HomeMy WebLinkAboutPCMinutes_2023_07_10 with BOAPlanning Commission
Brookings, South Dakota
July 10, 2023
OFFICIAL MINUTES
Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on
Monday, July 10, 2023, at 5:30 PM in the Council Chambers Room #310 on the third floor of the
City & County Government Center. Members present were James Drew, Greg Fargen, Kyle
Jamison, Scot Leddy, Jacob Mills, Nick Schmeichel, Richard Smith, Roger Solum, and Aiken.
Also present were City Planner Ryan Miller, Community Development Director Mike Struck,
John Kahle, Robert Jones, Brian Ardy — Advance, David Jones and Shawn Storhaug — members
of Ringneck Inc, Komal Raina, Dennis Rebelein, Randy Roiger — Clark Drew Construction,
Wade Price — PMVK, Justin Bucher — Banner Associates, and Todd Meierhenry.
Item #1— Roll Call
Item #2 - (Mills/Schmeichel) Motion to approve the agenda. All present voted aye. MOTION
CARRIED.
Item #3 — (Solum/Jamison) Motion to approve the June 6, 2023 minutes. All present voted aye.
MOTION CARRIED.
Item #4 — Convene as the Board of Adjustment
Item #4a — John Kahle made a request for a variance at 1721 151h Street South. The request is
for a reduced front yard setback of 19.1 feet. The required front yard setback in the Residence
R-1 B single family district is thirty feet.
(Schmeichel/Drew) Motion to approve the variance request. All present voted aye. MOTION
CARRIM
Item #4b — Ringneck Investment Group Inc made a request for a variance at 911 51h Street
South. The request is to allow an accessory structure in the required landscape area for an
apartment use and for reduced accessory structure setbacks. For apartments, an area of
landscaping, equivalent to the setback requirements, kept free of accessory structures must be
provided around the perimeter of the site. Accessory structures in a residential district shall have
a five-foot side and rear setback.
(Solum/ Drew) Motion to approve the variance request.
(Jamison/Schmeichel) Amendment to the motion to add that all Fire Code Requirements need to
be met. All present voted aye. AMENDMENT CARRIED.
Motion as amended was voted on. All present voted aye. MOTION CARRIED.
Item #4c — Komal Raina made a request for a variance at 222 8th Street. The request is to
landscape 100% of the rear yard. Zoning Ordinance states that at least 50% of the rear yard must
be maintained as living ground cover.
(Smith/Fargen) Motion to approve the variance request. All present voted aye. MOTION
CARRIEW
Item #4d — Dennis and Tammy Rebelein made a request for a variance at 1838 Santee Pass. The
request is to build a deck within the front yard setback. Porches, decks and platforms exceeding
30 inches in height shall not project into any required yard area.
(Schmeichel/Solum) Motion to approve the variance request. All present voted aye. MOTION
C.ARRIEW
Drew and Jamison recused themselves. Mills and Aiken are now voting.
Item #4e — Clark Drew Construction made a request for a variance at 2311 Minnesota Drive.
The request is for an expansion of a nonconforming use beyond the allowable 25% gross floor
area and the elimination of required three-foot foundation plantings in a commercial district.
(Schmeichel/Mills) Motion to approve the use beyond the allowable 25% gross floor area. All
present voted aye. MOTION CARRIED.
(Solum/Fargen) Motion to approve the elimination of the required three-foot foundation
plantings in a commercial district. All present voted aye. MOTION CARRIED.
Mills and Jamison returned to the Commission.
Item #5— Reconvene as the Planning Commission
Item #5a — PMVK Limited submitted a Preliminary Plat of Lots 1-3 in Block 7 of Southland
Addition.
(Smith/Mills) Motion to approve the Preliminary Plat contingent up approval with staff
recommendations to provide preliminary grading and drainage plans. All present voted aye.
MOTION CARRIED.
Item #5b — The City of Brookings proposes to create a Tax Increment District Number Thirteen
in the Wiese Addition.
(Smith/Fargen) Motion to approve the creation of Tax Increment District Number Thirteen. All
present voted aye. MOTION CARRIED.
Item #5c — The City of Brookings submitted a proposed project plan for Tax Increment District
Number Thirteen.
(Solum/Drew) Motion to approve the adoption of Tax Increment District #13 Project Plan. All
present voted aye. MOTION CARRIED.
Item #5d — The City of Brookings submitted amendments to Chapter 94, Zoning, pertaining to
Sec. 94-1, Sec 94-131, Sec 94-134, and Sec 94-13 5 related to the establishment of indoor pet
services as an allowable use.
(Schmeichel/Mills) Motion to approve the amendments. All present voted aye. MOTION
CARRIEW
The meeting adjourned at 7:3 6 p.m.
Ryan Miller, City Planner Tanner Aiken, Chairperson
Planning Commission
Brookings, South Dakota
July 10, 2023
OFFICIAL SUMMARY
Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on
Monday, July 10, 2023, at 5:30 PM in the Council Chambers Room #310 on the third floor of the
City & County Government Center. Members present were James Drew, Greg Fargen, Kyle
Jamison, Scot Leddy, Jacob Mills, Nick Schmeichel, Richard Smith, Roger Solum, and Aiken.
Also present were City Planner Ryan Miller, Community Development Director Mike Struck,
John Kahle, Robert Jones, Brian Ardy — Advance, David Jones and Shawn Storhaug — members
of Ringneck Inc, Komal Raina, Dennis Rebelein, Randy Roiger — Clark Drew Construction,
Wade Price — PMVK, Justin Bucher — Banner Associates, and Todd Meierhenry.
