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Record of Proceedings

Brookings Planning Commission Meeting Summary - January 6, 2026

Meeting Portal — Tuesday, January 6, 2026
BodyBrookings, South Dakota
SessionMeeting Portal
DateTuesday, January 6, 2026
StatusFILED
Video Record
0:00 / 1:25:51

Transcript — Verbatim
0:50

All right, we are going to call this meeting to order.

0:54

The Board of Adjustment is 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.

1:07

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 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 owner shall not constitute proof of unnecessary hardship.

1:46

With that, Ryan, can you call a roll?

1:49

Roll is noted with all present.

1:53

Thank you.

1:54

And we need uh approval of the agenda.

1:56

Is there a motion and a second to approve the agenda?

1:58

So move so all in favor say aye.

2:02

Aye.

2:03

All opposed.

2:05

Uh we need a motion to approve the minutes.

2:10

So moved, taken.

2:14

Second.

2:16

Um discussion on the minutes.

2:19

Should have said that about the agenda as well.

2:20

Sorry.

2:23

Okay, all in favor of approving the minutes, say aye.

2:25

Aye.

2:26

Aye.

2:26

All opposed.

2:30

All right, we'll move on to item four, which is uh open forum.

2:37

Uh at this time, if any member of the public may make a brief announcement or invitation or request time on the agenda for an item that is not listed.

2:49

All right, seeing none, we'll move on to uh item five A Variance.

3:01

Notices hereby given that Chris Weibel has made a request for a variance on lot twenty-nine of Ridger River Ridge Edition, also known as 3334 Aspen Avenue.

3:12

The request is for a reduced side yard setback.

3:16

The minimum required side yard setback in the joint jurisdiction residence JJR1B single family district is eight feet.

3:26

Uh Ryan, can you introduce the topic?

3:29

Thank you, Mr.

3:30

Chair.

3:30

The first item is a variance for a reduced side yard setback at 334 Aspen Avenue.

3:37

The applicant has uh Chris Weibold, the property owner.

3:40

Uh this is located in the joint jurisdiction R1B single family district.

3:44

Request is for reduced side yard setback at a minimum of five feet three and a quarter inches.

3:50

Uh required setback in that district is eight feet.

3:53

Staff recommendation on the variance is denial, and the board of adjustments action would be to approve amend or deny.

4:02

The board of adjustment will uh review these variances, duty special conditions, a little of little enforcement of the provisions of the ordinance will result in unnecessary hardship, and a variance shall not violate the spirit of the ordinance, and substantial justice may be achieved as a result of the variance.

4:18

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

4:25

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.

4:33

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

4:42

Property in question is uh three three three four Aspen Avenue, uh shown on the map with the blue box around it.

4:52

Uh this is a proposed site plan of the garage extension, so it would be an attached garage extension to the current two-stall garage.

5:00

So it would be an attached garage extension to the current two-stall garage.

5:03

Um the orientation here, the north is on the right, so this would be it a extension of the garage on the south side of the property, be a roughly a 10-foot garage addition.

5:14

Um and with that proposed addition, you'll see on that southwest corner on the top left.

5:20

Uh, that's where the minimum uh setback requested would be the five foot three and a quarter inches.

5:28

Here is a photo of the existing home on the top, uh, along with a rendering of the requested addition on the bottom.

5:37

Uh so the addition would go on that south side on the left side of the property uh where you see a current uh area of gravel uh just to the south of the garage.

5:47

And with that, staff will end its uh report and stand for any questions.

5:52

Uh thank you.

5:53

Ryan, at this time call for a motion and second.

6:01

I'll move to approve.

6:03

Solemn.

6:06

Uh is applicant present would like to speak on this.

6:10

If you come up and state your name in resident uh city or residence.

Discussion Breakdown — Share of Meeting
Municipal Code Management█████████████████████████████████████████████77%
Planning Commission█████9%
Procedural████6%
Public Safety███5%
Training And Development█2%
Engineering And Infrastructure█1%
Summary of Proceedings

Brookings Planning Commission Meeting Summary - January 6, 2026

The Board convened a joint session as the Planning Commission to hear variance requests, zoning petitions, and proposed ordinance amendments. The session included a denial of a variance application, approvals for two rezoning requests, and extensive discussion regarding proposed changes to home occupation regulations. The meeting concluded with the adjournment of the discussion items before the final agenda item (subdivision amendments) could be addressed.

Consent Calendar

  • Approval of the agenda.
  • Approval of the minutes.

Public Comments & Testimony

  • Chris Weibel (Applicant, 3334 Aspen Avenue): Expressed support for the approval of a variance to reduce the side yard setback to 5 feet, 3.25 inches to allow for a garage extension. He stated that the variance is necessary due to a lack of foresight in the original placement of structures and noted that his new child requires additional storage. He affirmed that he has conducted due diligence, has a neighbor's survey, and that neighbor expressed no concerns.
  • Nancy Stewart (Resident, Western Estates): Expressed clarity regarding the scope of the Mills Third Edition rezone, confirming her understanding that residential homes within her area are excluded from the proposed business district rezoning.

