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From YouTube: Board of Adjustment Meeting - 08-20-2020
Description
Board of Adjustment Meeting - 08-20-2020
C
C
C
D
F
G
B
G
C
B
Dergus
johnson,
here
ford
here
and
then
dolly
and
oletsky,
are
absent.
We
have
a
quorum.
G
G
B
B
B
So
this
is
the
property
that
we're
looking
at
here
on
the
corner
of
13th
and
17th
street
southeast
and,
like
I
said
so,
this
this
exists
as
contractor
shops.
Today.
What
the
applicant
is
proposing
is
to
have
the
north
portion
remain,
so
the
south
32
feet
of
this
existing
shop
will
be
converted
to
an
apartment
and
the
north
64
feet
will
remain
as
a
contractor
shop.
G
D
Chip
fire
marshall-
I
just
want
to
point
out
it's
a
living
quarters.
This
I
met
with
this
individual
today
and
I
looked
at
what
he's
doing
and
he's
it's
a
separate
shop
area
and
it
meets
it'll
meet
if
he
wants
to
do
this,
he'll
meet
all
the
fire
requirements
that
we're
putting
on
board-
and
this
is
a
this-
is
I've
had
other
questions
just
so
the
board
knows
there's
several
other
on
on
the
plate.
D
C
D
So
basically,
with
the
with
when
the
buildings
are
commercial
in
the
commercial
code,
the
ibc,
the
and
then
you
add
a
residence
to
it,
any
our
occupancy,
the
entire
building
has
to
be
sprinkled
and
then
what
we're
also
doing
is
we're
requiring
signage
on
the
door,
the
walk-in
door,
if
it's
a
residence
same
residence
and
then
it's
got
to
meet
all
the
fire
separation
smoke,
alarms
fire
alarm
and
things
like
that.
So.
D
Well,
that's
that's
a
question
though
this
one's
gonna
be.
I
guess
we
never
got
into
that,
but
the
ones
I've
talked
to
they're
two-bedroom,
but
they're.
There's
also
gonna
have
to
require
egress
window
installed
in
these
bedrooms
too.
So,
but
they've
been
this
one,
I
guess
the
ones
I've
talked
with
it's
up
in
the
air
one
or
two
bedrooms,
and
then
also
they
have
to
have
an
exit
door
that
can't
cannot
go
through
the
shop
area.
It
has
to
have
an
independent
exit
going
to
the
outside
for
egress
purposes.
D
Right,
well,
he
didn't
talk
about
this,
but
I
I
do
know
another
individual
that
we're
working
with
at
the
fire
department.
They're
talking
about
a
loft
area
in
these
in
these
units
and
they're.
D
Some
will
be
ground,
but
they
might
do
an
upper
floor,
but
it's
required
to
have
a
separation
with
sheetrock
from
smoke
and
other
things.
So
we
are
covering
covering
the
whole
gamut
of
fire
protection
through
the
ifc
and
the
ibc
code.
It's
it's!
It's
going
around
rapid
city
has
been
allowing
this
and
and
sioux
falls
also
has
a
few
of
them,
but
it's
just
something:
that's
coming
on
the
plate
and
it's
something
the
board's
got
to
think
about
make
decisions
on,
but
there's
more
to
come.
I'm
just
letting
you
know
that.
B
And
so
really
how
we
describe
them
in
our
ordinance.
We
have
apartments
as
the
conditional
use
for
the
c3
district
and
then
like
chip
said
it
should
be
called
living
quarters.
But
then,
when
you,
when
you
look
at
the
definition
of
apartments,
it
says
dwelling
unit.
So
then
it
covers
all
dwelling
units
basically
and
then
that
inconsistency
comes
with
the
language,
then
in
the
i1
of
the
caretaker's.
B
So
really
it
would
be
a
matter
and
we
could
probably
even
just
create
an
ordinance
and
have
the
all
those
limitations
spill
spelled
out
right
now,
though,
before
they
would
ever
be,
so
you
guys
would
be
determining
if
the
land
was
suitable
for
this
type
of
use
and
then
before
they
would
get
the
permit
for
the
actual
to
make
the
changes.
We
would
make
sure
that
it
was
following
code.
F
F
Yes
and
then
the
other
question
that
you
know
we
we
have
apartments
in
the
c3
district.
These
uses
here
that
are
in
the
c3
are
akin
to
probably
lighter
industrial
uses
in
the
e3
area.
If
we
were
to
kind
of
categorize
the
use
would
that
be
correct
statement.
F
I
know
I
understand,
but
if
by
looking
at
the
type
of
the
buildings
and
the
types
of
yes
they're
more
more
akin
to
an
industrial
type
of
use,
either
shop
warehouse
manufacturing
facility,
what
have
you
yep,
and
so
if
we
were
to
allow
this
apartment
to
be
there,
would
it
have
to
be
only
the
person
that
works
there
lives
there
or
could
they
turn
around
and
decide
to
rent
that
out
later
at
a
later
date
to
somebody
else.
