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HomeMy WebLinkAboutBOAMinutes_2007_05_17Board of Adjustment Brookings, South Dakota May 17, 2007 OFFICIAL MINUTES Vice-chairperson Matt Kurtenbach called the Board of Adjustment to order on Thursday, May 17, 2007 at 5:00 PM in the Council Chamber at City Hall. Members present were David Rusten, Jay Vanduch, a-Jim Pederson, and Kurtenbach. Dick Peterson was available on speaker phone. Larry Klingbile and alternate Mike Keating were absent. Others present were Tim Olson, Mark Sommervold, Mike Mullaney, Mike Bailey Jr., Jerry McCollough, Lila Olauson, Rick Eggebrect, City Engineer Jackie Lanning, Zoning Administrator Dan Hanson, and others. Item #1 – (Vanduch/Rusten) Motion to approve the minutes of the May 3, 2007 meeting. All present voted aye. MOTION CARRIED. Item #2 – (Vanduch/Rusten) Motion to approve the agenda. All present voted aye. MOTION CARRIED. Item #3 - Rabbit Rentals 729 LLC has made a request for two variances on the east 78 feet of Lot 9, Block 2, Randi Peterson Addition, also known as 729 11th Avenue. The first request is to establish three (3) on-premise parking spaces for a use that requires a minimum of four (4) spaces. The second request is to establish front yard parking on a residential lot. (Vanduch/J. Pederson) Motion to approve the first variance. Vanduch, Rusten, J. Pederson, and D. Peterson voted aye. Kurtenbach voted no. MOTION CARRIED. (Rusten/Vanduch) Motion to approve the second variance. Rusten and D. Peterson voted aye. Vanduch, J. Pederson, and Kurtenbach voted no. MOTION FAILED. Item #4 - Mark and Shannon Sommervold have made a request for a variance on Lot 5, Block 4, Esther Heights Addition, also known as 2029 David Cove. The request is to build a fence up to the front lot line along the Western Avenue right- of-way. The minimum required setback is 30 feet in this district. Item #5 – Mike Mullaney has made a request for a variance on Lot 4, Block 4, Esther Heights Addition, also known as 2023 David Cove. The request it to build a fence up to the front lot line along the Western Avenue right-of-way. The minimum required setback is 30 feet in this district. (J. Pederson/Vanduch) Motion to approve both variance requests. (Rusten/Vanduch) Amendment to the motion to strike out “up to” and insert “two feet from”. All present voted aye. AMENDMENT CARRIED. The motion, as amended, was voted on. All present voted aye. MOTION CARRIED. Item #6 - TopLine Properties LLC has made a request for a variance on Block 1, Hyland Addition, also known as the 1100 block of 22nd Avenue South. The request is to build 20 feet from the rear lot line. The minimum required setback is 40 feet from a residential district boundary line. (Vanduch/Rusten) Motion to approve the variance. (Vanduch/J. Pederson) Amendment to the motion to strike out “20” and insert “15”. All present voted aye. AMENDMENT CARRIED. The motion, as amended, was voted on. All present voted no. MOTION FAILED. Item #7 - Rick Eggebrecht has made a request for a variance on Lots 8 and 9, Block 7, Bane and Poole Addition, also known as 2037 Kansas Drive. The request is to establish a 48 foot wide driveway in the minimum front yard setback along Minnesota Drive. The maximum width allowed is 36 feet. (Vanduch/Rusten) Motion to approve the variance. All present voted aye. MOTION CARRIED. The meeting was adjourned. ______________________ __________________________________ Dan Hanson, Secretary Matt Kurtenbach, Vice-chairperson Board of Adjustment Brookings, South Dakota May 17, 2007 SUMMARY OF DISCUSSION Vice-chairperson Matt Kurtenbach called the Board of Adjustment to order on Thursday, May 17, 2007 at 5:00 PM in the Council Chamber at City Hall. Members present were David Rusten, Jay Vanduch, a-Jim Pederson, and Kurtenbach. Dick Peterson was available on speaker phone. Larry Klingbile and alternate Mike Keating were absent. Others present were Tim Olson, Mark Sommervold, Mike Mullaney, Mike Bailey Jr., Jerry McCollough, Lila Olauson, Rick Eggebrect, City Engineer Jackie Lanning, Zoning Administrator Dan Hanson, and others. Item #3 – Tim Olson, owner of Rabbit Rentals, stated that three (3) parking spaces were near the house, and one was on an approved boulevard space. He understood that the boulevard could not be counted as a space since it was on the public right-of-way, but no one had ever parked on the space except for residents of 729. Olson noted that the house was in a high-density district and felt the variance would not adversely affect the neighborhood. He added that adjacent uses contained parking lots so his parking plan would be similar in nature to what was customary in the neighborhood. J. Pederson felt the northeast parking spot by the house was very close to the sidewalk and could result in vehicles overhanging the sidewalk. Vanduch concurred with J. Pederson. Olson responded that he could require only small vehicles to park there. Vanduch felt the sale of 725 11th Avenue could cause a problem. Olson replied that he would require an access easement prior to any sale. Kurtenbach felt the primary issue was whether the boulevard parking space should be counted in lieu of an on-premise space. (second variance) Olson stated that only a portion of one car would extend into the front yard. Kurtenbach asked if the parking areas would be surfaced. Olson replied yes. Rusten felt the front yard parking would not affect SDSU or other surrounding properties. Olson did not feel the limited encroachment into the front yard on this small lot was as issue. He noted that the entire block was used for parking. Vanduch felt other options were available to Olson besides parking in the front yard. Items #4 and #5 – Sommervold stated that the ability to build the fence closer to the lot line would be a benefit for children at his day care. Mullaney stated that no access is permitted onto Western Avenue so no driveways could be installed. D. Peterson felt the request had merit since access restrictions were in place. He asked for some background on fences that were in place along Main Avenue. Hanson replied that fences along arterial streets were required to be set back four (4) feet or more from the lot line. Item #6 – Mike Bailey Jr., representing Topline Properties LLC, stated a building with banquet facilities and large rooms was proposed on the site. This use required the building to be square versus long and narrow. He noted that only a portion of the building would be 15 feet from the property line, and most of the west side would be 25 feet away. He also commented that an existing sanitary sewer line east of the proposed building limited the use of the property. Jerry McCollough, a neighbor in Meadowgreen, felt there was no hardship presented. He said the building could be engineered to fit on the lot. The 40 foot setback was needed since it was next to a residential district. He added that the adjacent property would be damaged if the variance were granted. Lila Olauson, another neighbor in Meadowgreen, opposed the request. She felt precedence could be set that could ultimately impact her property. Bailey remarked that there were differences with this lot compared to the University Mall land and Meadowgreen. There was an existing sewer line easement on the property that was not on the University Mall land. In addition, the Meadowgreen development had an agreement where the 40 foot buffer zone could not be varianced. Vanduch inquired if the building could be built on the east side of the lot. Bailey replied that the banquet/office use would not be the best use along 22nd Avenue South. Vanduch felt that since the building had not been built, it could easily be redesigned. Item #7 – Eggebrect stated that the 13 feet of extra width would only be at the doors of the garage. The approach would stay the same. He added that there were no neighbors across the street to the east that would be impacted. Hanson stated the regulations governing driveway widths are reviewed and changed from time to time to reflect popular design features for homes. Currently, a driveway width that would provide access to a standard three stall garage is the norm. However, more homes are being built with 4 stall garages. The meeting was adjourned. ______________________ _________________________________ Dan Hanson, Secretary Matt Kurtenbach, Vice-chairperson