HomeMy WebLinkAboutPCMinutes_2023_12_05 with BOAPlanning Commission
Brookings, South Dakota
December 5, 2023
OFFICIAL MINUTES
Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday,
December 5, 2023, at 5:3 0 PM in the Council Chambers Room #310 on the third floor of the City &
County Government Center. Members present were Greg Fargen, Kyle Jamison, Scot Leddy, Jacob
Mills, Nick Schmeichel via telephone, Richard Smith, Roger Solum, and Aiken. James Drew was absent.
Also present were City Planner Ryan Miller, Community Development Director Mike Struck, Trent
Archer, Amanda Fogelson, and Brent and Shayna Rohl.
Item #1— Roll Call
Item #2 - (Solum/Mills) Motion to approve the agenda. All present voted aye. MOTION CARRIED.
Item #3 — (Smith/Solum) Motion to approve the November 7, 2023 minutes. All present voted aye.
MOTION CARRIED.
Item #4 — Convene as the Board of Adiustment
Item #4a — Trent Archer made a request for a variance on Lots 7-10 in Block 3 of Parkdale Home Replat
Addition, also known as 617 Hughes Avenue. The request is to exceed the allowable accessory structure
size. In the Business B-3 Heavy District, accessory buildings containing not more than 120 square feet of
floor area and used solely for the storage of ground maintenance equipment used on the premises are
permitted.
(Mills/Fargen) Motion to approve the variance request.
(Solum/Jamison) Motion to table to a future meeting to allow the applicant time to consider the
Conditional Use process. All present voted aye. MOTION CARRIED.
Item #4b — Scott and Amanda Fogelson made a request for a variance on Lot 16 in Block 13, Camelot
Square Addition, also known as 1506 Breckenridge Lane. The request is to build a deck twenty-three feet
from the rear lot line. Porches, decks and platforms exceeding thirty inches in height shall not project into
any requested yard area. The rear yard setback in the Residence R-1 B single-family district is twenty-five
feet.
(Schmeichel/Fargen) Motion to approve the variance request. All present voted aye. MOTION
CARRIFII_
Item #5 — Reconvene as the Planning Commission
Item #5a — Shayna Rohl submitted an application for a Conditional Use Permit on Colburn Tract of the
Colburn-Hind Subdivision and Lot 2, Stewart's Addition, also known as 230 US Highway 14 Bypass.
The request is to remove a condition to an approved conditional use permit for a dog kennel in an
Agriculture District.
(Smith/Solum) Motion to approve the Conditional Use Permit with the condition not to exceed 40 dogs.
(Smith/Solum) Amendment to the motion to remove the condition and not limit the number of dogs. All
present voted aye. AMENDMENT CARRIED.
Motion as amended was voted on. All present voted aye. MOTION CARRIED.
Item #6a — Election of Officers for 2024 —
(Solum/Schmeichel) Motion to elect Aiken as Chairperson and Leddy as Vice -Chairperson for 2024. All
present voted aye. MOTION CARRIED.
Item 96b — 2024 Discussion. No action required.
The meeting adjourned at 6:55 p.m.
Ryan Miller, City Planner
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Tanner Aiken, Chairperson
Planning Commission
Brookings, South Dakota
December 5, 2023
OFFICIAL SUMMARY
Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday,
December 5, 2023, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City &
County Government Center. Members present were Greg Fargen, Kyle Jamison, Scot Leddy, Jacob
Mills, Nick Schmeichel via telephone, Richard Smith, Roger Solum, and Aiken. James Drew was absent.
Also present were City Planner Ryan Miller, Community Development Director Mike Struck, Trent
Archer, Amanda Fogelson, and Brent and Shayna Rohl.
Item #4a — This variance is to exceed the allowable size for an accessory structure. The applicant has put
into place a 320 square foot storage unit on a bare lot adjacent to his home in a B-3 zoning district.
Archer is requesting to keep the shipping container. He didn't realize that placing this on his property
was against the ordinance. He spoke with his neighbors and they do not have any issues with the
structure remaining. He also indicated that there is another shipping container located in the
neighborhood. Mills asked Archer if this is sitting on a foundation or is it tied down? Archer explained
that it is placed on an old concrete driveway. Jamison asked if this is the only structure on this lot?
Miller stated yes but since this lot is zoned business an accessory structure can be on a lot without a
primary structure but must remain at the 120 square feet or smaller. Mills asked for the definition of an
accessory structure as he is concerned that this item may be classified incorrectly. Smith asked if staff
denial for this request was due to the fact that the accessory structure doesn't look like a building. Miller
stated no, it is because there wasn't a hardship. Fargen asked if zoning would allow if a separate building
or structure of this size could be built here, such as a detached garage? Miller stated that accessory
storage structures would be limited to 120 square feet but a garage or shop could be built on this lot.
Mills is concerned that if the commission doesn't allow this structure to be on a B-3 zoned lot, then we
are going to need to remove this type of structure from all B-3 zoned lots. Miller stated that he explained
to the applicant that contractor storage and other uses could be looked into which could be obtained
through a conditional use permit. Mills doesn't understand why the applicant would be required to obtain
a conditional use for this use in a B-3 zoning district, he feels this structure should be allowed.
Item #4b — This request is to encroach into the rear yard setback with a deck. The deck will be installed
around an above ground pool. The deck will encroach into the rear yard by 14 inches due to their rear lot
line not being parallel with the house. Fogelson explained that they are placing a deck around their pool
for safer access but since the lot line is not perpendicular, the one side is too narrow.
Item #5a — Miller explained that this is an existing conditional use and the applicant is requesting to
remove the condition of a 20-dog limit. Additionally, the applicants are requesting to expand the kennel
structure. Rohl's explained their business plan with Walk N Rohl kennel. They have the facility and staff
to allow them to house 40 or more dogs. The addition they are planning for will allow for additional
kennel space and office space. Schmeichel wondered if the city has a limit on any other kennels within
the City of Brookings. Miller stated that the Humane Society is the only kennel within city limits and we
do not have a limit on them but there are 3 kennels within the joint jurisdiction area that do have limits.
Schmeichel asked why the city wants to limit the number of dogs? Miller explained that the Development
Review Team applied this condition to prevent any noise pollution. Fargen asked the applicant if they
were looking for a higher number to be allowed. Rohl's explained that with the kennel addition they will
have 31 kennels and some of these kennels could have 2 family dogs in them so they could have more
than 40 dogs at a time. They would rather have a higher number so they aren't breaking the rules. They
also feel that there really isn't a necessity to apply a condition with the number of dogs. There business
doesn't negatively impact anybody based on their location.
Item #6a — The nominating committee met and discussed the positions for 2024.
Item #6b — Miller explained that this is a discussion item about challenges and successes that the
commission had in the past year in preparation for the 2024 City Council retreat. Aiken wonders if a
discussion could be held on a possible amendment to the ordinance regarding the 30 inch decks/porches
within the setback area. Mills would like the commercial corridor review process changed to speed up the
process for the applicant. Mills would also like to do a sidewalk review of the city. There are areas of
town where there is lack of connectivity with the sidewalks. Aiken wonders if some discussion could be
had on TIF's to better help understand TIF's. Schmeichel would like the Development Review Team
come to the Planning Commission to explain their process.
The meeting adjourned at 6:55 p.m.
Ryan Miller, City Planner
Tanner Aiken, Chairperson