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From YouTube: BOA Meeting 2 22 2018
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C
A
B
B
Pursuant
to
zoning
ordinance,
section
21,
2803,
3,
bar
or
tavern
applicant
seeks
conditional
use
approval
for
this
premises
located
in
the
c
3
highway
commercial
district
to
be
eligible
for
alcoholic
beverage
license
which
may
include
video
lottery
contingent
upon
compliance
with
section,
2,
2.0,
102
location,
specific
rules
governing
individual
conditional
conditional
uses,
including,
but
not
limited
to
section
21,
Oh
OH
to
be
7
A
through
H
and
any
other
ordinance
regulations
that
may
apply
borrower.
Tavern
is
a
list
of
conditional
use
for
the
C
theory,
highway
commitment,
commercial
district,
421,
2803
3.
B
Applicants
recently
purchased
the
direct
motor
in
and
zoom
zoom
room
bar
and
grill.
It's
been
out
of
operation
for
more
than
one
year,
so
they
seek
approval
for
this
serving
in
consumption
of
alcoholic
beverages
and
operation
of
video
lottery
machines.
On
this
premises,
they
will
run
the
facility
much
the
same
as
previous
management.
Long
and
short-term
stay
Motel
banquet
room
bar
restaurant
video
lottery
room
in
courtyard.
If
approved,
they
will
apply
to
the
City
Council
for
alcoholic
beverage
licenses
with
video
lottery.
B
B
Section
21,
o
o
to
be
7a
through
H,
is
specific
rules
governing
individual
conditional
uses.
This
requires
the
board
to
consider
such
things
as
ingress,
egress
to
the
property
off
street
parking
loading,
screening,
buffering,
signage,
exterior
lighting
required
yards
and
open
space
and
general
compatibility
with
the
area.
B
Location,
section,
2.0
102
will
not
apply
to
this
application
as
it
is
Zone,
C,
3
and
so
2.0
102,
the
location,
the
radius
that
we
use
that
we
sometimes
look
into
no
longer
applies
to
this
property
chapter
20,
163
off
street
parking
and
loading
requirements
and
engineering
design
standards.
The
site
plan
shows
124
parking
spaces.
95
are
off
street
parking
spaces,
and
this
includes
the
least
area
which
is
up
here
and
29
of
those
are
Boulevard
or
odd.
Street
spaces,
chapter
21,
65,
outside
storage
and
display
requirements
for
specific
uses.
B
Neither
outside
displays
of
merchandise
nor
outside
storage
were
addressed
in
this
application.
I,
don't
believe
there
really
will
be
any
chapter.
21
73
is
landscape
and
lighting
standards.
Adequate
screening
of
a
parking
lot
from
adjacent
residential
II
used
properties
shall
be
provided
for
21.
Seven
304
dumpsters
are
not
screened
and
there
are
no
trees
on
this
parcel.
The
minimum
number
of
trees
to
be
located
on
the
development
site
or
lot
shall
be
one
tree
per
50
feet
of
frontage.
According
to
the
ordinance
titles,
5
18
and
21
apply
our
concerning
sidewalk
trail
curb
and
gutter.
B
The
proposed
parcel
lacks
basic
and
infrastructure,
curb
gutter
sidewalk
trail,
mainly
due
to
utilizing
Boulevard
for
parking
for
many
many
years.
This
board
must
determine
if
satisfactory
provision
and
arrangement
has
been
made
concerning
section
2100
202
to
be
7
A
through
H.
In
the
chapters
and
titles
mentioned
this
parcel
act,
standard,
Boulevard
and
infrastructure
grass,
trees,
sidewalk
trail
curb
gutter
requirements
from
which
the
property
has
never
received
variances.
If
application
is
endorsed,
this
board
may
consider
conditions
of
approval
such
as
fulfillment
of
any
are
all
lacking.
Boulevard
infrastructure
requirements,
and/or
any
other
conditions.
D
D
Ran
their
business
over
there
you
know
there
was.
There
was
issues
with
various
garbage
and
paraphernalia
outside
of
the
buildings,
and
you
know
anytime,
there's
alcohol
being
used
and
I
wasn't
sure
if
it
was
typical,
if
they
were
looking
at
long
term,
rental
stays
there
or
if
they
were
opening
a
restaurant
or
a
bar
or
what
the
intent
was.
