The URL can be used to link to this page

Home My WebLink AboutBOAMinutes_2012_06_21C:\Documents and Settings\lcarruthers\Local Settings\Temporary Internet Files\Content.Outlook\5ZLTOVMI\06-21.docx 1 Board of Adjustment Brookings, South Dakota June 21, 2012 OFFICIAL MINUTES Chairperson David Rusten called the Board of Adjustment meeting to order on Thursday, June 21, 2012, at 5:00 PM in the Chambers Room at the City & County Government Center. Voting members present were Jere Hieb, Jason Hoffelt, Jim Pederson, Dick Peterson, and Rusten. Alternate-Seth Hansen was also present. Alternate Mary Kidwiler was absent. Others present were Paul Moriarty, Francine Moudry, Michelle Tilly, Jane Nelson, Chris Prussman, Phil Wagner, Bret Menke, Charles Bush, Planning and Zoning Administrator Dan Hanson and others. Item #1 – (J. Pederson/D. Peterson) Motion to approve the minutes of the May 17, 2012, meeting. All present voted aye. MOTION CARRIED. Item #2 – (D. Peterson/Hoffelt) Motion to approve the agenda. All present voted aye. MOTION CARRIED. Item #3 - John Moriarty has made a request for a variance on Block 11, excluding the west 140 feet of the east 387.9 feet of the south 140 feet of the north 400 feet in Parkdale Home Second Addition, also known as 208 West 8th Street. The request is to retain an existing access drive and driveway in the front yard area. Front yard parking is prohibited on a residential lot. (J. Pederson/Hoffelt) Motion to approve the variance. D. Peterson voted aye. J. Pederson, Hoffelt, Hieb, and Rusten voted no. MOTION FAILED. Item #4 - bel brands, USA has made a request for a variance on Block 2, Foster Addition, also known as 1400 32nd Avenue. The request is to erect a building with a height of 55 feet and storage silos with a height of 70 feet. The maximum height allowed is 50 feet in the Industrial I-1 Light District. (J. Pederson/Hoffelt) Motion to approve a variance to erect storage silos to a height of 70 feet. All present voted aye. MOTION CARRIED. Item #5 - Michelle Tilly has made a request for a variance on the south 105’ of Lots 8 and 9, Block 9,Skinners Second Addition, also known as 1003 3rd Street. The request is to erect a six foot (6’) high privacy fence 8.5 feet from the west front lot line. The maximum height allowed is 30 inches. C:\Documents and Settings\lcarruthers\Local Settings\Temporary Internet Files\Content.Outlook\5ZLTOVMI\06-21.docx 2 (J. Pederson/Hieb) Motion to approve the variance. (D. Peterson/Hieb) Amendment to the motion to add “subject to the elimination of any access drive to Medary Avenue.” All present voted aye. AMENDMENT CARRIED. The motion, as amended, was voted on. All present voted aye. MOTION CARRIED. Item #6 – Jane Nelson has made a request for a variance on Lots 15 and 16, Block 3 of Parkdale Home Replat Subdivision, also known as 629 Hughes Avenue. The request is to build an accessory building 13 feet from the rear lot line. The required setback is 20 feet in the Business B-3 District. (J. Pederson/Hoffelt) Motion to approve the variance. All present voted aye. MOTION CARRIED. Item #7 – Chris Prussman has made a request for two variances on Lots 13 and 14, Block 10, Mathews and Scobeys Addition, also known as 425 5th Avenue South. The first request is to build an accessory building with 1,152 square feet of lot area. The maximum square footage allowed is 982 square feet. The second request is to build 15 feet from the south front property line. Twenty feet (20’) is the required setback in a Residence R-3A District. (D. Peterson/J. Pederson) Motion to approve the two variances. All present voted aye. MOTION CARRIED. Item #8 - Brookings Health Systems, Inc. has made a request for a variance on the west 164.32 feet of Lot 1, Block 4, Mayland’s First Addition, excluding the south 164.3 feet thereof, also known as 100 22nd Avenue. The request is to erect a sign three feet (3’) from the north front lot line. The required setback is five feet (5’). (D. Peterson/J. Pederson) Motion to approve the variance. (D. Peterson/Hoffelt) Amendment to the motion to add “subject to a minimum clearance of six feet (6’) below the sign.” All present voted aye. AMENDMENT CARRIED. The motion, as amended, was voted on. All present voted aye. MOTION CARRIED. C:\Documents and Settings\lcarruthers\Local Settings\Temporary Internet Files\Content.Outlook\5ZLTOVMI\06-21.docx 3 Item #9 - Charles P. Bush has made a request for a variance on Lot 16, Block 10, Parkdale Home Second Addition , also known as 200 West 7th Street. The request is to erect a six foot (6’) high privacy fence up to the