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HomeMy WebLinkAboutJuly 1, 2025 Joint BOA Mtg PacketBrookings County/City Of Brookings Joint Board Of Adjustment BROOKINGS CITY AND COUNTY GOVERNMENT CENTER 520 3rd St, Suite 310 Chambers, Brookings, South Dakota JULY 1, 2025 AGENDA Call to Order - 8:00 PM on Tuesday, July 1, 2025. Approval of Joint BOA Minutes. MINUTES -Oct 1, 2024 JJBOA Minutes_DRAFT 10 -15 -2024.pdf Items to be added to agenda by commission members or staff. Invitation for citizen to schedule time on the commission agenda for an item not listed. Anyone wanting to speak during this agenda item much sign in prior to the start of the meeting. Any requested action items much be scheduled for a future meeting date. (Time limited to 5 -minutes per person to address the commission.) Disclosure of Conflicts of Interest: Relationship(s) to Applicant; or Ex Parte Communication. Approval of Agenda. Convene as Joint Board of Adjustment. **The Joint Board of Adjustment needs 2/3 approval of the full board to approve any variance agenda item. **The Joint Board of Adjustment needs a majority approval of the members present to approve any conditional use agenda item. 2025JJVAR001 Brandon Bak has made an application, 2025jjvar001, to the Joint Jurisdiction Board of Adjustment for a variance. Joint Zoning Ordinance for Brookings County and the City of Brookings: Article III District Regulations: Chapter 3.04 “A ” Agricultural Land District: Section 3.04.03 Area Regulations/Easements. 1b. Nonconforming Lots of Record – Minimum Rear Yard. The property is described as: “Outlot 1 in SW1/4 of the SE1/4 of Section 3, T109N, R50W (Medary Township)” ~~ located at 632 W 32 St S, Brookings, SD 57006. 2025jjvar001 -Staff Report.pdf Comments received -2025jjvar001 Roth, K_rcvd 6 -20 -2025.pdf Adjourn. Public Notices Joint Board of Adjustment Members: Chad Ford (Co Planning Commission), Mike Bartley (County Commission), Kyle Vanderwal (Co Planning Commission), Wayne Avery (City Council -Mayor's designee), Scot Leddy (City Planning Commission). Alternates: TBD (Co Planning Commission), Deputy Mayor Nick Wendell (City Council), Jacob Limmer (City Planning Commission) **The Board of Adjustment needs 2/3 approval of the full board to approve any variance agenda item. **The Board of Adjustment needs a majority approval of the members present to approve any conditional use agenda item. 1. 2. Documents: 3. 4. 5. 6. 7. 8. Documents: A. Documents: 9. 10. nd Brookings County/City Of Brookings Joint Board Of AdjustmentBROOKINGS CITY AND COUNTY GOVERNMENT CENTER520 3rd St, Suite 310 Chambers, Brookings, South DakotaJULY 1, 2025 AGENDACall to Order - 8:00 PM on Tuesday, July 1, 2025.Approval of Joint BOA Minutes.MINUTES -Oct 1, 2024 JJBOA Minutes_DRAFT 10 -15 -2024.pdfItems to be added to agenda by commission members or staff. Invitation for citizen to schedule time on the commission agenda for an item not listed. Anyone wanting to speak during this agenda item much sign in prior to the start of the meeting. Any requested action items much be scheduled for a future meeting date. (Time limited to 5 -minutes per person to address the commission.)Disclosure of Conflicts of Interest: Relationship(s) to Applicant; or Ex Parte Communication.Approval of Agenda.Convene as Joint Board of Adjustment.**The Joint Board of Adjustment needs 2/3 approval of the full board to approve any variance agenda item.**The Joint Board of Adjustment needs a majority approval of the members present to approve any conditional use agenda item. 2025JJVAR001Brandon Bak has made an application, 2025jjvar001, to the Joint Jurisdiction Board of Adjustment for a variance. Joint Zoning Ordinance for Brookings County and the City of Brookings: Article III District Regulations: Chapter 3.04 “A ” Agricultural Land District: Section 3.04.03 Area Regulations/Easements. 1b. Nonconforming Lots of Record –Minimum Rear Yard. The property is described as: “Outlot 1 in SW1/4 of the SE1/4 of Section 3, T109N, R50W (Medary Township)” ~~ located at 632 W 32 St S, Brookings, SD 57006.2025jjvar001 -Staff Report.pdfComments received -2025jjvar001 Roth, K_rcvd 6 -20 -2025.pdf Adjourn. Public Notices Joint Board of Adjustment Members: Chad Ford (Co Planning Commission), Mike Bartley (County Commission), Kyle Vanderwal (Co Planning Commission), Wayne Avery (City Council -Mayor's designee), Scot Leddy (City Planning Commission). Alternates: TBD (Co Planning Commission), Deputy Mayor Nick Wendell (City Council), Jacob Limmer (City Planning Commission) **The Board of Adjustment needs 2/3 approval of the full board to approve any variance agenda item. **The Board of Adjustment needs a majority approval of the members present to approve any conditional use agenda item. 1.2.Documents:3.4.5.6.7.8.Documents:A. Documents: 9. 