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HomeMy WebLinkAboutBOAAgenda_2018_11_15Board of Adjustment City of Brookings Meeting Agenda Brookings City & County Government Center 520 3rd St., Suite 140 Brookings, SD 57006 Phone: (605) 692-6629 Fax: (605) 697-8624 Room 310, Chambers5:00 PMThursday, November 15, 2018 1. Call To Order 2. Approval of Agenda 3. Approval of Minutes October 4, 2018 MinutesID 2018-04703a. October 4, 2018 BOA MinutesAttachments: 4. New Business BMU Variance Request - 1116 4th Street - Variance for height, screening, and location requirements of a replacement water tower ID 2018-04694a. Rescheduled Notice Original Notice Application Vicinity Map Site Plan Tower Profile Attachments: 5. Other Items & Reports Appointment of Nominating Committee for 2019 OfficersID 2018-04925a. 6. Adjournment Board of Adjustment Members: Justin Borns, Teresa Binkley, George Houtman, Dustin Edmison, Jeremy Scott, 1st Alternate Nick Schmeichel, and 2nd Alternate VACANT. City Staff: Mike Struck, Community Development Director, and Staci Bungard, City Planner. Page 1 City of Brookings November 15, 2018Board of Adjustment Meeting Agenda Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at (605)692-6281 at least three working days prior to the meeting. Page 2 City of Brookings Board of Adjustment Brookings, South Dakota October 4, 2018 OFFICIAL MINUTES Chairperson George Houtman called the Board of Adjustment meeting to order on Thursday, October 4, 2018, at 5:00 PM in the Chambers Room of the City & County Government Center. Members present were Justin Borns, Dustin Edmison, Nick Schmeichel, Jeremy Scott and Houtman. Absent was Teresa Binkley. Others present were City Planner Staci Bungard, Rainer Westall, Andrew Royer, Jim Becker, and others. Item #2 – (Schmeichel/Borns) Motion to approve the agenda. All present voted aye. MOTION CARRIED. Item #3 – (Edmison/Scott) Motion to approve the September 20, 2018 minutes. All present voted aye. MOTION CARRIED. Item #4a –Rainer Westall made a request for a variance on N84’ of S184’ of O.L. “C” in NW1/4 NW1/4 Section 2-T109N-R50W, also known as 2011 Western Avenue South. The request is to build an attached garage five (5) feet from the side property line. The required setback in the R-3 District is seven (7) feet. (Schmeichel/Edmison) Motion to remove from the table. All present voted aye. MOTION CARRIED. (Borns/Schmeichel) Motion to approve the variance request. Borns and Scott voted aye. Edmision, Schmeichel, and Houtman voted no. MOTION FAILED. Item #5a –Andrew Royer has made a request for a variance on S105’ of Lot 14, S105’ of W27’ of Lot 13, Block 1, Pleasant Hill Addition, also known as 1003 2nd Street. The request is to establish a front yard parking area. (Scott/Schmeichel) Motion to approve the variance request. (Houtman/Borns) Amendment to the original motion to state, “Parking will be allowed for the width of the current driveway, plus an additional 10’ x 10’ area in front of the entry portion of the home (from the landing) to the south and west and then the drive will need to taper back to a 24 foot driveway approach width, with a barrier to prevent the spread of the gravel (into the front yard) and remove the opportunity to add a driveway off of 2nd Street. Amendment was voted on. All present voted aye. AMENDMENT CARRIED. Motion as amended was voted on. All present voted aye. MOTION CARRIED. The meeting was adjourned at 5:44 p.m. ____________________________________________________ Staci Bungard, Secretary George Houtman, Chairperson Board of Adjustment Brookings, South Dakota October 4, 2018 OFFICIAL SUMMARY Chairperson George Houtman called the Board of Adjustment meeting to order on Thursday, October 4, 2018, at 5:00 PM in the Chambers Room of the City & County Government Center. Members present were Justin Borns, Dustin Edmison, Nick Schmeichel, Jeremy Scott and Houtman. Absent was Teresa Binkley. Others present were City Planner Staci Bungard, Rainer Westall, Andrew Royer, Jim Becker, and others. Items #4a –Westall explained that they would like to add on an attached garage to the south side of the house. They are planning to stay 5 feet back from the side property line since the building code requires this before fire rating is applied. Westall feels that this addition would