance, all on Lot 1, Larson & Battest First Addition, a.k.a. 2601 6th Ave 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 Community Development 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 Community Development 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 verbally, the application will be deemed denied. Staff will be available after the meeting to assist the Applicant with understanding the conditions.
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