10. nd October 1, 2024 Meeting Minutes JJBOA – DRAFT 1 BROOKINGS COUNTY/CITY OF BROOKINGS JOINT “JURISDICTION” BOARD OF ADJUSTMENT MINUTES OF OCTOBER 1, 2024 REGULAR MEETING The Joint Board of Adjustment on Tuesday, October 1, 2024. Joint Board members present were Brookings County Planning & Zoning Commission representatives: Chad Ford, Tim Paulson, County Commissioner Alternate Kelly VanderWal. City Council representative Wayne Avery, City Planning Commission representative Tanner Aiken. Absent: Kyle Vanderwal and County Commissioner Mike Bartley. Also present were County Development Director Robert W. Hill, County Development Deputy Director Richard Haugen, City Planner Ryan Miller, Community Development Director Mike Struck, and via phone First District Association of Local Governments Senior Planner Luke Muller. CALL TO ORDER Chair Ford called the meeting to order at 8:00 PM. APPROVAL OF MINUTES (Aiken/VanderWal) Motion approve the September 3, 2024, Meeting Minutes. All present voted aye. MOTION CARRIED. ITEMS TO BE ADDED TO AGENDA BY COMMISSION MEMBERS OR STAFF None added. INVITATION FOR CITIZENS TO SCHEDULE TIME ON THE COMMISISION AGENDA FOR AN ITEM NOT LISTED Time limited to 5 minutes per person to address the board. No one scheduled time to address the board. DISCLOSURE OF CONFLICTS OF INTEREST None. APPROVAL OF AGENDA (Avery/Paulson) Motion to approve the agenda for the October 1, 2024 Meeting. All present voted aye. MOTION CARRIED. CONVENE AS JOINT BOARD OF ADJUSTMENT 2024JJCU003 Application for Brookings Municipal Utilities by Eric Witt, BMU Water/Wastewater & Engineering Manager. Joint Zoning Ordinance for Brookings County and the City of Brookings: Article III District Regulations: Chapter 3.04. “A” Agricultural Land District: Section 3.04.02. Conditional Uses #16 Public utility and public service structures, including substations, gas regulator stations, community equipment buildings, pumping stations, gas regulator stations, community equipment buildings, pumping stations, and reservoirs; and Chapter 3.06. Aquifer Protection: Section 3.06.04. Zone A-Aquifer Critical Impact Zone: Section 3.06.04.02. Conditional Uses in Zone A #1 Public utility October 1, 2024 Meeting Minutes JJBOA – DRAFT 2 and public service structures and pumping stations. The property is described as: “SE1/4 of Section 29, T110N, R49W (Aurora Township)”. (Avery/VanderWal) Motion to approve the Conditional Use. STAFF REPORT: The applicant is requesting a conditional use permit for a pumping station located in “A” Agricultural Land District and in the Aquifer Protection: Zone A- Aquifer Critical Impact Zone. The report noted: 1) Application for a water pumping station for new wells and well house control building to be used to supply water for new water treatment plant the City of Brookings. 2) The location of the wells and well house control building is on 8th Street S (aka Brookings County gravel road 18A or 213th Street). Letter were sent to the adjoining landowners, Aurora Township Chairman and Clerk. A staff report was sent to the Brookings Community Development Office. Public notices were published in the Brookings Register on September 17 & 24, 2024. PUBLIC HEARING: Applicant Eric Witt informed those present Brookings Municipal Utilities was in the process of constructing a new Water Treatment Plant for the long term treated water supply for the communities of Brookings and Aurora. The project consists of addition of 4 additional buildings that would house wells and 1 would also house controls for all 4 wells. The wells would be 60-80’ deep and provide for growth for the next 25 years. Proponents: None. Opponents: None. DISCUSSION: Board members had no questions or comments regarding the request. Findings of Facts were reviewed and completed by the board and placed on file. VOTE: VanderWal-aye, Paulson-aye, Aiken-aye, Avery-aye, Ford-aye. 5-aye, 0-nay. MOTION CARRIED. 