add value to the surrounding properties. Houtman asked what the hardship is? Westall explained that they are maximizing their lot area and this size addition would allow for a larger size for the garage doors. Borns asked if the walk-in door could be reloated to the south side. Westall feels the garage still needs to be this size. Additionally the parking would be difficult if the garage was smaller. Item #5a –Royer explained that he just recently purchased this duplex and the tenants are struggling with parking. He feels that by providing more parking on the lot, this will remove some parked vehicles on the street. Bungard explained that an additional driveway could be installed off of 2nd Street, which would be south of the house. Royer stated that he would prefer to keep all of the parking in the same area. James Becker from 1009 2 nd Street is in favor of the additional parking, to help get some cars off of the street, but he isn’t in favor of the installation of a driveway off of 2nd Street. If this drive were installed, the headlights from the vehicles would shine into his house. Houtman feels that since a 24 feet wide approach is allowed, then the additional driveway width should not exceed 24 feet. He agrees that an extension should be granted, but the driveway would need to taper back to not exceed 24 feet at the approach. The meeting was adjourned at 5:44p.m. ________________________________________________________ Staci Bungard, Secretary George Houtman, Chairperson City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2018-0469,Version:1 BMU Variance Request - 1116 4th Street - Variance for height, screening, and location requirements of a replacement water tower Summary: Brookings Municipal Utilities (BMU) is requesting a variance to construct a 135 feet tall replacement water tower in an R-2 District. The ordinance restricts the height of structures to 35 feet, requires a six (6) foot opaque screen and only allows public utility facilities to be located on a collector or arterial street in an R-2 District. The applicant is seeking a variance for the height, screening requirements, and location. Background: The property is located along 4th Street between 11th and 12th Avenue in an R-2 District. The existing water tower was constructed in the early 1900’s and needs to be replaced. The tower provides potable water and fire protection to the central portion of the city. The existing tower is 135 feet tall and the new tower will be the same height. Existing large diameter pipes transport the water to area customers. In this case, a six (6) foot opaque screen will not provide the intended buffering as the tower will be 135 feet in height. The Major Streets Plan identifies 4th Street as a local street. Variance Criteria: 1.Due to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and the variance shall not violate the spirit of the ordinance and substantial justice may be achieved as a result of the variance. The existing water tower has a long history as it was constructed in the early 1900’s. The tower is an essential public facility that provides both potable water and fire protection. It is essential for the health, safety, and welfare of the residents in the area. It would be a hardship to the residents to re- locate the tower as it could interrupt water service, water pressure, and fire hydrants. The water tower needs to be 135 feet in height or water pressures and fire flows will not be viable. In addition, installation of required pipes would also disrupt existing development in the area. The ordinance requires a six (6) foot opaque screen as far back as all the setback lines for public utility facilities in an R-2 District. In this case, the screening would not provide buffering due to the significant height of the structure. 2.Unique circumstances apply to the property which do not apply to other properties in the same vicinity or district. The property is unique because the tower has been existing for many years and the required infrastructure, property elevation, and proposed height of the tower is necessary to provide water service. 