HomeMy WebLinkAboutBOAMinutes_2007_11_01Board of Adjustment
Brookings, South Dakota
November 1, 2007
OFFICIAL MINUTES
Chairperson Dick Peterson called the Board of Adjustment to order
on Thursday, November 1, 2007 at 5:00 PM in the Council Chamber at City
Hall. Members present were Matt Kurtenbach, Jay Vanduch, Larry
Klingbile, a-Jim Pederson, and D. Peterson. David Rusten and a-Mike
Keating were absent. Also present were Al Rogers, Scott Hodges, Pam
Merchant, Mary Jo Minor, Gene Spence, City Engineer Jackie Lanning,
Zoning Administrator Dan Hanson, and others.
Item #1 – (J. Pederson/Vanduch) Motion to approve the minutes of the
October 18, 2007 meeting. All present voted aye. MOTION CARRIED.
Item #2 – (Vanduch/Kurtenbach) Motion to approve the agenda. All
present voted aye. MOTION CARRIED.
Item #3 - Agri-cultures has made a request for three variances on Lot 3,
Railroad Second Addition, also known as 504 Front Street. The first request is
to build an addition five feet (5') from the east side lot line. The required
setback is 20 feet. The second request is to build 36' 10" from the front lot line.
The required setback is 40 feet. The third request is to build eight feet (8’)
from the rear lot line. The required setback is 20 feet.
(Klingbile/Vanduch) Motion to approve the variances. All present
voted aye. MOTION CARRIED.
Item #4 - Kopman Builders/H&M Land Company have made a request for a
variance on Lot 28, Wahpeton Village, Indian Hills Addition, also known as
1127 Indian Hills Road. The request is to establish a second access drive on a
residential lot. Only one access drive is permitted.
(Vanduch/Kurtenbach) Motion to approve the variance request.
Kurtenbach and Vanduch voted aye. Klingbile, J. Pederson, and D.
Peterson voted no. MOTION FAILED.
Item #5- Gene Spence has made a request for a variance on Lot 1 and the
west 10 feet of Lot 2, Block 3, LeGeros Addition, also known as 1402 2nd
Street. The request is to construct a six foot (6') high privacy fence six inches
(6") from the west front lot line. The maximum height allowed is thirty inches
(30").
Klingbile recused himself from the board.
(J. Pederson/Vanduch) Motion to approve the variance as
presented.
(Kurtenbach/J. Pederson) Amendment to the motion to allow a six
foot (6’) high fence to be erected in the same location as the existing fence
and extended south parallel to the property line to a point where it would
proceed at a 45 degree angle to a point on the proposed east/west
portion of the fence that is 11’ 10” east of the front lot line. All present voted
aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION
CARRIED.
The meeting was adjourned.
______________________ __________________________
Dan Hanson, Secretary Dick Peterson, Chairperson
Board of Adjustment
Brookings, South Dakota
November 1, 2007
SUMMARY OF DISCUSSION
Chairperson Dick Peterson called the Board of Adjustment to order
on Thursday, November 1, 2007 at 5:00 PM in the Council Chamber at City
Hall. Members present were Matt Kurtenbach, Jay Vanduch, Larry
Klingbile, a-Jim Pederson, and D. Peterson. David Rusten and a-Mike
Keating were absent. Also present were Al Rogers, Scott Hodges, Pam
Merchant, Mary Jo Minor, Gene Spence, City Engineer Jackie Lanning,
Zoning Administrator Dan Hanson, and others.
Item #3 – Al Rogers, representing Agri-cultures, stated that the roof was
bad on the east portion of the building, and it needed to be replaced. He
wanted to replace the east side with a new addition in the same location.
Kurtenbach noted that the lot had an irregular shape, and the
request was limited to a replacement of the existing building.
Item #4 – Scott Hodges, representing Kopman Builders, stated the builder
was unaware of the regulation prohibiting two (2) driveways. He
presented photos to the Board of corner lots with two driveways or very
wide driveways associated with two-family dwellings. He noted that the
lot had 115 feet of frontage width which made it slightly wider than most
lots in the city. He felt backing up into the street would not be safe. He
also remarked that the property would not have any sidewalks so it would
have less surfacing in the front yard. Pam Merchant, a neighbor,
supported the proposal. She felt the driveway was very attractive, and an
exception to the rule should be permitted. Mary Jo Minor of the H&M
Land Company also supported the request.
Kurtenbach noted that the lot had similar characteristics to many
other lots. Klingbile asked if the street width was standard. Lanning replied
yes. Vanduch noted that variances had been granted for two (2)
driveways on large lots in other parts of the city. D. Peterson asked for a
copy of the site plan submitted for a building permit. Hanson passed
around the plan showing one (1) driveway from the curb directly towards
the garage doors. J. Pederson found it hard to accept plans that were
changed from what was presented.
Kurtenbach questioned where a car could be parked on a
driveway with this type of design. Hanson replied that parking to the left of
the garage and in front of the house would be front yard parking.
Peterson remarked that one (1) driveway for each frontage on a corner
lot allows for flexibility in how a house would be located. Vanduch added
that corner lots have much more lineal frontage than interior lots.
Hodges felt the request should be judged on its own merits.
Merchant felt a percentage of lot frontage should be considered rather
than the number of driveways.
Item #5 – Spence stated he wanted to construct a fence in the front yard
for privacy and child safety. He felt that his rear yard was also the front
yard by definition, and he could not enjoy a completely fenced in yard as
a neighbor with an interior lot could.
Hanson remarked that a six foot (6’) high fence was allowed in-line
with the west wall of the house. D. Peterson asked if a driveway were
permitted off 14th Avenue. Hanson replied yes. Kurtenbach was not in
favor of a six inch (6”) setback. D. Peterson supported a modification that
would increase visibility. Vanduch recommended an angled fence by the
garage.
The meeting was adjourned.
______________________ __________________________
Dan Hanson, Secretary Dick Peterson, Chairperson