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HomeMy WebLinkAboutBOAMinutes_2009_08_20 1 Board of Adjustment Brookings, South Dakota August 20, 2009 OFFICIAL MINUTES Chairperson Dick Peterson called the Board of Adjustment to order on Thursday, August 20, 2009 at 5:00 PM in the Council Chamber at City Hall. Members present were Larry Klingbile, David Rusten, Matt Kurtenbach, Jay Vanduch, and Peterson. Alternates - Mike Keating and Jim Pederson were absent. Also present were Jessica Nelson, Bill Calmus, Beth Niemeyer, Kevin Grunewaldt, Ken Curley, Steve Thompson, Amy Stoel, Monte Harming, Jim Welch, Terry McKeown, Richard Smith, Tresa Monteith, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson, and others. Item #1 – (Kurtenbach/Klingbile) Motion to approve the minutes of the July16, 2009, meeting. All present voted aye. MOTION CARRIED. Item #2 – (Klingbile/Rusten) Motion to approve the agenda. All present voted aye. MOTION CARRIED. Item #3 - Jessica Nelson has made a request for a variance on Lot 8B, Lass Addition, also known as 115 Twin Oaks Lane. The request is to build a six foot (6’) high fence 24 feet from the north front lot line. The required setback is 30 feet. (Vanduch/Klingbile) Motion to approve the variance request. All present voted aye. MOTION CARRIED. Item #4 - Homestead Building Supplies has made a request for a variance on Outlot 2 in the NE ¼ of Section 35-T110N-R50W, also known as 823 Main Avenue South. The request is to establish a freestanding sign with 169.5 square feet of area. The maximum area permitted is this district is 160 square feet. (Vanduch/Rusten) Motion to approve the variance request. All present voted aye. MOTION CARRIED. Item #5 - The Brookings School District has made a request for a variance on Lot A, Nelson Third Addition, also known as 1401 15th Street South. The request is to erect a four foot (4’) high fence, four feet (4’) from Camelot Drive and from a portion of 15th Street South that abuts a playground area. (Vanduch/Rusten) Motion to approve the variance request. 2 (Vanduch/Kurtenbach) Motion to table. All present voted aye. MOTION CARRIED. Item #6 - The South Dakota Army National Guard has made a request for a variance on Lots A and B of Lot 1 and all of Lot 2, Christensen Addition, also known as 300 5th Street South. The request is to install an additional access drive onto 5th Street South. (Klingbile/Vanduch) Motion to approve the variance request. (Rusten/Kurtenbach) Motion to table. All present voted aye. MOTION CARRIED. Item #7 - First United Methodist Church has made a request for a variance on Lot 1 and 14, Block 11, Second Addition, also known as 625 5th Street. The request is to erect a six foot (6’) high fence 8.2 feet from the east front lot line. (Vanduch/Kurtenbach) Motion to approve the variance request. (Klingbile/Vanduch) Amendment to the motion to add “subject to the design presented.” All present voted aye. AMENDMENT CARRIED. The motion, as amended, was voted on. All present voted aye. MOTION CARRIED. Item #8 - Wendell and Marlys Thompson have made a request for a variance on Lot 1, Block 1, East Acres Addition, also known as 215 16th Avenue South. The request is to erect a 3½ foot high fence in the front yard of a residential lot. The maximum height permitted is 2½ feet. (Rusten/Klingbile) Motion to approve the variance request. (Kurtenbach/Vanduch) Motion to table. All present voted aye. MOTION CARRIED. Item #9 - Kevin Grunewaldt has made a request for a variance on Lot 7A, Block 9, Folsom Addition, also known as 126 2nd Avenue South. The request is to install 1,388 square feet of landscape area for a 6-unit apartment building. The minimum required is 1,800 square feet. (Rusten/Kurtenbach) Motion to approve the variance request. All present voted aye. MOTION CARRIED. Item #10 - Ken and Carolyn Curley have made a request for a variance on Lot 1, Block 1, LeGeros Second Addition, also known as 1442 Wisconsin Street. The request is 3 to erect a five and one-half foot (5 ½’) high privacy fence six inches (6”) from the east front lot line. The required setback is 25 feet in this residential district. (Klingbile/Vanduch) Motion to approve the variance request. (Klingbile/Kurtenbach) Amendment to the motion to add “provided no access drive is installed off 16th Avenue as long as the fence is present.” All present voted aye. AMENDMENT CARRIED. The motion, as amended, was voted on. All present voted aye. MOTION CARRIED. Item #11 - Dacotah Bank has made a request for a variance on the east 9.13 feet of Lot 3 and all of Lots 4 – 8, Block 1, Hillcrest Addition, also known as 1441 6th Street. The request is to install seven (7) incidental (directional) signs with an area of 10 square feet per sign. The maximum allowed is four (4) square feet. (Kurtenbach/Rusten) Motion to approve the variance request. All present voted aye. MOTION CARRIED. Item #12 - Mark and Amy Stoel have made a request for a variance on the west 5 feet of Lot 14, and all of Lot 15, Block 2, Legeros Addition, also known as 1423 2nd Street. The request is to establish a two-family dwelling on a lot with 64.4 feet of lot width. The required lot width is 65 feet in a Residence R-2 District. (Kurtenbach/Rusten) Motion to approve the variance request. All present voted no except Klingbile voted aye. MOTIOM FAILED. Item #13 - Tresa Monteith has made a request for a variance on the south 50 feet of the north 100 feet of the west 165 feet of Outlot N in Section 26-T110N-R50W, also known as 521 Main Avenue South. The request is to establish front yard parking on a lot used for residential purposes in a Business B-3 District. (Vanduch/Rusten) Motion to approve the variance request. Vanduch, Rusten, and Kurtenbach voted aye. Klingbile and Peterson voted no. MOTION FAILED. Peterson recused himself from the Board. tem #14 - The Brookings Regional Humane Society has made a request for a variance on the south 100 feet of Outlot 5 in the NE ¼ of Section 35-T110N-R50W, also known as 1027 Main Avenue South. The request is to establish a kennel 208 feet from a residential district boundary line. Four hundred feet is the required setback by ordinance. (Klingbile/Vanduch) Motion to approve the variance request. All present voted aye. MOTION CARRIED. 