3.The variance is necessary for the preservation of a property right that is substantially the same as that possessed by other owners of other property in the same district. City of Brookings Printed on 11/7/2018Page 1 of 2 powered by Legistar™ File #:ID 2018-0469,Version:1 Essential public facilities help preserve the property rights and protect the health, safety, and welfare of the residents. 4.The variance requested is the minimum variance which would alleviate the hardship. The design and location of the tower is necessary to provide water service to the area. 5.Reasonable use of the property is not permitted under the terms of this chapter. The water tower is necessary in this location to serve existing homes and businesses with water and fire protection. Re-locating the tower would be a hardship for the community. Staff Recommendation: Staff recommends approval of the variance requests from BMU. Attachments: Re-scheduled Notice Original Notice Application Vicinity Map Site Plan Tower Profile City of Brookings Printed on 11/7/2018Page 2 of 2 powered by Legistar™ If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON APPLICATION FOR A VARIANCE NOTICE IS HEREBY GIVEN That Brookings Municipal Utilities made a request for a variance on Lot 3 & E ½ of Lot 4, Block 1, Hill Park Addition, also known as 1116 4th Street (water tower site). The request is to construct a 135 feet tall replacement water tower in an R- 2 District. The ordinance restricts the height of structures to 35 feet, requires a six (6) foot opaque screen and only allows public utility facilities to be located on a collector or arterial street in an R-2 District. The applicant is seeking a variance for the height, screening requirements, and location. NOTICE IS FURTHER GIVEN That said application will be brought on for public hearing before the Board of Adjustment of the City of Brookings at 5:00 o'clock P.M. on Thursday, November 15, 2018,in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 5 th day of November, 2018. ____________________________ Staci Bungard City Planner If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON APPLICATION FOR A VARIANCE NOTICE IS HEREBY GIVEN That Brookings Municipal Utilities made a request for a variance on Lot 3 & E ½ of Lot 4, Block 1, Hill Park Addition, also known as 1116 4th Street (water tower site). The request is to construct a 135 feet tall replacement water tower in an R- 2 District. The ordinance restricts the height of structures to 35 feet, requires a six (6) foot opaque screen and only allows public utility facilities to be located on a collector or arterial street in an R-2 District. The applicant is seeking a variance for the height, screening requirements, and location. NOTICE IS FURTHER GIVEN That said application will be brought on for public hearing before the Board of Adjustment of the City of Brookings at 5:00 o'clock P.M. on Thursday, November 1, 2018,in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 19 th day of October, 2018. ____________________________ Staci Bungard City Planner Brookings County, SD Variance Request BMU Water Tower Developed by Date created: 10/23/2018 Last Data Uploaded: 10/23/2018 3:49:07 AM 127 ft Overview Legend Brookings City Limits City Limits Township Boundary Sections Parcels Roads Existing Tower I 8 � 8 ;; ��"" i3 :i: � s e l!5 � NW 1/4 SEC. 25 T110N RSOW ORA WN BY: JBP -� ! � :; � "' � 31: g E j 5 � SUPV APP'D: CEB MGR APP'D: EMW TANK DIAUETER • !>5.5' TOP or RAILUIC • 1795.00' TOP or TAN< • 1790 00' H. W.L. ELEVA TIOrl • 1785 00' 0.{Rfl0/1 Ylil! BOX O\tllrlOW PF£ (SEE NOTES) L.W.L. ELEVATION ,. 1747 50 PEOCSTAL Ol'(fffLO« SPI.ASH PAO CRCUNO [l[VATION • 1663.00' RESERVOIR PROFILE CITY OF BROOKINGS PROPOSED WATER FACILITY IMPROVEMENTS FOURTH ST. WATER TOWER PROFILE INSIOE T.,_'111 lAllC(R (SEE NOTES) ACCESS IIJ8E l.ADD£R DATE: 10/11/2018 SCALE: NOT TO SCALE SHT OF 1 wwl 905-Profile City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2018-0492,Version:1 Appointment of Nominating Committee for 2019 Officers Summary: The Chair may ask for volunteers or appoint two or three members to the nominating committee. The role of the committee is to identify candidates and submit a list of potential candidates at the December meeting. The election of 2019 officers will be held at a December meeting and new officers will begin in January 2019. All members are eligible to serve as Chair or Vice-Chair. City of Brookings Printed on 11/7/2018Page 1 of 1 powered by Legistar™