Zoning Board of Adjustment
Regular MeetingSioux Falls, SD · July 15, 2019
Minutes
FINAL MINUTES
Zoning Board of Adjustment
Carnegie Town Hall
Monday, July 15, 2019
6:00 p.m.
MEMBERS PRESENT MEMBERS ABSENT
Chairperson Michael Jones Billy Pollema
Graham Oey Ryan Rients
Aaron Norman
Jacqueline Cole
Craig Markhardt
STAFF PRESENT
Jason Bieber
Bryan Wilcox
Meeting was called to order at 6:00 p.m.
APPROVAL OF MINUTES OF JUNE 17, 2019, MEETING
A motion was made by Craig Markhardt, seconded by Jacqueline
Cole to approve the minutes of June 17, 2019. Chairperson
Michael Jones called for a voice vote. All members voted yes.
Motion passed.
UNFINISHED BUSINESS
Case BOA-010240-2019: Deferred to August 19, 2019
Case BOA-010381-2019: Variance in the required front yard setback from 25’ to
0’ for a 6’ high fence.
Applicant: Robert Galles
Address: 3500 W. Teem Dr.
A motion was made by Craig Markhardt and seconded by Aaron
Norman to approve a variance in the required front yard setback
from 25’ to 0’ for a 6’ high chain-link fence. Vote to approve: Roll
Call: Yeses, Craig Markhardt, Jacqueline Cole, Graham Oey,
Michael Jones, 4. Noes. Aaron Norman, 1. Motion passed.
Variance approved.
1
NEW BUSINESS
Case BOA-010561-2019: Waiver of the Level B buffer yard requirements along
the south property line.
Applicant: Duane Spader
Address: 5517 N. Cliff Ave.
A motion was made by Aaron Norman and seconded by Graham
Oey to approve a waiver of the Level B buffer yard requirements
along the south property line. Vote to approve: Roll Call: Yeses, 0.
Noes. Craig Markhardt, Jacqueline Cole, Aaron Norman, Graham
Oey, Michael Jones 5. Motion failed. Variance denied.
Case BOA-010565-2019: Variance in the rear yard setback from 25’ to 10’ for a
covered screened porch.
Applicant: Sue & Wayne Mossefin
Address: 4209 S. Birchwood Ave.
A motion was made by Craig Markhardt and seconded by
Jacqueline Cole to approve a variance in the required rear yard
setback from 25’ to 10’ for a covered screened porch. An
amendment to the main motion was made by Craig Markhardt and
seconded by Aaron Norman to approve a variance in the required
rear yard setback from 25’ to 15’-6” for a covered screened porch
due to applicant submitting a revised site plan with correct setback
information. Vote to approve amendment: Roll Call: Yeses, Craig
Markhardt, Jacqueline Cole, Aaron Norman, Graham Oey, Michael
Jones, 5. Noes. 0. Motion passed. Amendment approved.
Vote to approve amended main motion: Roll Call: Yeses, Craig
Markhardt, Jacqueline Cole, Aaron Norman, Graham Oey, Michael
Jones, 5. Noes. 0. Motion passed. Variance approved.
Case BOA-010569-2019: WITHDRAWN
Case BOA-010573-2019: Variance in (1) the required minimum lot area for
proposed replat of Lot 18A Orchard Place Tracts from
1 acre to .61 acres and (2) in the minimum lot area for
proposed replat of Lot 19A Orchard Place Tracts from
1 acre to .46 acres.
Applicant: Allen Unruh
Address: 2709, 2801 & 2809 S. Kinkade Ave.
2
A motion was made by Craig Markhardt and seconded by
Jacqueline Cole to approve a variance in (1) the required minimum
lot area for proposed replat of Lot 18A Orchard Place Tracts from 1
acre to .61 acres and (2) in the minimum lot area for proposed
replat of Lot 19A Orchard Place Tracts from 1 acre to .46 acres.
Vote to approve: Roll Call: Yeses, Craig Markhardt, Jacqueline
Cole, Aaron Norman, Michael Jones, 4. Noes, Graham Oey 1.
Motion passed. Variance approved.
Case BOA-010576-2019 Variance in (1) to allow parking in the required front
yard setback, (2) to allow parking in the required side
yard setback & (3) exceeding more than 10% non-
living ground cover in the required front yard setback.
Applicants: Matt & Lindsey Keiper
Address: 2101 S. Holly Ave.
A motion was made by Aaron Norman and seconded by Jacqueline
Cole to approve a variance in (1) to allow parking in the required
front yard setback, (2) to allow parking in the required side yard
setback & (3) exceeding more than 10% non-living ground cover in
the required front yard setback. An amendment to the main motion
was made by Michael Jones and seconded by Graham Oey to
remove paving within the front yard to meet the 90% living ground
cover. No votes were casted to this amendment. A revised
amendment to the main motion was made by Craig Markhardt and
seconded by Graham Oey to defer until August 19th meeting. Vote
to approve amendment: Roll Call: Yeses, Craig Markhardt,
Jacqueline Cole, Aaron Norman, Graham Oey, Michael Jones, 5.