So
that's
really
what
I'm
here
to
hear
to
listen?
Okay,.
A
E
C
C
F
H
F
A
C
C
B
I
I
You're
gonna
recommend
the
Cree
stuff
make
sure
you
put
a
contingent
upon
approval
by
a
chain
of
myself
yeah
because
I'm
having
a
feeling
they
might
get
one
or
two
trees
on
there,
that
don't
conflict
with
everything
else.
Existing
grabbers
and
all
that
stuff
doesn't
count.
So
if
that's
what
you
want,
please
make
it
I.
J
J
Clarity,
I
would
also
be
for
my
decision.
I
would
consult
with
the
d-o-t
to
make
sure
that
they're
not
concerned,
because
what
I
might
my
base
concern
would
be
is
if
you're
on
7th
Avenue
and
you're
looking
to
the
north
on
highway
81,
given
the
geometry
of
the
intersection,
you
might
not
want
to
restrict
the
visibility
of
the
oncoming
traffic,
so
those
folks
can
make
the
right
decision
this
one
to
safe
the
plow.
So
we
would
have
that
discussion
if
we
wanted
to
pursuit
trees.
A
A
B
F
H
F
L
D
L
D
L
L
Or
whatever
and
I
wouldn't
see
a
problem
with
us,
putting
some
concrete
pieces
there
for
your
parking
there
so
that
no
one
would
drive
through.
We
totally
understand
the
whole
driving
through
the
parking
lot
thing
with
what's
going
on
because
it's
not
vacant,
we
have
a
huge
highway
problem,
not
any
motion
through
there
right.
L
D
L
L
L
A
N
A
E
B
This
is
I
mean
you
can
just
approve
it
as
is
or
you
could
approve
it
with
a
couple
of
trees
according
to
staff
direction
in
that
Boulevard,
if
it
warrants
South
Dakota
to
do
T
approval
or
you
can
you
there,
there
isn't
a
variance
here,
they're,
not
they're,
not
asking
for
variances.
So
it's
just
when
we
look
at
that's
the
time
that
the
door
is
open
to
fulfill
some
unfulfilled
requirements.
If
you
want
to.
N
N
G
A
A
A
B
Okay,
the
owner
applicant
and
this
application
is
sander
and
Geoff's
Tatem
pursuant
to
toning
ordinance,
section
21:02,
a
2
1
C
and
section
21,
o
o
2
D.
The
applicant
appeals
the
building
officials
ordered
to
remove
structures
constructed
without
permits
seeking
boards
reversal
of
that
decision,
along
with
approval
of
the
unlawful
modifications,
which
are
a
roofed
porch
addition
and
screen
fence
for
which
permits
for
expansion
must
be
approved
and
permitted
prior
to
construction
by
the
Board
of
Adjustment,
/,
21,
1804
and
21
1603.
For
let
me
just
bring
this
up.
B
Approval
is
contingent
contingent
upon
compliance
with
specific
rules
governing
individual
conditional
uses,
including,
but
not
limited
to
section
21,
o
o
b7
A
through
H,
and
any
other
ordinance
regulations
that
may
apply
concurrently.
The
application
seeks
variance
relief
from
the
following
section:
21
Oh
302
prohibits
the
alteration
modification
and/or
enlargement
of
non-conforming
structures,
I'm,
going
to
give
you
a
little
bit
of
a
background
on
this.
B
The
definition
of
neighbourhood
retail
establishment
is
different
than
the
definition
of
retail
establishment
and
I
will
get
to
those
definitions.
But
neighborhood
retail
establishments,
as
defined
by
ordinance,
is
a
listed
permitted
for
conditional
use
in
the
R
R,
a
R
3
and
C
2
districts,
while
retail
establishments,
as
defined
by
ordinance,
is
neither
a
listed
permitted
nor
conditional
use
in
the
R
2
a
single-family
attached
residential
district,
the
house
of
dreams
is
a
retail
establishment
in
the
art,
a
single-family
attached
residential
district.
B
Now
the
difference
in
the
definitions-
just
just
for
your
knowledge,
is
that
a
retail
establishment
is
this
is
an
establishment
engaged
in
selling
products,
goods
or
merchandise
to
the
general
public.