Discussion Items

  • Variance Request (3334 Aspen Avenue): Staff recommended denial. The Board found that the applicant did not demonstrate unnecessary hardship, as financial disadvantage alone is not sufficient proof of hardship. Commissioners noted the lot size and the existing clearance on the north side suggested the hardship was not unique. The applicant argued for the need to grow into the home with a child.
  • Rezoning Petition (Mills Third Edition): Staff recommended to rezone Block 1 from R3A (residential) to B2 (general business). Staff noted the property aligns with the "urban high intensity" future land use map. The Board confirmed the proposal aligns with the comprehensive plan and the surrounding context.
  • Rezoning Petition (Clark Second Edition): Staff recommended to rezone Lot 1 from Agricultural (AG) to I-1 (Light Industrial). Staff noted the property aligns with the "Business Park/Light Industry" future land use map and is compatible with adjacent I-1 zoning.
  • Amendments to Section 94-362 (Home Occupations):
    • No Impact Home Occupations: Proposed as a permit-by-right category. Requirements include: entirely computer/internet-based, no on-street parking or substantial traffic increase, no on-site sales, and no prohibited activities. Commissioners debated the definition of "substantial traffic" and the enforceability of the traffic clause given the lack of monitoring mechanisms. One commissioner suggested removing the traffic clause entirely if enforceability cannot be established.
    • Minor Home Occupations: Proposed to allow operations in accessory buildings and clarify that incidental sales are permitted only if subordinate to the primary service/production. Commissioners discussed the definition of "bulk storage," suggesting a 500-square-foot limit on combined occupation and storage to clarify what constitutes a violation.
    • Major Home Occupations: Proposed to limit clients to two at a time and employees to one non-resident. Commissioners debated the number of employees versus residents, expressing concern that allowing multiple different employees at different times could negatively impact residential neighborhoods.
    • Signage: Commissioners discussed whether non-residential signs could be illuminated. Staff clarified the distinction between self-illuminated signs (generally prohibited in residential zones) and signs with external lighting, suggesting the ordinance be clarified to allow non-self-illuminated signs for wayfinding.
    • General Enforcement: Discussion highlighted the challenge of enforcing "bulk storage" and online sales limits in residential areas, with the consensus that enforcement often relies on neighbor complaints.

Key Outcomes

  • Variance (3334 Aspen Avenue): Motion to approve the variance failed with a vote of 0-7 (No, No, No, No, No, No, No). The request for a reduced side yard setback was denied.
  • Rezoning (Mills Third Edition): Motion to approve the recommendation to rezone from R3A to B2 passed with a unanimous vote of 9-0 (Yes, Yes, Yes, Yes, Yes, Yes, Yes, Yes, Yes).
  • Rezoning (Clark Second Edition): Motion to approve the recommendation to rezone from AG to I-1 passed with a unanimous vote of 9-0 (Yes, Yes, Yes, Yes, Yes, Yes, Yes, Yes, Yes).
  • Home Occupation Amendments: No vote was taken. The Planning Commission directed staff to further refine the definitions of "bulk storage," "substantial traffic," and "employee count" before the next discussion. The final item on the agenda (Subdivision Amendments) was not discussed due to time constraints.
  • Future Meeting: Staff announced a potential training session on conflict of interest for the City Council, Planning Commission, and Historic Preservation Commission, with a poll to be sent regarding availability on January 20th or February 17th.

Meeting Transcript

All right, we are going to call this meeting to order. 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. 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 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 owner shall not constitute proof of unnecessary hardship. With that, Ryan, can you call a roll? Roll is noted with all present. Thank you. And we need uh approval of the agenda. Is there a motion and a second to approve the agenda? So move so all in favor say aye. Aye. All opposed. Uh we need a motion to approve the minutes. So moved, taken. Second. Um discussion on the minutes. Should have said that about the agenda as well. Sorry. Okay, all in favor of approving the minutes, say aye. Aye. Aye. All opposed. All right, we'll move on to item four, which is uh open forum. Uh at this time, if any member of the public may make a brief announcement or invitation or request time on the agenda for an item that is not listed. All right, seeing none, we'll move on to uh item five A Variance. Notices hereby given that Chris Weibel has made a request for a variance on lot twenty-nine of Ridger River Ridge Edition, also known as 3334 Aspen Avenue. The request is for a reduced side yard setback. The minimum required side yard setback in the joint jurisdiction residence JJR1B single family district is eight feet. Uh Ryan, can you introduce the topic? Thank you, Mr. Chair. The first item is a variance for a reduced side yard setback at 334 Aspen Avenue. The applicant has uh Chris Weibold, the property owner. Uh this is located in the joint jurisdiction R1B single family district. Request is for reduced side yard setback at a minimum of five feet three and a quarter inches. Uh required setback in that district is eight feet. Staff recommendation on the variance is denial, and the board of adjustments action would be to approve amend or deny. The board of adjustment will uh review these variances, duty special conditions, a little of little enforcement of the provisions of the ordinance will result in unnecessary hardship, and a variance shall not violate the spirit of the ordinance, and substantial justice may be achieved as a result of the variance. Unique circumstances apply to the property which do not apply to other properties in the same vicinity or district. 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. The variance requested is the minimum variance which would alleviate the hardship and reasonable use of the property is not permitted under the terms of this chapter. Property in question is uh three three three four Aspen Avenue, uh shown on the map with the blue box around it. Uh this is a proposed site plan of the garage extension, so it would be an attached garage extension to the current two-stall garage. So it would be an attached garage extension to the current two-stall garage. Um the orientation here, the north is on the right, so this would be it a extension of the garage on the south side of the property, be a roughly a 10-foot garage addition. Um and with that proposed addition, you'll see on that southwest corner on the top left.

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