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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Brookings Planning Commission & Board of Adjustment Meeting, September 3, 2024

Meeting Portal — Tuesday, September 3, 2024

BodyBrookings, South Dakota

SessionMeeting Portal

DateTuesday, September 3, 2024

StatusFILED

Video Record

0:00 / 2:00:58

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:42

Okay, I've got 530, so we'll go ahead and call the meeting to order.

0:48

And I would like to welcome those in attendance at tonight's meeting.

0:52

The City Planning Commission is a nine-member commission whose function is to make recommendations to the city council regarding requests for land use classification changes, subdivision plats, conditional use permits, zoning ordinance amendments, and other matters.

1:06

The commission makes their recommendation based upon the adopted comprehensive plan for the physical development of the city of Brookings and the surrounding area.

1:14

As a matter of policy, all motions are made in the positive.

1:18

After a motion is moved and seconded, it is open for debate.

1:22

Those supporting the motion shall, in turn, give their reasons.

1:25

Those opposing the motion shall then offer their reasons.

1:28

After everyone has been given a chance to be heard, the commission shall review the testimony and information presented, make findings of fact, and forward their recommendation to the city council.

1:43

So move on to tonight's agenda.

1:45

Ryan, could you note the role for us?

1:48

Roll is noted.

1:51

Okay.

1:52

On to approval of tonight's agenda.

1:55

Uh can I get a motion for approval?

1:57

So move, so um.

2:00

Second.

2:01

Okay, we've got a motion and a second.

2:03

Any comments on that?

2:05

Okay.

2:05

Seeing none, all in favor, please signify by saying aye.

2:08

Aye.

2:09

Aye.

2:09

And all opposed.

2:13

Okay.

2:15

Move on to item three, the approval of last uh meeting's minutes.

2:19

Can I get a motion for approval?

2:23

So move, Limer.

2:27

Second.

2:28

Okay, we've got a motion and a second.

2:29

Any comments or discussion on the minutes?

2:32

Seeing none, all in favor, please signify by saying aye.

2:35

Aye.

2:36

Aye.

2:36

And all opposed.

2:40

All right.

2:42

We are now going to convene as the Board of Adjustment.

2:48

The Board of Adjustment is a seven-member board which has the power to hear requests for variances and special exceptions.

2:54

The concurring vote of two-thirds of the full membership is necessary for approval of any action by the board.

3:00

So a seven-member board requires five votes, six members still requires five votes, and five members would require five votes.

3:07

In accordance with Robert's rules of order, we require a motion to approve a request before the request can be debated.

3:14

As a matter of policy, all motions are made in the positive.

3:29

Financial disadvantage to the property owner shall not constitute proof of unnecessary hardship.

3:38

All right.

4:11

Ryan, could you introduce the topic for us?

4:15

Thank you, Mr.

4:16

Chair.

4:16

The first item is a variance requested by Todd Fergin at 815 Fifth Street.

4:23

This is a single family dwelling in a residence R2 two-family district.

4:28

The request is for a five-foot side yard setback, and the required side yard setback in the district is seven feet.

5:00

Unique circumstances apply to the property which do not apply to other properties in the same vicinity or district.

5:03

The variance is necessary for the preservation of a property right that is substantially the same as that possessed by owners of other property in the same district.

5:13

The variance requested is the minimum minimum variance, which would alleviate the hardship, and reasonable use of the property is not permitted under the terms of this chapter.

5:23

The first variance, as mentioned, is located at 815 Fifth Street.

5:26

It's the blue-shaded area, blue outland area on the map.

5:32

That's the existing um site with a single family home and a detached garage to the east.

5:38

The applicant like would like to demolish the detached garage and uh build an attached garage adjacent to the home.

5:47

The current detached garage has a five-foot side yard um setback, which would be allowed for detached garages.

5:55

However, the applicant would like to maintain the five-foot side yard setback with the new garage edition as an attached garage.

6:04

The Board of Adjustment has the following options: approve as presented, amend deny or table.

Discussion Breakdown — Share of Meeting

Future Land Use███████████████████████████27%

Conditional Use Permit█████████████████17%

Commercial Corridor Design█████████████████17%

Zoning Regulations██████████████14%

Planned Development District█████████9%

Municipal Code Management████4%

Procedural███3%

Historic Preservation██2%

Floodplain Management██2%

Summary of Proceedings

Brookings Planning Commission & Board of Adjustment Meeting, September 3, 2024

The Brookings Planning Commission convened first as the Board of Adjustment to hear four variance requests, then as the Planning Commission to discuss a rezone, amendments to zoning ordinances, and a future land use map update. All items were approved as recommended, with some amendments to the porch/deck ordinance and feedback recorded for the future land use discussion.

Public Comments & Testimony

Todd Fergen (applicant) spoke in support of his variance at 815 5th Street, explaining the proposed attached garage to improve property appearance and function.
George Halman, contractor, supported the Fergen variance, noting the difficulty of fitting a garage door within the smaller setback.
Scott Thompson (applicant for 102 Folsom Street) did not address the board; no public testimony was offered.
Daniel Rhody (applicant for 528 W 8th Street S) spoke in support, citing the need for a 14-foot sidewall height to accommodate a tractor, snowblower, and camper.
Lyle Pedwill, landscape architect representing Brookings Health System, spoke in support of the landscape/buffer yard variances, describing utility conflicts and proposed shrub plantings.
Linda Pierce (Lily Design) and Callan Blue Dorn spoke in support of the Prairie Hills rezone, noting that the drive-through lane was a contingency for their purchase and development.
No members of the public spoke in opposition to any item.