east front lot line. The maximum height allowed is 30 inches. (D. Peterson/J. Pederson) Motion to approve the variance. All present voted aye. MOTION CARRIED. The meeting was adjourned. ______________________ __________________________ Dan Hanson, Secretary David Rusten, Chairperson Planning & Zoning Administrator C:\Documents and Settings\lcarruthers\Local Settings\Temporary Internet Files\Content.Outlook\5ZLTOVMI\06-21.docx 4 Board of Adjustment Brookings, South Dakota June 21, 2012 SUMMARY OF DISCUSSION Chairperson David Rusten called the Board of Adjustment meeting to order on Thursday, June 21, 2012, at 5:00 PM in the Chambers Room at the City & County Government Center. Voting members present were Jere Hieb, Jason Hoffelt, Jim Pederson, Dick Peterson, and Rusten. Alternate-Seth Hansen was also present. Alternate Mary Kidwiler was absent. Others present were Paul Moriarty, Francine Moudry, Michelle Tilly, Jane Nelson, Chris Prussman, Phil Wagner, Bret Menke, Charles Bush, Planning and Zoning Administrator Dan Hanson and others. Item #3 – Paul Moriarty, representing John Moriarty, stated the driveway had been there for over 45 years. He was not requesting an additional driveway. He felt the removal of 1,200 square feet of concrete was unnecessary. Arlie Stenson, a neighbor, supported the request. D. Peterson did not feel the existing driveway created a negative impact. J. Pederson opposed retaining the driveway due to the conversion of the garage into living space. He considered it a safety issue since a vehicle entering the driveway could crash into a living area if the vehicle malfunctioned. Moriarty volunteered to erect posts across the driveway to improve safety. Rusten asked if the property had sufficient land for parking. Moriarty replied yes. Item #4 – Francine Moudry, representing bel brands, USA, stated that the building had been redesigned to meet the maximum building height allowed for the district. Therefore, only the height of the proposed silos was requested to be considered. D. Peterson felt that the size of the parcel and location of the silos would not have a negative impact on adjacent property. J. Pederson asked if the Planning Commission had considered allowing silos and similar structures to be taller than the current regulations. Hanson responded that it had been discussed in the past. Item #5 – Tilly remarked that her backyard was small so a fence in her front yard would create more privacy. She added that her neighbor supported her request. Hansen asked for the type of fence that was proposed. Tilly replied that it would be a white privacy fence with brick pillars. D. Peterson recommended that any approval be subject to the elimination of any access drive from Medary Avenue for safety reasons. C:\Documents and Settings\lcarruthers\Local Settings\Temporary Internet Files\Content.Outlook\5ZLTOVMI\06-21.docx 5 Item #6 – Nelson stated the original single stall garage was 13 feet from the rear lot line. The new double stall garage would have the same setback. J. Pederson noted that several neighboring parcels had accessory buildings that were set back a similar distance from the alley. Item #7 – Prussman stated that he had received two (2) variances in 1997 to erect an accessory building. He proceeded to install a concrete slab but ran out of money to finish the project. The three (3) year limit expired which required him to reapply for the same variances. Item #8 – Bret Menke, representing Pride Neon Signs, stated his company installed a sign too close to the Yorkshire Drive right-of-way line. The new sign was further away from the 22nd Avenue right-of-way than the original sign. He felt that moving the sign further onto the lot would put it too close to the parking lot which could result in damage to the sign. Rusten asked if a permit was obtained. Menke replied yes. J. Pederson opposed granting a variance since the company simply was in error in the placement of the sign. Item #9 – Bush stated that he constructed a fence up to the east front lot line of his property. He made sure that there was adequate vision near the alley and near his garage. Hanson noted that Bush’s property was unique in that the sidewalk on the east side of the lot was 10 feet from the front lot line instead of the customary 18 inches. Therefore, sight lines were different. The Board generally agreed that a lilac bush by the alley should be removed to enhance vision. The meeting was adjourned. ______________________ _________________________ Dan Hanson, Secretary David RUsten, Chairperson Planning & Zoning Administrator