City of Watertown, SD 2018 Board of Adjustment & Plan Commission Meetings, 4 Oct 2018

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From YouTube: Board of Adjustment Meeting 10 4 18

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Board of Adjustment Meeting agenda for October 4, 2018

A

Good afternoon everybody like to call to order the Thursday October 4th 2018 watertown Board of Adjustment meeting I get a roll call.

B

Darkus Johnson here Ford here, dolly here- let's key here Killeen here.

C

B

Hanson Stan, Stein and Kay's are absent. We have a quorum. Thank.

A

You Joe first item on the agenda: is the approval of the September 20th 2018 minutes? Can I get a motion.

A

Its Johnson, all in favor, opposed motion, passes item 2 on the agenda is the applicant for an appeal to the terms of the zoning ordinance Joe.

B

Owner applicant is Marvin and Kathy sobbing address of the parcel we're talking about is 165th Street North East, and this is a conditional use request, an appeal. The applicants seek approval for the construction of a compliant 1120 square foot addition onto an existing non-conforming 3,000 square foot non-residential building pursuant to 21 1004 2a, be contingent upon compliance with 2102 o2 to be 7 A through H, which is specific rules governing individual conditional uses and concurrently appeal, the terms of 2103 o2 regarding the alteration or enlargement of non-conforming non-conforming structures.

B

The board will also review the application for ongoing conditional use approval Apartments located in the C 3 highway commercial district pursuant to 2120 803 9 and contingent upon compliance with 21:02 o2 to b7 A through H. Again specific rules governing individual conditional uses the staff findings.

B

Currently, there exists a non-compliant circa, 1952, 3,000, square-foot, non-residential block, building on a substandard 13,000, 635 square foot, C 3 zone parcel and a non-compliant circle. 18:54 3,900 square foot for unit apartment building on a substandard ten thousand 302 square foot c3 zone parcel owner applicants seek to enlarge the non residential building first binding. The buildings and parcels together with a develop development lot agreement, thereby creating a compliant see-through zone, parcel with an accessory storage building to apartments.

B

Both conditional use is allowed in the c3 zone, if approved by the Board of Adjustment apartments, is a listed conditional use for the c3 Highway commercial district for 2120, 803, 9 and 421 1004 all conditional uses if a permit to construct an accessory structure is requested and such structure will be accessory to a primary structure or use previously granted a conditional use. The permit may only be issued as a conditional use by the Board of Adjustment. Only specifically authorized accessory uses are allowed.

B

No accessory shall be permitted in any district unless such use is specifically authorized by the ordinance no accessory use shall be deemed to be authorized by the ordinance unless such use is in fact subordinate to and on the same zoning lot with the principal use in conjunction with which it is maintained.

B

The applicant submitted the attached partial site plan which reflects or does not reflect the following requirements of the ordinance section. 21 Oh OH b7 A through H before any conditional use, shall be issued. The board shall make written findings certifying compliance with the specific rules governing individual condition conditional uses and the satisfactory provision and arrangement has been made according and concerning the following more applicable.

B

We talk about ingress and egress to the property and proposed structures thereon with particular reference to the automotive and pedestrian safety and convenience traffic flow and control and access in case of fire because hectic catastrophe, we talked about off street parking and loading areas were required, with particular attention to the economic noise glare or order odor effects of the conditional uses joining adjoining properties generally in the district, so in accordance with 2163 off street parking and loading requirements, the submitted site plan does not show the apartment house or its associated parking area, but there appears to be six possibly legal off street parking spaces to be counted.

B

A legal off street parking space must meet minimum size and location standards and allow the exit of a vehicle without moving another vehicle. Just let me come in a little bit closer here to this area. You can see the parking for the apartment building here and then we have refuse and service areas.

B

There is one commercial dumpster that sits in front of this building here and utilities should be looked at with reference to locations, availability and compatibility, screening and buffering with a reference to type dimension and character signage, if any proposed an exterior lighting with a reference to glare traffic safety, economic effect, incompatibility and harmony with harmony with properties in the district, and then we have required yards and open space, and this is where we say this is a conforming structure being connected to a non-conforming building, because the conforming the addition will be conforming with setbacks.

