HomeMy WebLinkAboutPCMinutes_2007_11_06Planning Commission
Brookings, South Dakota
November 6, 2007
OFFICIAL MINUTES
Chairperson Justin Hyde called the regular meeting of the City Planning
Commission to order on November 6, 2007 at 7:00 PM in the Council Chamber
at City Hall. Members present were John Gustafson, Curt Ness, Greg Fargen,
Sandra Moore, Mike Cameron, Dave Kurtz, and Hyde. Larry Fjeldos and Stacy
Howlett were absent. Others present were Roger and Julie Thue, David
Nagelhout, James Peterson, Rich Widman, Jack Headley, Gary and Kim
Winterfeld, Mary Bibby, Jerry McCollough, Dick Peterson, Martin Maca, Roger
Brown, City Councilors Tim Reed, Mike Bartley, and Ryan Brunner, Dick Fergen,
City Engineer Jackie Lanning, Planning Administrator Dan Hanson and others.
Item #1 – (Ness/Fargen) Motion to approve the minutes of the October 2, 2007
meeting. All present voted aye. MOTION CARRIED.
Item #2 – (Moore/Kurtz) Motion to approve the agenda. All present voted aye.
MOTION CARRIED.
Item #3 – The following plats were submitted for approval:
• Lots 1A and 1B, Block 8, McClemans Addition
• Lots 1A and 1B, Block 14, McClemans Addition
(Moore/Ness) Motion to approve the plats. All present voted aye, except
Cameron abstained. MOTION CARRIED.
Item #4 – Julie Kuehn-Thue has submitted an application for a conditional use on
the east 104.7 feet of Outlot 7, except Lot H-1, in the SW ¼ of Section 35-T110N-
R50W to establish a major home occupation (portrait studio).
(Kurtz/Fargen) Motion to approve the home occupation. All present
voted aye. MOTION CARRIED.
Item # 5 – David Nagelhout has submitted an application for a Conditional Use
to establish a Boardinghouse for four (4) persons on the east five feet (5’) of Lot
6, all of Lot 7, Block 10, Morehouse Addition.
(Cameron/Ness) Motion to approve the conditional use.
(Kurtz/Ness) Amendment to the motion to approve the conditional use subject
to the following conditions:
1. The conditional use shall be granted only to David Nagelhout
2. All required on-premise parking spaces shall be hardsurfaced with
asphalt or concrete
All present voted aye, except Gustafson abstained. AMENDMENT CARRIED
The motion, as amended, was voted on. All present voted aye, except
Gustafson abstained. MOTION CARRIED.
The meeting was adjourned.
_______________________ ________________________
Dan Hanson, Secretary Justin Hyde, Chairperson
Planning Commission
Brookings, South Dakota
November 6, 2007
SUMMARY OF DISCUSSION
Chairperson Justin Hyde called the regular meeting of the City Planning
Commission to order on November 6, 2007 at 7:00 PM in the Council Chamber
at City Hall. Members present were John Gustafson, Curt Ness, Greg Fargen,
Sandra Moore, Mike Cameron, Dave Kurtz, and Hyde. Larry Fjeldos and Stacy
Howlett were absent. Others present were Roger and Julie Thue, David
Nagelhout, James Peterson, Rich Widman, Jack Headley, Gary and Kim
Winterfeld, Mary Bibby, Jerry McCollough, Dick Peterson, Martin Maca, Roger
Brown, City Councilors Tim Reed, Mike Bartley, and Ryan Brunner, Dick Fergen,
City Engineer Jackie Lanning, Planning Administrator Dan Hanson and others.
Item #3 – Hanson stated that both plats were replats of previously approved lots.
He added that all easements were correct.
Cameron was present at 7:08 PM.
Item #4 – Roger and Julie Thue were present to answer questions from the
commissioners. Fargen asked if on-premise parking met the requirements for a
home occupation. Hanson replied yes.
Gustafson was present at 7:12 PM.