2024JJCU004 Application for Brookings Municipal Utilities by Eric Witt, BMU Water/Wastewater & Engineering Manager. Joint Zoning Ordinance for Brookings County and the City of Brookings: Article III District Regulations: Chapter 3.06. Aquifer Protection: Section 3.06.04. Zone A-Aquifer Critical Impact Zone: Section 3.06.04.02. Conditional Uses in Zone A # 4: Accessory structures greater than 120 square feet in area. The property is described as: “SE1/4 of Section 29, T110N, R49W (Aurora Township)”. (Aiken/Paulson) Motion to approve the Conditional Use. STAFF REPORT: The applicant is requesting a conditional use permit for an accessory structure greater than 120 square feet in area, to be located in the Aquifer Protection: Zone A-Aquifer Critical Impact Zone. The report noted: 1) The accessory building for 3 well houses - 12’8” x 22’8” and well house – 12’8” x 32’. 2) The new well and well house control building will be used to supply water for the new water treatment plant for the City of Brookings. 3) Location – well house accessory buildings are on 8th St S (aka October 1, 2024 Meeting Minutes JJBOA – DRAFT 3 Brookings County gravel road 18A or 213th Street) and will meet the setback requirements from the road. 4) Property is in the floodplain and will need to be built to Article III District Regulations: Chapter 3.05. Flood Damage Prevention Overlay District requirements. Letters were sent to the adjoining landowners, Aurora Township Chairman and Clerk. A staff report was sent to the Brookings Community Development Office. Public notices were published in the Brookings Register on September 17 & 24, 2024. PUBLIC HEARING: Applicant Eric Witt informed those present project contained structures as noted in Haugen’s report. Proponents: None. Opponents: None. DISCUSSION: Board members had no questions or comments regarding the request. Findings of Facts were reviewed and completed by the board and placed on file. VOTE: Paulson-aye, Aiken-aye, Avery-aye, VanderWal-aye, Ford-aye. 5-aye, 0-nay. MOTION CARRIED. ADJOURN (VanderWal/Avery) Motion to adjourn. Chair Ford adjourned the meeting at 8:26 PM. ________________________________ Rae Lynn Maher Brookings County Development Department 2025jjvar001 Staff Report July 1, 2025 BROOKINGS COUNTY DEVELOPMENT Planning, Zoning and Drainage / Emergency Management Brookings City & County Government Center 520 3rd Street, Suite 200 Brookings, SD 57006 (605) 696-8350 E-Mail: countydevelopment@brookingscountysd.gov Brookings County/Brookings City Joint Jurisdiction Board of Adjustment July 1, 2025 – 8:00 PM meeting 2025jjvar001 – July 1, 2025 Prepared by Richard Haugen, Applicant/Owner: Brandon Bak, 632 W 32nd St S, Brookings, SD 57006. Legal Description: “Outlot 1 in SW1/4 of the SE1/4 of Section 3, T109N, R50W (Medary Township)” ~~ located at 632 W 32nd St S, Brookings, SD 57006. Joint Zoning Ordinance for Brookings County and the City of Brookings: Article III District Regulations: Chapter 3.04 “A” Agricultural Land District: Section 3.04.03. Area Regulations/Easements. 1b. Minimum Rear Yard. 2025jjvar001: Brandon Bak has applied for variance 2025jjvar001 to move in a used 14’ x 20’ storage building to be 1 foot from the rear property line to cover an existing lift station. The exiting building that covered a lift station was 3 feet over the rear property line; both were there when he purchased the property. The property was platted on , November 9, 1972, before there was Zoning in Brookings County and before the Brookings City/Brookings County Joint Jurisdictional Area and ordinance. The original building covering the lift station was in disrepair and was removed by the applicant. The applicant applied for the variance and was waiting for Joint Jurisdiction Board of Adjustment approval, when his contractor had an unexpected opening and was able to move the shed, prior to the board’s approval , now making it an after the fact variance. The applicant has a letter from the adjoining landowner saying they have no objections to the variance request. Public notices were published in the Brookings Register on June 17 and 24, 2025. Letters were sent to the adjoining landowner’s, Medary Township Chairman and Clerk. Looking west down W 32nd St S from driveway. Looking north down driveway from W 32nd St S. 2025jjvar001-Brandon Bak Looking east down W 32nd St S from driveway. Looking north from driveway at storage shed. Looking east, wheel at 1 foot from north property line. Looking west, wheel at 1 foot from north property line. Lift station inside storage shed.