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BOARD OF ADJUSTMENT November 10, 2022 CA

BOARD OF ADJUSTMENT November 10, 2022 CALL TO ORDER Chairperson Bode called the meeting of the Davison County Board of Adjustment to order at 9:15 a.m. All members of the Board were present. Also present were Planning & Zoning Administrator Bathke, Assistant Administrator Wegleitner and Auditor Kiepke. APPROVE AGENDA Motion by Claggett, second by Reider to approve the amended agenda for the November 10, 2022, meeting. All members voted aye. Motion carried. APPROVE MINUTES Motion by Claggett, second by Kiner, to approve the minutes of the October 11, 2022, meeting. All members voted aye. Motion carried. PUBLIC INPUT Chairperson Bode called for public input. She reminded the public that this was for items not on the agenda. Hearing none, the meeting continued. VARIANCES The Planning Commission recommended granting 5-0-2 with revisions. The original request was as follows: a variance in minimum setback of +/- 55’, creating a setback of +/- 20’ from the proposed shelterbelt on the west property line shared with abutting neighbor, a variance in minimum setback of +/- 62’, creating a setback of +/- 13’ from the proposed shelterbelt on the west property line of Jeff Clark’s residence, a variance in minimum setback of +/- 35’, creating a setback of +/- 40’ from the proposed shelterbelt on the south property line, a variance in minimum setback of +/- 35’, creating a setback of +/- 40’ from the proposed shelterbelt on the east property line shared with abutting neighbor, a variance in minimum setback of +/- 15’, creating a setback of +/- 60’ from the proposed shelterbelt on the east property line of Jeff Clark’s residence, where the minimum setback is 75’ in the Ag District. Motion by Reider, second by Claggett, after consideration of Section 1206 (b) to grant the variances as proposed by the Planning Commission as follows: a variance in minimum setback of +/- 55’, creating a setback of +/- 20’ from the proposed shelterbelt on the west property line shared with abutting neighbor, a variance in minimum setback of +/- 62’, creating a setback of +/- 13’ from the proposed shelterbelt on the west property line of Jeff Clark’s residence, a variance in minimum setback of +/- 25’ creating a setback of +/- 50’ from the proposed shelterbelt on the east property line of Jeff Clark’s residence, where the minimum setback is 75’ in the Ag District, as requested by Jeff Clark. This request is pursuant to Section 215, 1106(b) & 1206(b) of the Davison County Zoning Ordinance as adopted on 4/1/98 and as subsequently amended. The property is legally described as Lot C of Earls Subdivision in the NW ¼ of Section 27, T 103 N, R 62 W of the 5th P.M., Davison County, South Dakota. Application received October 12, 2022 Daily Republic October 29, 2022 Posted October 21, 2022 Notified Applicant October 20, 2022 Notified Abutting Property Owners October 20, 2022 Consideration of 1206 B. Variances Roll call vote: Claggett – aye, Reider – aye, Blaalid – aye, Kiner – aye, Bode – aye. Motion carried. The Planning Commission recommended granting 4-0-2 with one abstention with revisions: reduce number of rows from 3 to 2 which would eliminate the variance of +/- 55’, creating a setback of +/- 20’ and +/- 31’, creating a setback of +/- 44’ both on north property line, a variance in minimum setback of +/- 40’, creating a setback of +/- 35’ from the proposed shelterbelt on the south property line. Motion by Reider, second by Kiner, after consideration of Section 1206 B Variances, to grant the following as originally designed, a variance in minimum setback of +/- 40’, creating a setback of +/- 35’ from the proposed shelterbelt on the west property line, a variance in minimum setback of +/- 55’, creating a setback of +/- 20’ from the proposed shelterbelt on the north property line shared with abutting neighbor, a variance in minimum setback of +/- 31’, creating a setback of +/- 44’ from the proposed shelterbelt on the north property line of the Johnson’s residence, a variance in minimum setback of +/- 40’, creating a setback of +/- 35’ from the proposed shelterbelt on the south property line, where the minimum setback is 75’ in the Ag District, as requested by Mark & Mikayla Johnson. This request is pursuant to Section 215, 1106(b) & 1206(b) of the Davison County Zoning Ordinance as adopted on 4/1/98 and as subsequently amended. The property is legally described as Lot 3 of Mirkys Addition in the SE ¼ of Section 11, T 102 N, R 60 W of the 5th P.M., Davison County, South Dakota. Application received October 14, 2022 Daily Republic October 29, 2022 Posted October 21, 2022 Notified Applicant October 20, 2022 Notified Abutting Property Owners October 20, 2022 Consideration of 1206 B. Variances Roll call vote: Reider – aye, Blaalid – aye, Claggett – aye, Kiner – aye, Bode – aye. Motion carried. ADJOURN At 10:09 a.m., motion by Claggett, second by Blaalid to adjourn Board of Adjustment. All members voted aye. Motion carried. ATTEST Susan Kiepke, Auditor Brenda Bode, Chairperson Published 1 time at the total approximate cost of $50.62 and may be viewed free of charge at www.sdpublicnotices.com. (Nov. 23, 2022) 123838