Cameron asked what size sign would be used to identify the home
occupation. Thue responded that they were unsure. Kurtz inquired if any
camera supplies or other retail items would be sold. Thue replied no. Hyde noted
that outdoor settings were not allowed for a home occupation. Thue responded
that they would use their home and off-site locations. Hyde also inquired as to
hours of operation, expected traffic, and residency. Julie Thue stated that
customers would arrive by appointment only on evenings and weekends. She
did not anticipate more than a few people at any one time. She added that
she lived at the residence.
Hyde felt the home occupation would be a minor intrusion on the
neighborhood. He felt they met the ordinance requirements for the conditional
use.
Item #5 – Nagelhout referred to a letter that accompanied his request. He
stated that he worked in Brookings part-time and would monitor the property.
James Pederson, a neighbor, stated he was representing other neighbors
in their concerns about the request. He noted that 8th Avenue, in the past, was a
divider street between owner-occupied homes to the west and rentals to the
east. He felt the neighborhood was mixed and that property values would
decrease if the request were approved. He opposed the request. Rich Widman
and Gary Winterfeld, neighbors, were concerned about the loss of single-family
dwellings.
Jack Headley, 816 7th Avenue, felt more street parking was occurring in
the area now as compared to the past.
Kurtz asked if the double stall garage was included for determining
parking. Hanson replied yes. Hyde asked if the parking spaces would be hard-
surfaced. Nagelhout responded yes. Hyde asked how headlight glare would be
addressed. Nagelhout replied that he would retain the fence that was currently
on the property. Nagelhout added that he shared the same concerns about
the neighborhood as the neighbors, and he would provide upkeep on the
property.
Kurtz stated that the frontage, parking, lot area, and alley access
requirements had been met for the property. Hyde concurred with Kurtz and
added that one person should not create a density issue. He noted that on-
premise parking had been increased to accommodate one more person.
Item #6 – Hyde stated that the City Council had referred the ordinance
amending electronic message display signs (EMD) back to the Commission.
Jerry McCollough stated that the Historic Preservation Committee
recommended that EMD signs only be allowed through a public hearing
process in the historic districts. Dick Peterson favored a conditional use permit for
EMD signs in the Business B-1 District and for churches, libraries, and schools.
Martin Maca also supported a conditional use permit for the B-1 but felt it could
be restricted to the historic portion rather than the entire district.
Hyde continued to have reservations on allowing a specific type of sign
by conditional use. He felt creating a prior restraint on signs was a legal issue
and did not believe that an accessory use should be required to obtain a
conditional use.
Roger Brown, who was involved with sign legislation for Daktronics, stated
that Daktronics feels further regulations on EMD signs mean these signs would be
treated differently than other signs. He felt the signs should be allowed by right
and then controlled by time, place, and manner restrictions. He referred to the
“Central Hudson” case where regulations could be “tested” to determine their
validity. He felt all signs should be treated the same.
The Commission felt that an amendment proposing a split of the existing
B-1 District be created to address different requirements for signs in each district.
Item #8 – Hanson informed the Commission of a request to allow a drive-in food
service in the B-1 District. He noted that the stacking, sight angles, and the loss of
on-street parking were important issues with this type of use.
Hyde favored the conditional use category for a use with these issues.
Cameron inquired how traffic safety issues would be handled. Lanning
responded that the Traffic Safety Committee would be involved.
Dick Fergen, a downtown restaurant owner, felt the use would improve
property values and enhance the streetscape. He had studied, for some time,
how to create a design and develop ample stacking in his proposal. He felt
more traffic downtown would be good for other businesses.
The Commission felt a conditional use with standards could be proposed
at a future meeting.
Item #9 – Hanson stated that a business owner had indicated an interest in
building a maintenance building on a vacant commercial lot to maintain the
lot. The maintenance equipment was currently hauled to the site on a trailer.
Hyde felt there were maintenance issues on some vacant lots. Hanson did
not favor a blanket allowance since monitoring many buildings could be
difficult. However, allowing maintenance buildings on lots with certain size
requirements may be appropriate.
The meeting was adjourned.
_______________________ ________________________
Dan Hanson, Secretary Justin Hyde, Chairperson