Noes. 0. Motion passed. Amendment to defer approved.
Case BOA-010575-2019 Variance in (1) to allow parking in the required front
yard setback, (2) to allow parking in the required side
yard setback & (3) exceeding more than 10% non-
living ground cover in the required front yard setback.
Applicants: Travis Oehlke
Address: 2109 S. Holly Ave.
A motion to defer until August 19th was made by Craig Markhardt
and seconded by Jacqueline Cole. Vote to defer: Roll Call: Yeses,
Craig Markhardt, Jacqueline Cole, Aaron Norman, Graham Oey,
Michael Jones, 5. Noes. 0. Motion passed. Variance Deferred.
3
Case BOA-010574-2019 Variance in (1) to allow parking in the required front
yard setback, (2) to allow parking in the required side
yard setback & (3) exceeding more than 10% non-
living ground cover in the required front yard setback.
Applicants: Jizele & Todd Pottratz
Address: 2105 S. Holly Ave.
A motion to defer until August 19th was made by Craig Markhardt
and seconded by Graham Oey. Vote to defer: Roll Call: Yeses,
Craig Markhardt, Aaron Norman, Graham Oey, Michael Jones, 4.
Noes. Jacqueline Cole, 1. Motion passed. Variance Deferred.
RECOGNITION OF SERVICE FOR BOARD MEMBER AARON NORMAN
PUBLIC INPUT ON NON-AGENDA ITEMS
There was none.
ADJOURNMENT
A motion was made by Craig Markhardt and seconded by
Jacqueline Cole to adjourn the meeting at 9:00 pm. Chairperson
Jones called for a voice vote. All members voted yes.
Motion Passed.
4
Agenda
Zoning Board of Adjustment
Monday, July 15, 2019
6:00 PM
Carnegie Town Hall, Council Chambers
235 West Tenth Street
Sioux Falls, SD
MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR
PERSONS WITH DISABILITIES. PLEASE CONTACT THE HUMAN RELATIONS OFFICE, FIRST FLOOR, CITY
HALL, 224 WEST 9TH STREET, SIOUX FALLS, SD AT 367-8745 (VOICE) OR 367-7039 (TDD) 48 HOURS IN
ADVANCE OF THE MEETING.
MEETING AGENDA
CALL TO ORDER & OPENING REMARKS
APPROVAL OF MINUTES OF JUNE 17, 2019, MEETING
UNFINISHED BUSINESS
Case BOA-010240-2019: Deferred to August 19, 2019
Case BOA-010381-2019 Variance in the required front yard setback from 25’ to 0’ for a 6’ high
fence.
Applicant: Robert Galles
Address: 3500 W. Teem Dr.
NEW BUSINESS
Case BOA-010561-2019: Waiver of the Level B buffer yard requirements along the south
property line.
Applicant: Duane Spader
Address: 5517 N. Cliff Ave.
Case BOA-010565-2019: Variance in the rear yard setback from 25’ to 10’ for a covered
screened porch.
Applicant: Sue & Wayne Mossefin
Address: 4209 S. Birchwood Ave.
Case BOA-010569-2019: WITHDRAWN
Case BOA-010573-2019: Variance in (1) the required minimum lot area for proposed replat of
Lot 18A Orchard Place Tracts from 1 acre to .61 acres and (2) in the
minimum lot area for proposed replat of Lot 19A Orchard Place
Tracts from 1 acre to .46 acres.
Applicant: Allen Unruh
Address: 2709, 2801 & 2809 S. Kinkade Ave.
Case BOA-010576-2019 Variance in (1) to allow parking in the required front yard setback, (2)
to allow parking in the required side yard setback & (3) exceeding
more than 10% non-living ground cover in the required front yard
setback.
Applicants: Matt & Lindsey Keiper
Address: 2101 S. Holly Ave.
Case BOA-010575-2019 Variance in (1) to allow parking in the required front yard setback, (2)
to allow parking in the required side yard setback & (3) exceeding
more than 10% non-living ground cover in the required front yard
setback.
Applicants: Travis Oehlke
Address: 2109 S. Holly Ave.
Case BOA-010574-2019 Variance in (1) to allow parking in the required front yard setback, (2)
to allow parking in the required side yard setback & (3) exceeding
more than 10% non-living ground cover in the required front yard
setback.
Applicants: Todd Pottratz
Address: 2105 S. Holly Ave.
RECOGNITION OF SERVICE FOR BOARD MEMBER AARON NORMAN
PUBLIC INPUT ON NON-AGENDA ITEMS
(5-minute comment period per individual)
ADJOURNMENT
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