B
I
think
that
you
know
the
caretaker's
residence
is
explicit,
that
it
is
somebody
that
that
owns
or
works
at
the
business,
the
apartment,
though
they
really
could.
But
you
know
that's
kind
of
getting
into
the
fact
that
we
need
occupancy
permits
and
changes
are
in
change
of
use.
F
Well,
that's,
my
point
is:
if
we
turn
around
and
this
gentleman
wants
to
live
in
the
home-
live
in
this
and
because
he's
working
there,
but
situations
change
three
months
six
months,
two
years
from
now
and
it
could
be
turned
into
you
know,
does
he
have
the
capability
of
getting
into
a
two-bedroom
apartment
because
we
don't
have
any
requirements
on
the
size
of
the
bedrooms?
Do
we?
A
F
Without
having
some
more
definitive
policy-
and
if
we
have
more
of
these
things
coming
before
us,
maybe
the
prudent
approach
would
be
to
take
a
look
back
and
figure
out
how
we
want
to
handle
this
as
opposed
to
opening
the
barn
door.
At
this
point,
just
just
my
thoughts.
B
I
think,
as
far
as
if
there
would
be
additional
rooms
added
to
right
now
he's
proposing
to
have
three
bedrooms
and
that's
just
and
he
didn't
even
expect
that
they
would
be
used
as
bedrooms,
because
you
can
use
a
room
for
whatever
really
function
you
want.
So,
but
if
they
were
coming
in
and
had
to
get
permits
for
any
remodeling
in
the
interior
or
whatnot,
we
could
maybe
check
it
or
track
it
that
way.
And
then,
if
they
weren't
meeting
the
off-street
parking
requirements
at
that
time.
F
I
think
this
this
situation
it
does,
but
I'm
looking
at
the
one
right
next
door
to
it
and
the
one
next
door
to
that
and
if
you
open
the
floodgate
the
other.
The
other
question
is:
is
the
with
a
one,
a
one
bedroom
apartment?
What's
the
maximum
number
of
individuals
by
family
that
can
be
living
in
there?
Is
it
three
unrelated
adults
yep?
F
So
so
two
bedrooms
could
theoretically
be
six
unrelated
adults,
and
so
those
are
those
are
the
bigger
questions
and,
while
I
think
yeah
there's
an
avenue
for
asking
permission
for
an
apartment,
I
don't
know
if
it's
it's
the
prudent
thing
to
do
without
actually
thinking
about
the
impact
of
the
poli,
the
lack
of
policy
and
the
type
of
use
for
this
type
of
a
structure.
B
I
think
that
beans
that,
like
you,
brought
up
the
point
of
that
it
was
zone
that
it
seems
light
industrial
in
nature.
Then
we
do
allow
a
caretaker's
residence
and
we
have
allowed
those.
So
it's
kind
of
you
know
it's
it's.
The
bigger
picture
than
of
what
you're
getting
at
is
that
what
we
should
really
be
looking
at.
F
Caretaker's
residence
would
connote
that
it's
somebody
that's
working.
D
Covered
in
in
the
ordinance
and
in
the
fire
code
and
the
building
code
on
what
the
building's
used
for
and
what
what
safety
precautions
are
required,
we
have
parking
requirements.
All
those
things
will
come
through
at
this
time
and
that's
why
I
think
we're
we're
okay,
not
having
a
direct
policy
for
this.
D
We've
got
the
stuff
in
the
ordinance
already,
because
we
have
a
policy
and
then
once
we
have
all
these
policies
and
we
change
the
ordinance
and
we
change
all
the
policies.
It's
a
lot
of
paperwork
and
a
lot
of
time
for
staff
to
try
to
keep
up
on
we're
just
trying
to
bless
the
ground
here.
This
guy,
this
person
owns
the
entire
building
and
he
wants
a
single
family
resident
that
he's
going
to
move
into.
H
B
Not
for
sure,
but
most
likely,
hopefully-
and
I
don't
know
if
they
so
even
if
just
for
the
building
permit
itself,
there
probably
was
a
waiver
of
rights
protest
that
should
have
been
caught
for
the
future.
Improvements
to
13th
is
what
brink
is
getting
out
there
if
it
would
ever
be
improved
to
be
curb
and
gutter,
and
but
if
it
was
for
the
contractor
shop
yeah,
they
would
have
also
came
in
for
conditional
use.
B
H
Don't
think
I
can,
I
just
know
when
we've
done
other
conditional
uses
on
properties
that
are
adjacent
to
streets
that
aren't
fully
developed.