B

That will comply with the setbacks in the c3 zone. But obviously this building does not.

B

Then, basically, we've got general compatibility with adjacent properties and other properties in the district. The the storage was not addressed in the letter or any storage that may happen, but it will have to comply with chapter 20 165 and basically, we have the west side of the property does not comply with boulevard and infrastructure requirements. It's almost all used as driveway doesn't have curb gutter grass, it's just roll over driveway.

B

So that said, if application is endorsed, this Board may consider requiring fulfillment of any and all lacking our infrastructure requirements in conjunction with any structural improvements authorized by building permit.

A

Thank you, Joe I'd, like to open the public hearing. If anybody's here to speak on behalf or against, are the applicants here go ahead and come forward? If you could.

A

A jail as far as I, like one of my questions, I guess, was on the development lot agreement and I see that there is intention to form a development lot agreement between the two is: is that from square footage, standpoint or setbacks, or both setbacks.

D

And sorry I'm, jumping in and.

B

Aryan with requirements it makes this parcel now joined a compatible or a compliant c3 zone, parcel over twenty thousand square feet and over 100 feet in width, perfect.

A

So that the structure that exists there from a setback, standpoint of course, doesn't meet the current, but the the planned addition that they're adding on would meet all the required setbacks. Correct.

D

E

The apartment building addressed from the street to the south or is it from the street from Fifth Avenue or the cross? What's that B, Avenue or C? Yes,.

B

This is B Avenue and that's what this apartment house was addressed off of so.

E

Then it meets a setbacks from B Avenue right actually.

B

This has two front setbacks, both yeah, because it's the front is always determined by Street adjacent, but.

D

That was set by permit, so it's a legally conforming structure as it is set there or so.

B

Procedurally, why is this a conditional use, as opposed to a variance.

D

I'm gonna jump in it's, basically that used to be a business any longer does the business and it's just to tie that all together and make it all one parcel. The conditional use is just saying this is now going to become an accessory structure to the apartments, because that's where he stores his equipment and his plows and snowblowers and stuff like that plus his personal stuff.

D

C

Now that it would be all one parcel if you have to sell it as one parcel correct, so the storage and the apartment building would be all one parcel correct.

A

Jill had mentioned in the staff report about that dumpster in the front of the building. As far as screening goes, do you have any attention to do screening, that's one of the conditions that we typically look at, and situations like this and a buffer that.

F

Dumpster has not been used as from s and L pals to stone when I took it across the street. So I just said it there. It.

A

F

Been dumped for two years, so it's not being used.

G

So, are you planning to move it I can't.

F

G

Leave it there I.

F

Can't move it to the back of the bill.

G

There move it or screen it.

F

Well, I wouldn't screen to know I, just move it to the back of the building, I've offered it to Joyce, French and and and I, don't know if she still wants it or what, but it's I have no use for it. How.

C

Many apartments are in the apartment, building, there's four four and we have spaces for six yeah.

F

They're big, it's.

D

Four one-bedroom apartment, so we have two more parking spaces and we need okay.

E

Are you planning on reciting the whole building when, if you do the addition.

F

The apartment building, no.

E

I'm, sorry, the storage.

F

Building, no we'll just match the it's just us outside, and the building between the logs construction and the one we got is block and the rest of it. The front and back are metal.

F

E

It just looks like that plan there, like new siding, is going to be added to the whole thing. That's.

D

Just the one and the thing from there know how to show home, you say.

A

And I think Ken answered this earlier, but just to clarify the the new proposal would sit completely on that existing concrete pad that you have there adjacent to the building. Currently.

D

Actually is the driveway is all concrete, but the area where you're talking about the sitting, there's gravel right now yeah, but the driveway is not gonna, be any wider than the existing driveway is right.

A

Footprint I'll.

F

D

A probably more pavement or concrete for the thing to sit down yep.

