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Board of Adjustment
Brookings, South Dakota
April 7, 2011
OFFICIAL MINUTES
Chairperson David Rusten called the Board of Adjustment to order on
Thursday, April 7, 2011 at 5:00 PM in the Council Chamber at City Hall. Members
present were Jason Hoffelt, Jim Pederson, Dick Peterson, a-Jere Heib, and
Rusten. Alternate member Mary Kidwiler was also present. Matt Kurtenbach was
absent. Also present were Ken Brokmeier, Gary Brockberg, Darryl Wika, David
Kneip, Community Development Director Mike Struck, and Planning and Zoning
Administrator Dan Hanson.
Item #1 – (J. Pederson/Hoffelt) Motion to approve the minutes of the March 17,
2011, meeting. All present voted aye. MOTION CARRIED.
Item #2 – (D. Peterson/J. Pederson) Motion to approve the agenda. All present
voted aye. MOTION CARRIED.
Item #3 – Our Savior Evangelical Lutheran Church formally requested a
reconsideration of the vote by the Board to deny two variance requests at the
previous meeting on March 17, 2011. The first request is to establish a sign with 53
square feet of area. The maximum permitted is 32 square feet. The second request
is to establish an electronic message display (EMD) with 28 square feet of area.
The maximum permitted is 24 square feet.
(J. Pederson/Heib) Motion to reconsider the vote. J. Pederson, Hoffelt,
Heib, and Rusten voted aye. D. Peterson voted no. MOTION CARRIED.
Heib moved to approve Option 2 with a total sign area of 37 square feet.
Motion died for lack of a second. No further action was taken.
Item #4 – Gary Brockberg has made a request for a variance on Lot 31, Block 1,
Hunter’s Ridge Addition, also known as 1616 Cardinal Drive. The request is to build
22 feet from the rear lot line. The required setback is 25 feet in the Residence R-1B
District.
(J. Pederson/Hoffelt) Motion to approve the variance. J. Pederson, Hoffelt,
Heib, and Rusten voted aye. D. Peterson voted no. MOTION CARRIED.
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Item #5 - Tazman LLC has made a request for a variance on Lot 22, College
Addition, also known as 623 Faculty Drive. The request is to build 20’9” from the
east front lot line. The required setback is 25 feet in the Residence R-2 District.
(J. Pederson/D. Peterson) Motion to approve the variance. All present voted
no. MOTION FAILED.
Item #6 – David and Sara Kneip have made a request for a variance on Lots 3 and
4, Block 4, Hill Park Addition, also known as 1218 6th Street. The request is to build 4.5
feet from the east side lot line. The required setback is seven feet (7’) in the
Residence R-2 District.
(J. Pederson/D. Peterson) Motion to approve the variance. J. Pederson,
Hoffelt, D. Peterson, and Rusten voted aye. Heib voted no. 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
April 7, 2011
SUMMARY OF DISCUSSION
Chairperson David Rusten called the Board of Adjustment to order on
Thursday, April 7, 2011 at 5:00 PM in the Council Chamber at City Hall. Members
present were Jason Hoffelt, Jim Pederson, Dick Peterson, a-Jere Heib, and
Rusten. Alternate member Mary Kidwiler was also present Matt Kurtenbach was
absent. Also present were Ken Brokmeier, Gary Brockberg, Darryl Wika, David
Kneip, Community Development Director Mike Struck, and Planning and Zoning
Administrator Dan Hanson.
Item #3 – Ken Brokmeier, Pastor of Our Savior Evangelical Lutheran Church,
submitted two options for signs that would be smaller than the original request.
Option 1 had a 24.29 square foot electronic message display (EMD) and a 15.46
square foot name plate (39.75 square feet). Option 2 had a 21.54 square foot
EMD, and the same size nameplate (37 square feet). Brokmeier also submitted
letters of support from five (5) property owners in the neighborhood. He felt two
smaller signs would be more distracting than one larger sign.
J. Pederson stated he was willing to reconsider the vote only for the
purposes of additional discussion by the Board members. He could not support
either option submitted as presented.
Item #4 – Brockberg stated he wanted to build an additional stall onto the
existing garage that would extend into the required rear yard setback. He did
not feel that it would encroach on his neighbor since the neighbors house was
about 50 feet from the lot line.
D. Peterson remarked that the home was constructed on the lot
according to the same setback regulations that are in place now. Therefore, he
could not support a variance.
Item #5 – Darryl Wika stated his variance request involved an entryway that
already existed on the house. He would have to remove it if the variance were
denied. The entryway extended to the second floor and into the roof. It would
be expensive to repair the house if the entryway were removed. He also noted
that the lot was odd shaped, and the lot dimensions were found to be
inaccurate according to the record.
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J. Pederson noted that additional expense for an applicant is not a
reason to justify a hardship. Wika remarked that it could cost $6,000 to
reconstruct the roof and do other repairs.
Item #6 – David Kneip stated his current attached garage was 20’ x 20’ in size
and was difficult to use for two vehicles. One stall was almost useless. He noted
that the adjacent house, which he owned, was 22 feet from the lot line.
D. Peterson noted the age of the house and the zoning ordinance
changes that had taken place over the years were reasons for supporting the
request. J. Pederson asked if land from the corner lot to the east could be sold
to Kneip to avoid a variance. Hanson responded that it was possible provided
the corner lot was large enough to begin with. He added that an issue could
arise with that option because the attached garage on the corner house was
closer to the lot line. A portion of the land could not be sold if it created a yard
that was less than the minimum required.
The meeting was adjourned.
______________________ __________________________
Dan Hanson, Secretary David Rusten, Chairperson
Planning & Zoning Administrator