Discussion Items

Fergen Variance (815 5th Street): Request for a five-foot side setback for an attached garage (required: seven feet). Staff recommended approval. The board approved unanimously after a roll call (6-0).
Thompson Variance (102 Folsom Street): Request for a 17.5-foot front setback for a detached garage (required: 20 feet). Staff recommended approval. Commissioners noted the garage would match the existing house setback. Approved unanimously (7-0).
Rhody Variance (528 W 8th Street S): Request for a 14-foot sidewall height for a detached accessory building (allowed: 12 feet). Staff recommended approval. Approved unanimously (7-0).
Brookings Health System Variance (2311 Yorkshire Drive): Requests to waive required landscape buffer yards on the west and north sides and eliminate foundation plantings on the north side of Phase 1. Staff recommended approval. Board approved unanimously (7-0).
Rezone (6a): Petition to rezone Lot 2, Block 3B of Prairie Hills Addition from Planned Development with B-2A (office) underlying to B-2 (general business) underlying. The change would allow a drive-through lane previously eliminated. Staff recommended approval. Planning Commission approved unanimously (6-0).
Ordinance Amendments – Porches, Decks, Platforms (6b): Proposed amendments to Sec. 94-395 to allow front-yard porches/decks up to 10 feet from the home (not closer than 10 feet to the front lot line) and to add clarity on stairs. Commissioner Solum moved to amend subsection 5 to include ramps. The amendment passed 7-0, then the main motion as amended passed 7-0.
Ordinance Amendments – Commercial Corridor Overlay (6c): Amendments to Sec. 94-165 to enable administrative approval of site plans meeting all standards, reduce subjectivity, and rename the district. Staff recommended approval. Planning Commission approved unanimously (7-0).
Ordinance Amendments – Planned Development District (6d): Amendments to Sec. 94-163 to require PDDs within the commercial corridor to meet overlay standards at the initial development plan stage. Staff recommended approval. Planning Commission approved unanimously (7-0).
Future Land Use Map Discussion (6e): Staff presented six proposed changes along Main Avenue South from urban low/wetland to urban medium intensity. Commissioners discussed expanding the area to include adjacent parcels and seeking property owner input. No action was taken; staff will return with a public hearing.

Key Outcomes

Variances: All four variances were approved by the Board of Adjustment with at least five votes each (ranging 6-0 to 7-0).
Rezone (6a): Approved 6-0 (Commissioner Metcalf absent from roll call? Actually roll call shows 6 votes: Limmer, Jameson, Spear, Luddy, Solum, Aiken. Metcalf not on that roll call. The transcript says

Meeting Transcript

Okay, I've got 530, so we'll go ahead and call the meeting to order. And I would like to welcome those in attendance at tonight's meeting. The City Planning Commission is a nine-member commission whose function is to make recommendations to the city council regarding requests for land use classification changes, subdivision plats, conditional use permits, zoning ordinance amendments, and other matters. The commission makes their recommendation based upon the adopted comprehensive plan for the physical development of the city of Brookings and the surrounding area. As a matter of policy, all motions are made in the positive. After a motion is moved and seconded, it is open for debate. Those supporting the motion shall, in turn, give their reasons. Those opposing the motion shall then offer their reasons. After everyone has been given a chance to be heard, the commission shall review the testimony and information presented, make findings of fact, and forward their recommendation to the city council. So move on to tonight's agenda. Ryan, could you note the role for us? Roll is noted. Okay. On to approval of tonight's agenda. Uh can I get a motion for approval? So move, so um. Second. Okay, we've got a motion and a second. Any comments on that? Okay. Seeing none, all in favor, please signify by saying aye. Aye. Aye. And all opposed. Okay. Move on to item three, the approval of last uh meeting's minutes. Can I get a motion for approval? So move, Limer. Second. Okay, we've got a motion and a second. Any comments or discussion on the minutes? Seeing none, all in favor, please signify by saying aye. Aye. Aye. And all opposed. All right. We are now going to convene as the Board of Adjustment. The Board of Adjustment is a seven-member board which has the power to hear requests for variances and special exceptions. The concurring vote of two-thirds of the full membership is necessary for approval of any action by the board. So a seven-member board requires five votes, six members still requires five votes, and five members would require five votes. In accordance with Robert's rules of order, we require a motion to approve a request before the request can be debated. As a matter of policy, all motions are made in the positive. Financial disadvantage to the property owner shall not constitute proof of unnecessary hardship. All right. Ryan, could you introduce the topic for us? Thank you, Mr. Chair. The first item is a variance requested by Todd Fergin at 815 Fifth Street. This is a single family dwelling in a residence R2 two-family district. The request is for a five-foot side yard setback, and the required side yard setback in the district is seven feet.

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