A

Any other questions from the board I just.

G

Want to compliment you on the fact that here you've had several building permits for that you use them properly when you were making your additions and your changes. So thank you for doing that. Thank.

F

G

C

Does does hard surface in is that hard surface parking for the apartments? Also, yes,.

D

C

We don't necessarily need to have an issue with curb and gutter. Then there.

D

Is not knowing that's all pre-existing beside so on.

A

So you know additional questions, I'll go ahead and close the public hearing. Thank you ask for a motion from the board.

G

I'll move that we approve this conditional use application and asks that that dumpster be relocated. A.

A

Motion by Ford have a second I'll.

E

Second, that, but I would like to that if everybody else starts doing curb and gutter that that that he can't have the what's that word waiver.

G

Right to protest thank.

E

You waiver right to protest. Do.

A

You accept a friendly amendment here, I, surely.

G

D

Can I speak into that, though? Yes.

G

D

Mean typically, if it's a driveway, though you wouldn't tell somebody to take out their driveway and add curb and gutter, and that currently is driveway full with the crosser, except for maybe five feet so I'd be happy to add it in there. But you're only talking like a five foot section that might require it.

E

Is there urban cutter on the B Avenue part? Yes, sir, is okay.

A

So, did you want to amend your motion or leave the waiver read contest out? I would.

G

Propose that we leave the waiver of right to protest out given.

H

B

Update endeavour.

E

A

By bonnie any additional discussion, the.

H

Only thing that's nice about if there is a street project that would come through there, that would be adding curb and gutter is then to control access. So if there was a waiver of right to protest, then wherever the access points would be and how wide it would be, I don't know what is what it is existing, but that would be why that would be beneficial from an engineering standpoint.

B

It could be re-examined at the time of that happening. It could be written into the waiver of right to protest that the engineering department would reexamine necessary access.

C

With this all being one parcel- or we had all concerned about screening from the apartment building aspect to the to the garage again, this.

D

Not one, it's the same property you're screening from the neighbors that, from your cell.

C

From yourself, okay,.

A

We have a motion on the table without the waiver of right to protest.

E

Should we put it back in the way that they said it do the waiver of Rights for the engineering department to review at that time.

A

Our proposal to amend have a second on the amendment I.

G

Think it should be, however, is least cumbersome for the staff. It I really don't know what would be least cumbersome for the staff.

G

A

It's true, so do we have a second on the amendment seeing no ii will move on to vote on the original motion? Can we have a roll call vote? Please? Oh.

B

Let's key yes,.

C

B

Yes, Dargis Johnson, yes,.

C

B

C

B

Dolly, yes, motion passes.

A

Thank You Jill.

A

Item 3 on the agenda is open public comments, the middle- if anybody's here to speak to the board on a matter that was not talked about here today, it doesn't look like we have anybody else in the audience. So we'll move on to old business, I.

G

Have some old business I wonder if I've had a couple of people, ask me about some emotions that the Board took in the minutes aren't on the website yet and it was actually from August 9th, but I looked and I didn't see the minutes for April 5th, June, 7th, August, 9th or September 6 correct.

G

So if, if those could get on, that would be great yeah, because I can't answer those questions that I can't suggest to them that they go look. Thank you did.

A

You get all those dates: Jill, I.

B

Will review and get them? Okay.

A

Thank you very much. Thank you. I think we did have a question too from a procedural standpoint. I guess on the last topic from two weeks ago, set a time limit of 15 days, which I believe is tomorrow. Have we heard any additional feedback.

D

D

If it's gonna be under review, I'm not looking for a positive result on that. Okay.

A

We're just curious yep.

D

Yep I had a conversation with you, but I want to take it through for the channel before I go any further publicly and.

A

I'm sure you'll keep us informed absolutely.

D

Thank you, you'll, be the second to know.

A

Any additional old business seeing none I'll, take a motion to adjourn.

B

C

A

In a second all in favor, aye.

G

A

Passes. Thank you. Everybody.