We've
included
that
waiver
of
right
to
protest,
and
since
this
property
had
already
went
through
that
once
I
was
wondering
if
they
had
it
and
if
not,
maybe
we
should
at
least
consider
it
at
this
one.
E
I
guess
my
concern
of
going.
I
get
the
the
caretaker
residence
one
bedroom.
I
don't
necessarily
agree
with
the
option
to
have
three
or
four
bedrooms
in
a
situation
like
this.
E
If
we're
going
to
have
children
living
on
these
quarters,
instead
of
just
a
caretaker
now
you're
going
to
put
children
on
their
bikes
in
a
in
an
area
where
they're
not
used
to
seeing
children
or
looking
for
kids
playing
or
riding
bikes,
I
I
just,
I
think,
we're
I
get
one
resident
or
one
bedroom
units,
but
I
really
have
a
problem
with
multiple
bedroom
units
there.
If
you
have
one
guy
on
site,
snowstorm
situations
like
that.
I
understand
that,
but
making
these
into
living
quarters
is
a
bit
far
for
me.
I
guess.
G
F
Mr
chair,
this
is
case
again
again.
The
other
possible
issue
is
that
you
know
you're
talking
about
then
planting
a
residence
adjacent
to
an
I
e
district,
which
is
directly
across
the
street
and
the
you
know
again,
an
apartment
when
I
think
of
apartment,
I
think
of
a
you
know,
a
thing:
a
single
structure
with
one
or
more
dwelling
units,
and
so
I
find
this
to
be
more
of
a
caretaker's
residence,
more
of
a
single
family
aspect
to
it
joining
an
industrial
two
zone,
heavy
industrial
zone.
F
I
just
have
I
just
it's-
not
that
I
don't
want
to
say
yes
to
this.
I
think
we're
premature
without
looking
at
the
greater
impact.
B
I
think
in
looking
at
the
ordinance
too,
you
know,
caretakers
residences
are
typically
going
to
be
in
contractor
shops,
which
so
we
have
that's
the
conditional
use
of
the
three
of
the
c3
district.
But
then
we
have,
we
didn't
include
caretakers
residents
as
a
conditional
use
as
well,
which
an
i1
district
is
obviously
more
intrusive
than
c3.
B
So
I
don't
know
too,
and
this
map
might
be
able
to
chime
in
if
you
can
make
it
explicit
that
it's
an
apartment
for
that
has
to
be
owner,
occupied.
B
E
I
understand
that
but
they're
not
finding
entertainment
there
necessarily
and
again,
if
you
have
a
hired
hand
and
you
want
him
to
live
there,
I
don't
know
that
we
can
regulate
who's
going
to
live
there.
I
just
would
like
to
limit
the
number
of
bedrooms
when
that
person
is
a
family
man.
Maybe
then
it's
just
time
he's
not
living
in
a
caretaker's
residence.
I
guess
that's
the
only
way
to
control
not
having
a
family
living
there.
C
B
C
Can
you
restate
the
question
please.
C
Yeah,
I
guess
I've
been
off
the
top
of
my
head.
I
can't
think
of
any
reason
why
why
they
couldn't
add
that,
as
a
condition
to
the
approval.
G
I'm
gonna
push
back
just
a
little
bit,
but
mr
roby
play
the
devil's
advocate.
Here
I
mean:
isn't
the
conditional
use?
Isn't
the
purpose
to
bless
the
ground?
I
mean
we're
not
for
it
for
a
particular
purpose
I
mean.
Can
we
in
good
faith
then
say
that
well
you're,
you
can
do
it,
but
it's
only
one
apartment
interior
or
something
like
that.
Most
of
our
conditionals,
your
conditions
seem
to
be
sort
of
exterior
related.
F
C
B
I
I
just
if
I
could
just
interject
to
that
point
for
whatever
it's
worth.
I
get
the
commissioner's
point.
I
think
maybe
commissioner
case
pointed
that
out.
C
D
I
It
is
in
fact
zone
c3
though,
and
I
it
just
as
a
staff
recommendation.
I
think
we
need
to
focus
on
what
that
underlying
zoning
district
is
and
then
determine.
You
know
if
there
is
compatibility
not
by
referencing
other
zoning
districts
but
determine
if
there's
compatibility
on
the
uses
around
it
within
this
c3
district.
I
think
we
get
into
a
dangerous
discussion
when
we
start
comparing
it
to
the
other
zoning
districts,
which
this
one
is
not,
but
maybe
rather
focus
on
the
uses
around
the
c3
that
are
also
approved
or
conditional
uses
within
that
c3.
G
Thank
you,
heath.
My
concern
is
that
what
we
decide
today
is
likely
going
to
have
a
dramatic
impact
on
the
next
two
or
three
requests,
so
I
would
like
to
get
it
right
this
time
I
mean.
