HomeMy WebLinkAboutBOAMinutes_2009_07_16Board of Adjustment
Brookings, South Dakota
July 16, 2009
OFFICIAL MINUTES
Chairperson Dick Peterson called the Board of Adjustment to order on
Thursday, July 16, 2009 at 5:00 PM in the Council Chamber at City Hall. Members
present were Larry Klingbile, David Rusten, Matt Kurtenbach, Jay Vanduch,
alternate - Mike Keating and Peterson. Alternate - Jim Pederson was absent. Also
present were Paul Moriarty, Cody Christianson, Nan Poppen, Carrie Hagberg,
Karla Hanson, James May, Marvin Bebensee, Lynda Pierce, Mike Gunderson,
Planning and Zoning Administrator Dan Hanson, and others.
Item #1 – (Klingbile/Kurtenbach) Motion to approve the minutes of the July16,
2009, meeting. All present voted aye. MOTION CARRIED.
Item #2 – (Rusten/Vanduch) Motion to approve the agenda. All present voted
aye. MOTION CARRIED.
Item #3 - Paul E. Moriarty has made a request for a variance on Lot 15, Block 9,
Moriarty-Edgebrook Addition, also known as 2011 20th Street South. The request is to
build 15.25 feet from the rear lot line. The required setback is 25 feet in the
Residence R-3 District.
(Klingbile/Rusten) Motion to take the motion from the table. All present voted
aye. MOTION CARRIED.
The motion was voted on. All present voted aye. MOTION CARRIED.
Item #4 - Marvin Bebensee has made a request for a variance on Lot 11, Block 3,
Boulevard Park Addition, also known as 1024 Yosemite Lane. The request is to build
an addition 15 feet from the rear lot line. The required setback is 25 feet in a
Residence R-1B District.
(Vanduch/Klingbile) Motion to approve the variance. All present voted aye.
MOTION CARRIED.
Item #5 - That Morningside Community Church has made a request for two
variances on the E53.5 feet of Lot 5, all of Lots 6 – 8, Block 10 and all of Block 12 and
the vacated portion of Morningside Drive in Morningside Addition, also known as
2120 3rd Street. The first request is to establish a parking lot within the required 30 foot
front yard setback area adjacent to 22nd Avenue. The second variance is to erect a
four foot (4‘) high fence 3.5 feet from the front lot line. The required setback is 30
feet.
(Kurtenbach/Rusten) Motion to approve the first variance.
(Klingbile/Kurtenbach) Amendment to the motion to add “provided a six foot
(6’) landscape planting strip is installed along the entire east front lot line abutting
the existing and proposed parking lot.” All present voted aye. AMENDMENT
CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
(Kurtenbach/Vanduch) Motion to approve the second variance request. All
present voted aye. MOTION CARRIED.
Item #6 - Karla McMacken has made a request for a variance on Lot 15, Block 8,
Brookdale Addition, also known as 1917 Victory Street. The request is to erect a deck
23 feet from the front lot line. The required setback is 30 feet in this residential district.
(Rusten/Vanduch) Motion to approve the variance. All present voted aye.
MOTION CARRIED.
The meeting was adjourned.
______________________ __________________________
Dan Hanson, Secretary Dick Peterson, Chairperson
Planning & Zoning Administrator
Board of Adjustment
Brookings, South Dakota
July 16, 2009
SUMMARY OF DISCUSSION
Chairperson Dick Peterson called the Board of Adjustment to order on
Thursday, July 16, 2009 at 5:00 PM in the Council Chamber at City Hall. Members
present were Larry Klingbile, David Rusten, Matt Kurtenbach, Jay Vanduch,
alternate - Mike Keating and Peterson. Alternate - Jim Pederson was absent. Also
present were Paul Moriarty, Cody Christianson, Nan Poppen, Carrie Hagberg,
Karla Hanson, James May, Marvin Bebensee, Lynda Pierce, Mike Gunderson,
Planning and Zoning Administrator Dan Hanson, and others.
Item #3 – Paul Moriarty stated his plan involved locating an apartment building in
the northeast corner of his lot that would be 15’ 3” from the rear lot line. Moving
the building to the south 10 feet would likely require a future parking space
variance. He could also design a notch in the northeast corner of the building. He
added that he was planning to plant two trees behind each apartment building
on the north end.
Cody Christianson, 2014 Moriarty Drive, felt that trees or a fence should be
installed in the rear yard. Nan Poppen, 2022 Moriarty Drive, asked what type of
tree was planned. Moriarty replied an evergreen tree or the choice of the
neighbors. Carrie Hagberg, 2105 Moriarty Drive, also favored evergreen trees on
the north side. Karla Hanson, James May, and Poppen, neighbors to the proposal,
felt 15 feet was too close for a building setback.
Klingbile noted that the variance area involved about 90 square feet. He
noted that the lot shape was irregular along the rear lot line. He supported tree
plantings in the rear yard. Rusten asked why the lots along Moriarty Drive had
different depths. Moriarty explained that, prior to developing the subdivision, he
had exchanged some land with the Bible Baptist Church. Therefore, three lots
were platted 10 feet longer.
Item #4 – Bebensee stated he wanted to build a third stall onto his garage. The
stall would be slightly behind the front of the existing garage. He would preserve
two trees near the garage so the depth would be shorter, and the driveway
would curve around the front tree. He added that the garage and his neighbor’s
garage would both be 15 feet from the lot line.
Item #5 – Lynda Pierce of design Arc, representing Morningside Community
Church, stated her firm was designing a master plan for the church that included
an addition and expanded parking lot. The lot would continue south from the
present lot along 22nd Avenue.
Hanson indicated on the plan that about 10 spaces would be lost without a
variance. He also noted that the proposed plan showed a planting strip between
the parking lot and 22nd Avenue right-of-way. Klingbile inquired if this planting strip
would be installed. Pierce responded that actual parking lot dimensions were not
obtained, but a planting strip would likely not impact the design.
Mike Gunderson, representing the Morningside Church, stated that the
fence was erected to prevent traffic from cutting across the lawn and onto
Morningside Drive. He felt the fence’s impact was primarily isolated to the church
and parsonage.
Kurtenbach felt the previously vacated street and the location of the fence
made this an unusual situation. He supported the request based on those
circumstances.
Item #6 – Hanson remarked that most of the decking height would be below the
30 inch maximum height limit. The only portion above that would be next to the
driveway. Therefore, the allowed 20% front yard setback encroachment
regulation would pertain to most of the proposed deck.
The meeting was adjourned.
______________________ __________________________
Dan Hanson, Secretary Dick Peterson, Chairperson
Planning & Zoning Administrator