Item #4a — This variance request is for a 19.1' front yard setback to expand an attached garage
on a corner lot. The applicant applied for a similar project in 2019 and the variance was
approved for a reduced yard setback of 20'. This variance expired and therefore the applicant is
applying again for a slightly different variance. The addition will be a 12' wide by 36' long
expansion to the garage.
Kahle explained that there is a parking issue in this neighborhood. Since the prior approval, he
has added a covered patio onto the back of his garage. The extended addition request is so that
the roof lines will line up.
Schmeichel wondered why the City staff are not in favor of the 19.1' request compared to the 20'
request approved in 2019. Miller stated that they were approved for a sufficient setback at the
time of the 2019 request. Miller stated that the variance should be approved for the minimum
needed in order to mitigate the hardship, which was granted in 2019 for a reduced setback of 20'.
Fargen asked what the driveway access will be, will this be expanded? Kahle explained that
there will be an expansion to the driveway but it will be up to 32' and 36' wide is allowed by
ordinance. Drew is in support of the request; he doesn't feel that 9 inches is an issue.
Item #4b — This request is to keep a detached garage on the property, which is located within a
required landscape area. The proposal is to add an apartment complex on the east side of the lot.
Jones explained that a previous owner built this garage in 1988. This previous owner had an
agreement with Advance that they could utilize the driveway that runs straight to the garage.
Jones's have kept this property for many years and had recently decided to sell the property.
Ardy, representing Advance, explained that they have a group home to the west of this property.
This driveway has been very useful for their use with traffic coming and going.
Storhaug explained that during the design phase of this project they didn't realize that this garage
would become an issue. Storhaug explained that the design of the apartment building is to allow
them to get every bit of building area as possible. Jones explained that the intention is to leave
access there for Advance. The way that the apartment building is planned doesn't impede upon
the garage at all and doesn't create any issues with building code. Leaving the garage here
would allow for the access to remain on this lot for Advance to continue to use. Storhaug
explained that building officials from the City said they would work with them to be sure any
firewalls that needed to be installed, would be.
Jamison asked what the current setback is of the garage to the property line. Miller explained
that it is less than 5' but when the garage was built, 3' was the setback requirement. Fargen is in
favor of this request because this garage has been here for many years, it isn't a new structure
being built. Jamison is also in favor of the request as long as the fire separation is met.
Item #4c — This request is to eliminate the required 50% rear yard landscape area. Recently the
landscaping was complete to remove all the greenspace in the rear yard. Raina explained that the
rear yard of this house was infested with snakes. She stated that they had tried everything they
could think of to get and of the snakes. As a homeowner she would like to be able to utilize her
yard. While working with her landscaper, they decided that trying rocks might help because the
snacks wouldn't want to make her rear yard a home, and it has helped.
Aiken wondered if there was a plastic barrier laid down under the rock/gravel. Raina was not
sure.
Fargen wondered what the applicant would have to do if the board doesn't approve this request.
Miller explained that the applicant would have to remove a portion of the rocks/gravel/concrete
to get them back to required amount of living ground area. Schmeichel wondered if the
landscaper should have been required to obtain a permit for this. Miller explained that permits
are not required for landscaping. Jamison wondered if this item should be tabled and have plans
provided to show the 50% of landscaping. Smith feels the board should accommodate the
applicant.
Item #4d — This request is for the reconstruction of a front yard porch with a 24-foot setback
from the front lot line. Rebelein explained that the front deck that they currently have does not
meet the required setback. To make things accommodating for moving big items in and out, they
would like to increase the size of their deck to be approximately 9' by 12'.
Item #4e — The first request is to expand a nonconforming use beyond the 25% gross floor area.
The second request is to eliminate the required 3-foot foundation planting.
Roiger explained that the addition is going to replace the storage garage that was there. He also
stated that they are increasing the front yard landscape area and also adding in some landscape
area on the side in hopes to remove the foundation planting. The foundation planting is a very
minimal area.
Item #5a — This preliminary plat is for lots located near 22" d Avenue South and 20th Street
South. This plat consists of 3 lots and an extension of Canasta Lane.
Item #5b— Struck explained that this motion will create the boundaries of the Tax Increment
District project which is located in the Wiese Addition, located at the intersection of 6"' Street
and 1-29. This does include the area of the Brookings Marketplace and also two lots that will
benefit from the improvements.
Mills inquired about the Research and Technology Center not being included. Struck explained
that the city doesn't know what the future is for this building so they didn't want to tie up this
project with that building. Leddy wondered if there was any consideration of extending this
district further to the east to help with sanitary sewer issues. Struck stated no because the project
would not cashflow to cover extended areas.
Item #5c — This step is to approve the project plan for Tax Increment District #13.
Item #5d — This amendment would add a definition for "Pet Services." Schmeichel asked how
this would affect the current business that would fall under this use. Miller explained that the use
definition would be for new business, other uses will continue to be defined as they were at the
time of establishment. This new use is more for boarding facilities. Mills and Drew aren't sure
that this use is an appropriate use in the 13-1 District. Schmeichel wants to be sure that current
businesses won't be affected if the 13-1 District is removed and will current business be
grandfathered in then?
The meeting adjourned at 7:36 p.m.
Ryan Miller, City Planner
Tanner Aiken, Chairperson