Is
the
board
inclined
to
do
this
as
a
general
premise?
That
would
be
the
question
I'd
pose
to
you
guys,
or
do
we
want
to
have
apartments
in
the
c3.
G
H
I'll
take
a
stab
at
the
motion,
a
motion
to
prove
the
use
of
apartments,
limiting
it
to
one
bedroom
and
also
requiring
a
waiver
right
to
protest.
Any
improvements
on
17th
avenue
or
13th
street.
H
F
C
E
C
Even
guess
I
like
it
whatever,
maybe
it's
a
group
of
otech
kids,
you
get,
you
know
I,
I
know
what
the
ordinance
is,
but
that
doesn't
mean
we
aren't
going
to
have.
You
know
four
vote.
Kids
living
in
there
may
not
be
what
we're
really
wanting.
I
just
I
I
think
with
liam
you
kind
of
want
to
get
it
right.
The
first
time.
G
D
G
Understand
apartment
is
perhaps
a
misnomer
and
the
word
we
should
be
using
as
living
quarters,
but
again
that
denotes
things
like
renting
it
out
or
it's
one
thing:
if
the
owner
lives
there
and
he's
using
it
to
or
the
owner
or
the
leasi
of
the
entire
property
is
living
there,
you
know
truck
driver
whatever.
It
is
somebody
that's
on
that
property,
but
it
seems
entirely
different.
When
we're
then
either
it's
potentially
a
commercial
leasing
issue,
and
then
you
end
up
with
this
whole.
G
Do
we
want
to
have
families
in
a
in
a
c-3
bordering
I-1
district
with
a
bunch
of
contractor
shops?
So
that's,
I
guess
that's
it.
Does
anybody
else
have
any
anything
else
to
add.
H
Not
to
go
down
the
rabbit
hole,
but
when
I
look
at
the
definition
for
caretakers
residents
in
the
definition
it
says
no
home
occupations
will
be
allowed.
I
mean
if
if
this
were
to
be
a
caretaker's
residence
which
it
can't
as
in
a
c3,
but
would
that
not
be
allowed
anyway,
because
they're
they
have
a
home
occupation
or
is
it
would
not
be
considered
a
home
occupation
as
contractor
shops.
C
So
this
is
phil
spire
from
dial
in
here
go
ahead.
C
So,
looking
at
the
ordinance
for
c3,
there
are
allowances
in
the
language
for
conditional
uses
that
are
apartments,
single-family,
residential
multi-family
residential.
C
So
some
of
the
arguments
to
my
hearing
about
concerns,
for
you,
know
the
nature
of
use
the
wording
it
for
the
application
was
caretaker,
which
is
a
misapplication
for
the
zoning
being
a
c3.
However
c3
conditional
uses,
as
codified,
allow
for
some
of
the
you
know,
things
that
are
being
expressed
as
concerns.
G
Thank
you,
commissioner.
I
guess
my
point
is
that
this
particular
area
is
not
conducive
to
people
living
there.
This
doesn't
seem
like
it
makes
sense.
I
could
foresee
a
situation
in
which
a
c3
area
would
make
sense
for
a
caretaker's
residence
or
apartments,
but
this
one
just
doesn't
seem
like
it
makes
sense,
anyways
further
discussion.
H
B
H
B
H
E
B
B
C
B
Okay,
thank
you
liam.
So
this
application
was
submitted,
and
here
let
me
get
this
stuff
pulled
up
for
you.
Guys.
Application
was
submitted
to
construct
a
detached
garage,
conforming
to
the
required
setbacks
and
requirements
of
the
district
which
is
zone
r1,
single-family
residential,
but
it's
they're,
proposing
12-foot
sidewalls
when
the
maximum
sidewall
height
for
the
accessory
structure
in
the
r1
district
is
10
foot
2
inches.
So
that's
the
variance
request,
they'll
conform
to
all
other
requirements
of
the
ordinance.
G
H
This
property
shows
a
second
driveway
and
curb
cut.
Does
the
engineering
staff
have
any
issues
with
a
second
curb
cut
at
this
location.
B
I
G
A
A
F
While
you're
doing
that
brandy,
mr
gable,
have
you
talked
to
your
neighbors
to
the
west
and
to
the
south
if
they
have
any
issues
with
the
proposed
height
of
your
structure,.
A
No,
they
don't.
We've
met
the
neighbors
and
certified
letters
were
sent
to
all
of
the
neighbors.
A
A
A
G
Got
it,
we
got
it
in
the
record
that
the
neighbors
were
notified
with
that
with
that
I'll
close
the
public
hearing.
C
G
Go
fire
I'll,
second,
that
second
by
brink
you're
a
little
slow
bill.
Any
further
discussion.