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Record of Proceedings

Brookings Planning Commission Meeting: Variances, Rezones, and Cannabis Regulations - July 1, 2025

Meeting Portal — Tuesday, July 1, 2025

BodyBrookings, South Dakota

SessionMeeting Portal

DateTuesday, July 1, 2025

StatusFILED

Video Record

0:00 / 1:48:17

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

0:46

Okay, I'm gonna call this meeting to order.

0:49

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

0:52

Um we'll start with the board of adjustment the board of adjustment, a seven-member board, which has the power to hear requests for variances and special exceptions.

1:01

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

1:08

A seven-member board requires five votes, a six-member board requires five votes, and a five-member board requires five votes.

1:15

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

1:21

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

1:25

The board under specific powers granted to it by the state shall authorize variances from the zoning requirements where special conditions existing on the land will result in unnecessary hardship for the applicant.

1:38

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

1:45

Uh with that, Ryan, can you call the roll?

1:48

Roll as noted with Commissioner Letty missing.

1:53

All right.

1:57

So moved.

1:59

Second.

2:00

So any comments or additions to the agenda.

2:05

Seeing none, all in favor.

2:07

Signify saying aye.

2:08

All opposed.

2:11

Next item on the agenda is approval of June meeting minutes.

2:14

Can I get a motion?

2:17

So moved, taken.

2:19

Second.

2:22

Any comments on the minutes?

2:24

All in favor signify by saying aye.

2:27

Aye.

2:27

Aye.

2:30

All right.

2:31

Uh the first item tonight uh for the Board of Adjustment.

2:37

Item 4A.

2:43

South Dakota State University Foundation has made a request for a variances on the South 58 feet of lot two, block two Orchard Drive edition, also known as 217 Medairy Avenue South.

2:56

The first request is to build a single family dwelling on a 58-foot wide lot.

3:02

The minimum lot width in the residence R1B single family district is 7875 feet.

3:16

Ryan, can you introduce the topic for us?

3:19

Thank you, Mr.

3:20

Chair.

3:20

The first item on the agenda is a variance at 217 Maderi Avenue South.

3:25

The applicant is the owner of the properties, the South Dakota State University Foundation.

3:30

Location again is 217 Medairy Avenue South, which is located in a residential R1B single family district.

3:57

And the lot only has 58 feet.

4:06

Staff does recommend approval of the variance, and the Board of Adjustments action tonight would be to approve or deny.

5:01

Um for a potential house to be moved on to the lot from another location.

5:07

Um it does show that a house could be uh placed on this lot with all the setbacks being met with the also with room for you know driveway access and potential um garages in the future.

5:19

But um right now the request is just for the um variances for the lot width and the lot area.

5:26

And with that, staff would stand for any questions.

5:29

All right, thank you, Ryan.

5:31

With that, I'll entertain a motion for approval.

5:38

I'll move to approve solo second, Jameson.

5:47

Okay, we have a motion and a second.

5:50

Uh at this time we'll entertain uh public testimony.

5:53

If the applicant is present, they are welcome to speak on this issue as well.

6:05

Um testimony in favor or opposition, we will open it.

6:10

Uh go ahead, ma'am.

6:13

Is this two?

6:14

I'm sorry, I just came in.

6:14

Is this 215 Maderi Avenue South?

6:17

217.

6:18

217.

6:19

And if you wouldn't mind using the mic and also identifying yourself and and where you reside.

6:23

And just to clarify, uh this is the one where the SCSU foundation wants to move the house from 820.

6:30

Perfect.

Discussion Breakdown — Share of Meeting

Zoning Regulations█████████████████████████████████████████████69%

Parks and Recreation███████10%

Historic Preservation███5%

Public Engagement███4%

Cannabis Regulation███4%

Procedural█2%

Parking Requirements█2%

Floodplain Management█2%

Public Transportation█1%

Summary of Proceedings

Brookings Planning Commission Meeting: Variances, Rezones, and Cannabis Regulations - July 1, 2025

The Brookings Planning Commission met on July 1, 2025, at 5:30 PM in the Chambers Room of the Brookings City & County Government Center. The meeting included actions by the Board of Adjustment for three variance requests, followed by planning commission recommendations on multiple rezoning petitions, a preliminary plat, a future land use map amendment, and an ordinance amendment regarding cannabis dispensaries. Public testimony was heard on several items, particularly the civic district rezone.

