Board of Zoning Adjustment

Board of Zoning Adjustment September 12, 2024 MINUTES BOARD OF ZONING ADJUSTMENT September 12, 2024 The Board of Zoning Adjustment Meeting was held on Thursday, September 12, 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, Slaight-Hansen, Lander, Schumacher, and Babcock. Also present were Ken Hubbart, Community Development Director, Benjamin Phillips, GIS Coordinator, Eric Miller, City Planner, Destin Spellman, Assistant City Engineer, Barry Dunlavy, Building Official, Brandon Smith, Building Inspector, David Dosch, Code Enforcement Officer, Amber Schwab, Economic Development Manager & Public Information Officer, Ron Wager, City Attorney, and Emily Ellingson, Board of Zoning Adjustment Secretary. Lander moved, and Weigel seconded, to approve the Board of Zoning Adjustment Minutes of August 8, 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) Costello Investments, LLC and Sisters of the Presentation of the Blessed Virgin Mary requested permission, as per site plan submitted, to 1) convert an existing 45 dormitory units to 45 apartment units, which would be a Special Exception in the (R-1) Low Density Residential Zoning District, and 2) to permit 45 existing units to remain rather than the permitted 16 units, which would be a 29 unit Maximum Density Variance, all on Lot 6, Presentation First Addition to the City of Aberdeen, a.k.a. 1928 Main Street N. Staff recommended approval of the Special Exception per the stipulations set forth in the Staff Report. Slaight- Hansen moved, and Lander seconded, to approve item #1. Babcock opened the floor to public discussion of the motion. Bonnie Mogen and Joan Franken with Costello were present to represent the property. Numerous persons who were represented as property owners in the neighborhood attended to oppose the application for Special Exception. Rory King spoke in opposition and stated that the Special Exception for a 45 unit apartment building (1) would not be in character with the neighborhood, (2) would not be compliant with and frustrate the comprehensive zoning plan of the City by placing a high density residential use within a medium density residential district, (3) apartment building tenants were a much different use than the prior use as a student dormitory on a small catholic college including traffic patterns, (4) would open the door for additional apartment complexes in the neighborhood, (5) would negatively impact property values in the neighborhood, (6) that the lack of other options for use, or buyers, of the existing dormitory should not be a Board concern and that other uses may be arranged with Northern, (7) must take into account subsidized housing must comply with the zoning regulations, (8) must consider the Historic District inclusion of some of the houses, (9) must comply with state law and the zoning regulations, (10) would involve a substantial increase in vehicle traffic density in the neighborhood, and (11) that generally speaking the Special Exception would not be within the intent of the R-1 zone for the neighborhood. Weigel asked whether there’s a contradiction in objecting to any apartment building. Babcock asked for a show of hands of persons who agreed with King’s comments including his objection to any apartment building, and a significant majority of the attendees raised their hands. Maggie Russo provided additional comments in opposition regarding the character of the neighborhood and stressed her family’s strong relationship with the Sisters. For that reason they did not object to the dome and the dorms as part of the nursing, educational, and social work mission of the Sisters. Traffic was not a problem with parking from the dorm there would be near misses even though there were RAs and campus security but would not be with 3 people per apt. unit. Joan Franken for the applicant spoke in support and said the proposed 45 unit apartment (1) is part of an affordable housing effort supported by St. Joseph Catholic Housing and the Presentation Sisters and was 1  Board of Zoning Adjustment September 12, 2024 listed by the realtor as being available for multi-family residential use, (2) would have fewer tenants than when it had approx. 