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Board of Adjustment
Brookings, South Dakota
May 6, 2010
OFFICIAL MINUTES
Chairperson David Rusten called the Board of Adjustment to order on Thursday,
May 6, 2010, at 5:00 PM in the Council Chamber at City Hall. Members present were
Larry Klingbile, Matt Kurtenbach, Dick Peterson, Jay Vanduch, and Rusten. Alternates
Jason Hoffelt and Jim Pederson were absent. Others present were Cliff Kurtz, Jason
Kurtz, Dave Gullickson, Tim Gutormson, Jeff Engen, Karen Skogstad, Community
Development Director Mike Struck, and Planning and Zoning Administrator Dan
Hanson.
Item #1 – (Klingbile/Vanduch) Motion to approve the minutes of the April 15, 2010
meeting. All present voted aye. MOTION CARRIED.
Item #2 – (Peterson/Vanduch) Motion to approve the agenda. All present voted
aye. MOTION CARRIED.
Item #3 – Jason Kurtz , representing Cliff Kurtz, presented a modified plan for
reconsideration by the Board.
Chairperson Rusten called for a motion to reconsider. No motion was made.
Item #4 – David Gullickson has made a request for a variance on Lot 4, Block 7, East
Medary Addition, also known as 333 Elm Avenue. The request is to construct an
accessory building 2.5 feet from the north side lot line. The required setback is three feet
(3’).
(Klingbile Vanduch) Motion to approve the variance. All present voted aye.
MOTION CARRIED.
Item #5 - Maize Properties, Inc. has made a request for a variance on Lots 1 and 2,
Block 7, Gilkerson Addition and Lots 1 – 3, Block 2, Gilkerson Second Addition, also
known as 241 34th Avenue. The request is to install a 4th access drive onto a minor
arterial street. The maximum number of driveways permitted is two.
(Peterson/Kurtenbach) Motion to approve the variance.
(Kurtenbach/Peterson) Amendment to the motion to add “subject to the
elimination of the access drive in the southeast corner of Lot 2, Block 7, Gilkerson
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Addition granted by the Board on February 10, 2010.” All present voted aye.
AMENDMENT CARRIED.
The motion as amended, was voted on. All present voted aye. MOTION
CARRIED.
Item #6 - Jeff and Cris Engen have made a request for a variance on Lot 22, Fishback
Subdivision, also known as 1025 Circle Drive. The request is to build an addition six feet
three inches (6’3”) from the south side lot line. The required setback is seven (7) feet in
the Residence R-2 District.
(Peterson/Vanduch) Motion to approve the variance. All present voted aye.
MOTION CARRIED.
Item #7 - Keith and Karen Skogstad have made a request for two variances on Lot 5,
Block 1, East Acres Second Addition, also known as 1633 Elmwood Drive. The first
request is to establish front yard parking on a residential lot. The second request is to
change the location of a portion of a fence in a front yard that was previously granted
a variance.
(Klingbile/Peterson) Motion to approve the variances.
(Kurtenbach/Peterson) Amendment to the motion to add “provided no access
drive is installed onto 17th Avenue.” 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 David Rusten, Chairperson
Planning & Zoning Administrator
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Board of Adjustment
Brookings, South Dakota
May 6, 2010
SUMMARY OF DISCUSSION
Chairperson David Rusten called the Board of Adjustment to order on Thursday,
May 6, 2010, at 5:00 PM in the Council Chamber at City Hall. Members present were
Larry Klingbile, Matt Kurtenbach, Dick Peterson, Jay Vanduch, and Rusten. Alternates
Jason Hoffelt and Jim Pederson were absent. Others present were Cliff Kurtz, Jason
Kurtz, Dave Gullickson, Tim Gutormson, Jeff Engen, Karen Skogstad, Community
Development Director Mike Struck, and Planning and Zoning Administrator Dan
Hanson.
Item #3 – Jason Kurtz, representing Cliff Kurtz, stated that an equine extension
specialist had visited the site to recommend a building size and exercise area for the
horse. He had two building layouts with different dimensions. He noted that the
proposed building represented only 1% of the total area of the lot.
Kurtz submitted a handout containing the permit for the Conditional Use to
establish a private stable, a letter from Avera Brookings Medical Clinic indicating the
benefits that therapeutic riding programs had on children with cerebral palsy, and
an AARP magazine article addressing friendships between a cerebral palsy patient
and a horse, a United Way pamphlet focusing on riding skills and training, two
proposed building layouts with site plans, and a wall section.
One building was 880 square feet in size and one was 832 square feet. Both
buildings had a 12 foot high sidewall, an indoor riding area, a tack room, and a horse
stall. Exterior roofed porches increased the overall size from 880 to 1,168 square feet
and 832 to 940 square feet.
Peterson inquired about the size of the original building. Hanson recalled that
the building had about 1,082 square feet of area. Kurtz indicated that the 832 square
foot building was preferred. The Board compared the initial 1,082 square foot building
proposal with the new 940 square foot proposal. The difference resulted in 142 square
feet less than what was originally proposed. Peterson noted that the total square
footage of accessory buildings on the lot would still be about 2,690 square feet.
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Item #4 – Gullickson stated that he had poured a slab six inches (6”)too close to his
side lot line. Peterson felt the encroachment was minor in nature. Klingbile did not
feel it would negatively impact the neighboring property.
Item #5 – Tim Gutormson, representing Maize Properties, Inc., stated that a third
access drive was approved by the Board on this same parcel a short time ago. One
of the uses on the parcel was a warehouse that was a hub for over-the-road truck
drivers. The existing layout of the access drives and loading docks required semis to
back up on the blind side. Adding an access drive in another location would correct
the problem.
Peterson inquired if a one-for-one exchange could be acceptable. Gutormson
felt that was possible. He noted that a linear stormwater detention area had already
been constructed parallel to 34th Avenue so access to 34th Avenue was restricted.
Kurtenbach noted that the southeast corner driveway had not been installed,
and the south portion of the lot was undeveloped. Gutormson stated that the
driveway was used for hauling dirt onto the site. Peterson felt that three (3) access
drives were appropriate for the existing use and allowed sufficient access.
Item #6 – Jeff Engen stated his plans involved a building addition off the back of the
house. He noted that the lot shape was unique, and the house was constructed at
an angle. In addition, the room layout dictated how the addition would be located.
The encroachment involved a small triangular portion.
Peterson agreed that the unusual shape of the lot and the angle of the house
was not created by Engen but did present a hardship.
Item #7 – Karen Skogstad stated the exterior fence needed repairing so the plan was
to move a portion of it to the north. The lot had an existing driveway pad that
remained from a time when the garage faced 17th Avenue. She noted that a large
row of mature evergreen trees existed along 17th Avenue and shielded the old
parking pad.
Kurtenbach asked if a driveway could be installed onto 17th Avenue. Hanson
replied yes. Klingbile asked if the driveway off Elmwood Drive would be expanded.
Skogstad answered that no plans were in place to do that now. Kurtenbach felt
restricting access to 17th Avenue was appropriate considering the existing fence and
front yard parking request.
The meeting was adjourned.
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______________________ __________________________
Dan Hanson, Secretary David Rusten, Chairperson
Planning & Zoning Administrator