Consent Calendar

The agenda was approved unanimously.
The minutes from the June 3, 2025 meeting were approved unanimously.

Public Comments & Testimony

Janet Merriman (Assistant Chair, Brookings Historic Preservation Commission) spoke in support of the variance at 217 Medary Avenue South, noting the house to be moved is a contributing structure in the University Historic District and that the move would preserve the structure within the city.
Doris Schumacher (628 Fifth Avenue) expressed concern about the fence height variance at 629 6th Avenue, citing the historic district, the number of rentals in the area, and potential noise and safety issues.
Ben Stout (applicant, 1003 Third Street) clarified his intent to rent the property to a family and noted the fence would provide privacy from alley traffic.
Al Austri (928 Yosemite Lane) questioned the civic district rezone, asking why parks are included, why a dedicated park zoning wasn't created, and what danger exists with current zoning. He also asked about the city's role in changing state law regarding parkland disposal.
Rebecca Schmiding (1133 Indian Hills Road) asked what the benefit of the rezoning is and how it would affect her neighborhood and homeowners association.
Jeff Jury (2004 Rio Grande) asked for parks to be removed from the rezone to protect green space for children.
Johnny Einsparr (1127 Copper Mountain Road) expressed concern that the city might stop maintaining a detention pond adjacent to his neighborhood if rezoned.
Doug Osbram (216 Mustang Pass) stated that Brookings is known for its parks and that zoning based on ownership rather than use seems backwards. He noted that state law now allows parkland to be changed by city ordinance instead of requiring a public vote.
Mike McClemens (613 Cypress Point Circle) asked for more information on the intent of the civic rezone, noting he donated land for a bike path and a park.
Justin Roosh (2701 Sweet Grass Drive) asked about property 28 (a conservation easement) and whether rezoning to civic would allow the city to sell it without a vote.

Discussion Items

Variance – 217 Medary Avenue South (Item 4A): The South Dakota State University Foundation requested variances for lot area (58 feet wide vs. 75 feet minimum) and lot width to move a single-family dwelling onto the lot. Staff recommended approval. The applicant noted the house is a contributing structure in the University Historic District. The commission approved unanimously (8-0).
Variance – 1328 Westminster Drive (Item 4B): The property owner requested a variance to extend a garage beyond the previously approved footprint, reducing the front yard setback to 15.5 feet (minimum 30 feet). A variance had been granted in 1993 for an 18x32 ft garage, but only an 18x24 ft garage was built. The new request is for an 18x44 ft depth. Staff recommended approval. The commission approved unanimously (8-0).
Variance – 629 6th Avenue (Item 4C): The homeowner requested a variance for a 6-foot high fence along 60 feet of the property line on 7th Street (maximum allowed is 4 feet in the front yard setback). Staff recommended approval. Public testimony voiced concern about rentals and privacy, but the applicant stated he plans to rent to a family and wants privacy from alley traffic. The commission approved unanimously (8-0).
Rezone Various City Properties to Civic District (Item 5A): The city initiated a rezone of approximately 60 city-owned properties (parks, trails, drainage lots, etc.) from a variety of districts to a new Civic District. Staff stated the civic district provides greater protection and awareness that these are public spaces, and eliminates uses like single-family dwellings that are currently permitted in the existing residential zoning. Public testimony raised concerns about parkland protection, the state law change removing the public vote requirement for parkland disposal, and the lack of a dedicated park zoning. The commission discussed a failed amendment to reduce the allowed height in the civic district from 60 to 40 feet. The rezone was approved on a vote of 8-0.
Rezone 716 34th Avenue to Business B3 (Item 5B): The property owner petitioned to rezone a 1.1-acre parcel from Agriculture A to Business B3 Heavy District. The future land use map designates the area as General Industrial, supporting B3 zoning. Staff recommended approval. The commission approved unanimously (8-0).
Preliminary Plat – Block 1 of Legacy Addition (Item 5C): The developer proposed to combine three parcels (including 716 34th Avenue) into one block zoned Business B3. Staff recommended approval. The commission approved unanimously (8-0).
Future Land Use Map Amendment – 3439 Main Avenue South (Item 5D): The property owner requested amendment from Open Wetland to Urban Medium Intensity for a 5-acre parcel. The property is outside the floodplain and has no wetlands on site. Staff recommended approval. The commission approved unanimously (8-0).
Amendment to Cannabis Dispensary Zoning Districts (Item 5F): The city proposed to remove the Business B2A (Office) District from the list of districts where cannabis dispensaries are allowed as a permitted special use. Staff noted that B2A is intended as a buffer between residential and higher-intensity commercial uses, and concerns were raised about proximity to residential areas. The commission voted 7-1 (Commissioner Jameson opposed) to approve the amendment.