4 The meeting was adjourned. ______________________ __________________________ Dan Hanson, Secretary Dick Peterson, Chairperson Planning & Zoning Administrator 5 Board of Adjustment Brookings, South Dakota August 20, 2009 SUMMARY OF DISCUSSON Chairperson Dick Peterson called the Board of Adjustment to order on Thursday, August 20, 2009 at 5:00 PM in the Council Chamber at City Hall. Members present were Larry Klingbile, David Rusten, Matt Kurtenbach, Jay Vanduch, and Peterson. Alternates - Mike Keating and Jim Pederson were absent. Also present were Jessica Nelson, Bill Calmus, Beth Niemeyer, Kevin Grunewaldt, Ken Curley, Steve Thompson, Amy Stoel, Monte Harming, Jim Welch, Terry McKeown, Richard Smith, Tresa Monteith, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson, and others. Item #3 – Jessica Nelson stated that she was unaware that her property had two front yards. Safety for her children and pets was the main reason for wanting a higher fence. Peterson did not see any sight issues with the request. Kurtenbach remarked that several lots had double-frontages, and the variance could set a precedence in that neighborhood. He felt the request was appropriate given the circumstances. Item #4 – Bill Calmus, representing Homestead Building Supply, stated he preferred to place a new sign on an existing pylon instead of erecting an entirely new sign structure. Kurtenbach asked if the variance would allow for more signage on the lot as a whole. Hanson replied no, the maximum allowed square footage would not increase. Items 5 and 6 – No one was present to speak to the requests. Item #7 – Beth Niemeyer, representing the First United Methodist Church Building Committee, stated that a variance had been granted in March 2008 to build 8.2 feet from the front lot line. The proposed fence would be in-line with the building. The brick columns would be six feet (6’) high, and the fence would be four feet (4’) high. 6 Kurtenbach did not see any visibility issues with the proposed fence design since it would be made of wrought iron. Klingbile concurred but wanted to make sure any future replacement was of the same material and/or design. Item #8 – No one was present to speak to the request. Item #9 – Kevin Grunewaldt stated that the parking lot was skewed on the lot because the contractor went by the apartment foundation and not the lot lines. Therefore, he lost green space on the north end of the lot. Hanson noted that the final design of the apartment changed and therefore, caused a reduction in the original landscape area. Kurtenbach felt there was an intent to comply but the execution failed. Vanduch commented that the original plan did not leave much room for error but felt the first variance that was granted by the Board of Adjustment should be maintained. Rusten asked how many square feet were involved between the two requests. Hanson replied 16. Item #10 – Ken Curley referred to his letter and stated that moving the fence would create a hardship. If moved, the rear yard would be reduced in half. He felt it would also disrupt the landscape plan in the backyard. Klingbile supported an access restriction if the Board was inclined to support the variance. Item #11 – Steve Thompson, representing Trademark Signs, stated the purpose for installing the larger signs was for safety. The site would have four (4) driveways so the signs would be giving several different directions. The text would have to be large enough to see from a distance. Vanduch proposed that the words “Dacotah Bank” on each panel be removed so the remaining lettering could be larger. He also felt that the sign could be shaped differently to allow a larger font. Thompson felt the lettering size would still be affected with a smaller sign. Item #12 – Amy Stoel stated her lot width was about six inches (6”) short of the minimum requirement. The house was designed as a duplex with a total of five (5) bedrooms. She felt there was adequate parking on the lot. Many neighbors attended the meeting. Monte Harming, Terry McKeown, and Crystal Runge felt the increased traffic in the alley would be a problem. Jim Welch and Richard Smith opposed the request due to the increase in density it would create. Smith felt it would also impact the current character of the neighborhood and set a precedence. 7 Hanson explained that the property met the minimum lot area requirement but not the lot frontage minimum. Dawna Kuck, a real estate agent, noted that other properties in the block could be converted to two-family dwellings due to their size. Item #13 – Monteith stated that she had a driveway along the north side of her house, but it wasn’t wide enough for two (2) cars side-by-side. Kurtenbach felt he could support the request because it was in a commercial district, and the variance sought was modest. Peterson asked if the rear yard could be used for parking. Monteith was not interested in using the rear yard for parking. In addition, winter snow drifts were common on the north side of the house. Item #14 – Dick Peterson, a board director for the Humane Society, stated that adjacent uses included storage buildings and warehouses. The outdoor kennel was only temporary until dogs could be placed with other foster families, and the keeping of dogs was not common for the kennel. Kurtenbach felt the distance to the residential district boundary in this area was adequate based on the proposed operation of the kennel. The meeting was adjourned. ______________________ __________________________ Dan Hanson, Secretary Dick Peterson, Chairperson Planning & Zoning Administrator