160 dormitory students, (3) would have a resident apartment manager, (4) would have a security system to help monitor the premises, and (5) is expected to only have 60 vehicles for its use as an apartment building with children rather than all adults. Slaight-Hansen asked about future plans to finish Main Street and was told by staff there is no plan to finish it. Babcock noted that the Board had no control over how the property was listed for sale. Hubbart discussed other mixed-use situations around town and that the proposed apartment units would have probably about half of the vehicle demand. Landers asked if other apt. complexes of this proposed size in town. Hubbart reported that the dorm was originally built as an accessory building for an educational institution, so no Special Exception required at that time. Steve Peters, a property owner on Lilac Lane, provided additional comments in opposition and predicted a likely increase, not reduction, in traffic if the Special Exception was allowed and that the traffic pattern on Main St. would need to be changed to properly manage the access off 15th Avenue. Babcock asked if applicant would agree to a reduction of the apt. building to 16 units but Franken said it would not be financially feasible. There being no further discussion, Babcock called for the vote on the motion. Upon roll call, Slaight-Hansen aye, Weigel nay, Babcock, nay, Lander nay, Schumacher abstain (3 nay, 1 aye, 1 abstain), the motion failed. SPECIAL EXCEPTION DENIED. No action was taken on item #2 as a result of the action on item #1. 2) Kenneth Wolff requested permission, as per site plan submitted, to construct a 19’x19’ pergola addition to residence 3’ from the East property line rather than the required 8’, which would be a 5’ Building Variance, all on Lot 1, Wolff’s addition to the City of Aberdeen, a.k.a. 1405 18th Avenue NE. Kenneth Wolff was present to represent the property. Following discussion, Schumacher moved, and Slaight-Hansen seconded to approve this item 5’ from the East lot line with 2’ overhang 3’ from the Lot line with the following conditions: (1) Permit must be obtained prior to construction. (2) All inspections must be completed, and setbacks verified at time of inspection. (3) Sides may not be enclosed. Kenneth Wolff verbally accepted the conditions of approval. Upon roll call, Slaight-Hansen aye, Weigel nay, Babcock aye, Lander aye, Schumacher aye (4 aye, 1 nay), the motion carried. BUILDING VARIANCE CONDITIONALLY APPROVED. 3) Sinclair Land & Cattle Co requested permission, as per site plan submitted, to 1) permit 90 parking stalls rather than the previously approved 102 stalls, which would be a 12 stall parking variance, and 2) to allow the existing 412sf of total signage on proposed Lot 1, Lamont Twelfth Addition to remain, rather than the permitted 185sf, which would be a 227sf Sign Variance, and 3) to permit existing freestanding EMC sign on Lot 1 to advertise for future tenants of Lot 2, Lamont Twelfth Addition, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 1, Lamont Second Addition, a.k.a. 3502 Seventh Avenue SE. Eric Sinclair was present to represent the property. Following discussion, Schumacher moved, and Slaight-Hansen seconded to approve item #1. Upon roll call, all members voting aye, the motion carried. PARKING VARIANCE APPROVED. Following further discussion, Lander moved, and Weigel seconded, to approve item #2 with the following conditions: (1) The amount of signage on Proposed Lot 1 may not exceed the current amount of 412sf. (2) Permits must be obtained prior to installation. Eric Sinclair verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. SIGN VARRIANCE CONDITIONALLY APPROVED. Following further discussion, Slaight-Hansen moved, and Schumacher seconded to approve item #3 with the following conditions: (1) The sign may only advertise uses on Lots 1&2, Lamont Twelfth Addition. (2) No additional freestanding signs may be installed on Lots 1 or 2. Eric Sinclair verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. APPEAL CONDITIONALLY APPROVED. 4) Marvin Development of North Dakota, LLC and Sinclair Land & Cattle Co requested permission, as per site plan submitted, to permit the existing off-premise EMC sign to advertise for tenants of proposed Lots 1&2, Lamont Twelfth Addition, which would be an Appeal to the Board of Zoning Adjustment, all on Lot 1, Lamont Third Addition, a.k.a. 615 Centennial Street S. Eric Sinclair was present to represent the property. Following discussion, Schumacher moved, and Lander seconded, to approve this item with the following conditions: (1) The sign may only advertise uses on Lots 1&2, Lamont Twelfth Addition. (2) No additional freestanding signs may be installed on Lots 1 & 2. (3) No additional off premise advertising may be 2  Board of Zoning Adjustment September 12, 2024 permitted on the sign. Eric Sinclair verbally accepted the conditions of approval. Upon roll call, all members voting aye, the motion carried. APPEAL CONDITIONALLY APPROVED. OTHER BUSINESS: 1) Ken Hubbart introduced Jennifer Slaight-Hansen as a new alternate to the board. There being no further business before the Board, Lander moved, and Slaight-Hansen seconded, to adjourn the meeting, all members voting aye, the motion carried. Emily Ellingson Board of Zoning Adjustment Secretary September 12, 2024 3