Key Outcomes

Variance at 217 Medary Avenue South: Approved (8-0).
Variance at 1328 Westminster Drive: Approved (8-0).
Variance at 629 6th Avenue: Approved (8-0).
Rezone various city properties to Civic District: Approved (8-0). Recommendation forwarded to City Council.
Rezone 716 34th Avenue to Business B3: Approved (8-0). Recommendation forwarded to City Council.
Preliminary Plat for Legacy Addition: Approved (8-0). Recommendation forwarded to City Council.
Future Land Use Map Amendment at 3439 Main Avenue South: Approved (8-0). Recommendation forwarded to City Council.
Amendment to remove B2A district from cannabis dispensary allowances: Approved (7-1). Recommendation forwarded to City Council.
The meeting adjourned after the final vote.

Meeting Transcript

Okay, I'm gonna call this meeting to order. I'd like to welcome those in attendance at tonight's meeting. Um we'll start with the board of adjustment the board of adjustment, 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. A seven-member board requires five votes, a six-member board requires five votes, and a five-member board requires 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. The board under specific powers granted to it by the state shall authorize variances from the zoning requirements where special conditions existing on the land will result in unnecessary hardship for the applicant. Financial disadvantage to the property property owner shall not constitute proof of unnecessary hardship. Uh with that, Ryan, can you call the roll? Roll as noted with Commissioner Letty missing. All right. So moved. Second. So any comments or additions to the agenda. Seeing none, all in favor. Signify saying aye. All opposed. Next item on the agenda is approval of June meeting minutes. Can I get a motion? So moved, taken. Second. Any comments on the minutes? All in favor signify by saying aye. Aye. Aye. All right. Uh the first item tonight uh for the Board of Adjustment. Item 4A. South Dakota State University Foundation has made a request for a variances on the South 58 feet of lot two, block two Orchard Drive edition, also known as 217 Medairy Avenue South. The first request is to build a single family dwelling on a 58-foot wide lot. The minimum lot width in the residence R1B single family district is 7875 feet. Ryan, can you introduce the topic for us? Thank you, Mr. Chair. The first item on the agenda is a variance at 217 Maderi Avenue South. The applicant is the owner of the properties, the South Dakota State University Foundation. Location again is 217 Medairy Avenue South, which is located in a residential R1B single family district. And the lot only has 58 feet. Staff does recommend approval of the variance, and the Board of Adjustments action tonight would be to approve or deny. Um for a potential house to be moved on to the lot from another location. Um it does show that a house could be uh placed on this lot with all the setbacks being met with the also with room for you know driveway access and potential um garages in the future. But um right now the request is just for the um variances for the lot width and the lot area. And with that, staff would stand for any questions. All right, thank you, Ryan. With that, I'll entertain a motion for approval. I'll move to approve solo second, Jameson. Okay, we have a motion and a second. Uh at this time we'll entertain uh public testimony. If the applicant is present, they are welcome to speak on this issue as well.

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