That's
the
key
there
for
personal
or
household
consumption
and
establishments
engaged
in
providing
services
or
entertainment
to
the
general
public,
including
convenience
stores,
petroleum
sales,
repair
shops,
indoor,
amusement
copying,
service,
health,
professional
education,
social
services
and
other
miscellaneous
services.
B
While
the
definition
of
neighbourhood
retail
establishment
is
a
general,
is
a
generally
recognized
retail
business
which
supplies
commodities
on
the
premises
for
persons
residing
in
adjacent
or
residential
areas
such
as,
but
not
limited
to
groceries,
meats,
dairy
products
baked
goods
or
other
goods
foods.
Drugs,
dry,
goods,
clothing
notions
are
hardware.
B
B
Which
reflects
or
does
not
reflect
the
following
requirements
of
the
ordinance
again
section
20
102
to
b7
A
through
H.
The
specific
rules
governing
individual
can
do
conditional
uses
which
require
just
requires
the
board's
consideration
of
ingress
and
egress
to
the
property
off
street
parking
and
loading
screening,
buffering,
signage,
exterior
lighting
required
yards
and
open
space
and
general
compatibility.
B
Signing
and
parking
were
not
addressed
in
the
application
chapter.
Twenty
one
sixty
three
off
street
parking
and
loading
requirements
and
engineering
design
standards.
The
alley
is
used
to
access
customer
parking
paving
of
the
alley
may
be
considered
as
condition
of
a
conditional
use
permit
chapter
twenty
one,
sixty
five
outside
storage
and
display
requirements
for
specific
uses.
Neither
outside
displays
of
merchandise
nor
outside
storage,
were
addressed
in
the
application
that
is
governed
by
section
twenty
one,
6502
of
the
ordinance
chapter,
twenty
one:
seventy
three
landscape
and
lighting
standards.
B
There
is
adequate
or
adequate
screening
of
a
parking
lot
from
adjacent
residential
use.
Residential
e
used
property
shall
be
provided
for
section
twenty
one,
seven
304
dumpsters
are
not
screened,
and
there
is
one
tree
in
the
front
yard
at
this
time,
where
the
minimum
number
of
trees
to
be
located
on
the
development
site
shall
be
one
tree
per
50
foot
of
frontage
titles,
five,
eighteen,
twenty
one
sidewalk
trail
curb
and
gutter.
The
property
is
compliant.
B
This
board
must
determine
if
satisfactory
provision
and
arrangement
has
been
made
concerning
section
21,
o
202,
to
be
six
A
through
H
and
chapters
and
titles
described.
This
parcel
lacks
standard
Boulevard
requirements.
If
application
is
endorsed,
this
board
may
consider
requiring
fulfillment
fulfillment.
L
B
B
L
A
A
B
A
B
B
Talking
about
here,
there
was
just
some
some
fence
put
up
over
here
to
make
a
more
private
courtyard,
and
the
thing
is
is
because
there's
parking
allowed
here
and
a
sidewalk
coming
through
here
for
walk
pedestrians
according
to
our
ordinance,
they
needed
to
either
hold
that
fence
down
to
three
feet
or
cut
it
kitty
corner
here
and
instead
it
was
drawn
across
and
over,
and
so
the
building
official
and
inspector
did
instruct
them
to
to
do
it
differently.
That's.
C
A
K
D
N
O
A
O
O
A
O
O
I
said
no
I
wouldn't
be
in
turn.
The
fence
that
I
had
put
up
already
I
would
take
around
the
front
of
the
property
when
Kenny
showed
up.
When
we
were
deciding
on
how
tall
we
could
go
with
the
fence
that
I
tore
down,
and
at
that
time
I
asked
Kenny
I
put
the
fence
to
the
front.
He
told
me
that
I
had
to
sit
stay.
At
least
one
foot
away
from
the
sidewalk
for.
O
A
O
I
Was
I
met
with
him
on
site
and
I
explained
the
15-foot
clear,
very
triangle
at
that
time,
but
the
permit
didn't
even
go
to
that
portion
of
the
area
if
they
would
have
come
and
got
the
permit
that
was
required,
who
had
been
spelled
out.
There
very
clearly
is
exactly
what
it
was
with
no
misconception,
but
there
wasn't
even
permit
for
that
offense
thing
that
went
up
there.
That's.
O
Old
fence
down
to
move
out
front
I
had
to
reconstruct
that
fence
in
order
to
make
it
work
that
come
from
the
factory
that
I
had
to
tear
apart,
rebuild
and
whatnot
to
make
it
all
fit
him
to
where
it's
going
and
I'm
asking
you
if
I
could
leave
the
fence
the
way
it
is
because
we
want
that
courtyard,
so
people
cannot
jump
over
the
sidewalk
and
come
in
we're
gonna.
Have
things
displayed
there?
Well,.
A
A
M
A
O
A
O
B
C
B
A
F
That
you're
gonna
put
in
this
courtroom
up
their
part
yard.
Couldn't
those
be
moved
to
the
back
courtyard
where
you've
already
got
the
fence,
and
you
know
I,
don't
I
I
kind
of
see,
maybe
having
the
screening
to
the
to
the
neighbor
to
the
north
out.
You
know
quite
a
ways
just
for
their
own
privacy,
but
I
really
am
having
an
issue
with
an
eight,
a
six-foot
fence
in
front
of
that
I
mean
it
I
think
that
needs
to
be
at
least
a
three
foot
and
the
items
that
you
want
to
display
in
there
Jeff.
F
Can
you
put
them
to
the
backside?
You
know
behind
that
house.
You've
got
all
of
that
already
kind
of
enclosed.
You
can't
see
it
from
the
highway
anyway.
So
you're,
not
you
know
no
one's
doing
that
the
neck
turn
and
to
see
what
you've
got
hidden
behind
there,
because
we
can't
see
it
so
to
say
that
that's
where
you
need
to
display
those
outdoor
items
couldn't
they
be
moved
to
the
backside
where
it's
already
enclosed
well,.
O
M
F
Everybody
building
fortresses
around
town
and-
and
that
is
the
ordinance
to
not
have
you
know
a
six-foot
fence,
I
understand
what
you're
saying
you
want
to
do
it,
but
you
know
so
that
you
don't
have
theft
and
those
types
of
things
going
on,
but
I
think
it's
just.
It
doesn't
I
think
your
buildings
are
beautiful
and
I
think
that
that
actually
takes
away
from
you
know
what
you've
done
there
to
have
that
all
hidden
behind
a
big
fence.
If
there's
any
way
that
that
stuff
to.
K
A
A
G
A
E
I
I
A
little
bit
you
can
see
the
red
line
on
there.
That
was
the
only
fencing
that
was
discussed
or
allowed
at
the
permitting
of
the
previous
time,
and
then
there's
just
a
section
in
there
about.
You
know:
15
20
feet
that
we
elevated
to
9-foot
to
buffer
the
guy's
backyard
from
this,
and
that
was
the
thing
that
the
board
asked
me
to
go
out
and
verify
field
verifying
that
both
parties
were
happy
with
what
that
was
done.
That
was
the
end
of
the
fencing.
Then
they
went
and
added
the
fence
across
the
front
that.
E
A
O
M
G
I
mean
I'm
personally,
not
not
in
favor
of
allowing
it
simply
from
the
fact
that
we've
had
this
discussion
in
the
past.
We've
ran
into
these
same
issues
in
the
past,
and
we
have
these
rules
in
place
for
a
reason,
as
a
community
and
I
think
it
sets
a
terrible
precedent
if
we
do
move
forward
in
that
direction.
J
Since
that's
do
teas
highway,
they
have
jurisdiction
over
driveway
entrances.
Primarily
I
would
recommend
that
that
be
considered.
However,
if
there's
no
place
to
go
in
the
driveway,
it
would
be
best
if
they
did
eliminate
that,
because
the
perception
that
you
can't
pull
in
there
goes
away,
so
it
would
be
recommended
again.
The
do
TS
final
say
on
on
the
elimination
of
a
driveway.
A
A
See
no
motion
to
reverse
the
building
of
crystals
decision.
The
building
officials
decision
will
stand
as
ruled
and
mr.
Stalin
you'll
have
to
work
with
Ken
to
decide
how
to.
If
you
need
to
tear
that
fence
down
or
if
you
can
block
off
that
driveway
to
keep
it
keep
the
fence
as
is,
but
the
canopy
will
have
to
come
down.