OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Brookings Planning Zoning Commission Meeting - March 3, 2026

Meeting PortalTuesday, March 3, 2026
BodyBrookings, South Dakota
SessionMeeting Portal
DateTuesday, March 3, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
1:06

All right, we're gonna get started.

1:08

Um, welcome to the City of Brookings Planning Zoning Commission meeting.

1:11

Uh Brian, can you call a roll?

1:15

Roll as noted, we do have Letty Jameson and Schmeichel absent.

1:22

Thank you.

1:25

Entertain a motion for approval of the agenda.

1:33

So move.

1:34

So any discussion on the agenda.

1:42

All in favor signify by saying aye.

1:45

Aye.

1:45

All opposed.

1:49

I'll entertain a motion for approval of the minutes.

1:52

So moved.

1:54

Second.

1:56

Thank you.

1:57

Any comments on the corrections to the minutes.

2:01

Uh seeing none of all in favor say aye.

2:04

Aye.

2:05

Aye.

2:05

All opposed.

2:08

Okay, we'll move on to item four, the open forum.

2:12

This time any member of the public may make a brief announcement or invitation, request time in the agenda for an item not listed.

2:19

Uh items to be added to the agenda will be scheduled at the end of the meeting.

2:23

Any requested action items may be scheduled for a future date.

2:35

All right.

2:35

Seeing none, we'll convene now is the Board of Adjustment.

2:40

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

2:46

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

2:52

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

3:00

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

3:07

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

3:10

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

3:32

Next item on the agenda is uh 5A, a variance request.

3:39

Notice hereby given that Clint Anderson has made a request for two variances on lot six, excluding the West 40, all of Lot 7 and Lot 8 of Railroads addition, also known as 108 118 front street.

3:53

The first request is for a reduced rear yard setback.

3:57

The second is for a reduced front yard setback per section 94-137.

4:02

The minimum rear setback is 20 feet, and the minimum front yard setback is 40 feet.

4:08

Ryan, can you introduce a topic?

4:10

Thank you, Mr.

4:11

Chair.

4:12

The first item on the agenda is a set of variances for eight oh or one oh eight and eight eight eleven eighteen front street.

4:20

Uh the applicant is Clint Anderson.

4:22

This is located in an industrial I2 heavy district.

4:26

There are two requests here.

4:28

Uh one for a reduced front yard setback.

4:31

Uh the request would be for a 7.8 foot front yard setback when 40 is required.

4:36

And the second request is for a reduced rear yard setback of nine point six feet when 20 feet is required.

4:44

Staff recommendation for the variance of approval.

5:00

Due to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and the variance shall not violate the spirit of the ordinance, and substantial justice may be achieved as a result of the variance.

5:11

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

5:17

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

5:25

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.

5:33

The property shown in the blue outlined parcel here, 108 and 118 front street.

5:40

118 front street uh did receive a variance for the rear setback.

5:46

They received a variance for a 10-foot rear yard setback on the south side facing the railroad.

5:53

108 is also owned by uh they're owned in common, and the applicant would like to demolish 108 front street and expand 118 front street with a similar uh footprint, utilizing that uh reduced setback on the south.

6:10

Because it would be an expansion, they would need to renew that variance for the expanded portion of the building.

6:18

And they are also seeking a variance on the uh west portion of the building for a front yard setback to the west.

6:27

This is the proposed site plan showing where that building expansion would take place again, utilizing the the existing setback on the south and extending that building uh to the west within 7.8 feet of the west property line.

6:44

That does end staff's report, and we would stand for any questions.

6:48

Thank you, Ryan.

6:49

Uh, at this time I'll entertain a motion and a second for approval.

6:53

Um Mr.

6:54

Chair, I move to approve uh both pieces of property.

7:00

Second.

7:02

Thank you.

7:02

Uh the applicant is present like to give some more context on this.

7:06

That'd be appreciated.

7:14

I'm Clint Anderson.

7:16

What would you what information would you like to know?

7:19

Yeah, just anything you'd like to add at this time.

7:22

Um basically what we're gonna try to do is just we would like to just expand uh the building to the west side, as our proposed building plan.

7:29

I don't have anything else to share, basically, besides what was proposed.

7:34

Okay, yeah, I appreciate that.

7:35

We'll call you back up if we have any additional questions.

7:38

Uh at this time, if anyone else from the public is uh wanting to speak in favor, uh please do so.

7:53

My name is Sean Storhawk, and um I've rented the property immediately west of this property since 2013.

8:00

We had our maintenance shop in that building for a long time.

8:04

Um we have moved now directly south of where Clint is.

8:09

We built a shop, which you can just barely see on that picture directly across the railroad tracks from him.

8:15

When we built there, we had some similar issues when you're up against these um up against the railroad tracks, streets are running one way, and and you get these wonky um lot lines, and we had to do a little variance on our building in order to make it um work with our little crooked lot line on the front.

8:36

So um, not exclusive to Clint's property here, but um, in the years we've been here and um watched Clint um never had any issues with him parking, um all you know, snow removal, all that has been um completely fine.

8:53

So just as a neighbor, I wanted to say that I don't see any problems with what he's proposing.

8:59

I don't think it's gonna affect us or or anybody else that I see working around us.

9:04

Thank you.

9:05

Thank you.

9:07

Anyone else uh wish to speak in favor of this item?

9:12

Anyone here wish to speak in opposition?

9:17

Seeing none we'll close the public testimony, open it up to board questions and comments.

9:26

I have a question for Ryan.

9:28

So this is a significant difference in the setbacks.

9:31

So, what, if any, risk are there to going to such a difference?

9:38

Well, essentially, there has already been a variance granted for the reduced setback on the rear towards the uh railroad.

9:47

Uh this would just be an extension of that uh variance request.

9:51

Um the really new portion of it would be the reduced setback to the west.

10:00

Uh that might be the most impactful or new uh portion of the variance request.

10:03

And it is a pretty significant reduction from 40 feet to 7.8 feet for a front yard setback.

10:09

This is a corner lot, so um there is the right of way for front street to the north and the right of way to first street to the west.

10:18

I guess the difference here is uh the first avenue right of way, it's an unimproved public right of way.

10:27

Uh there would likely never be any intention for that right-of-way to be improved.

10:31

Uh so we would likely never have you know a street extension or sidewalks running down that way.

10:38

Um if you look at this picture, um you kind of already have kind of a larger yard area or boulevard extending beyond the property line to kind of naturally buffer what seven-foot setback that would be compared to the actual kind of serviceable road there.

10:55

So not real impactful in this case, being that it's an unimproved right-of-way to the west and an existing variance to the south.

11:06

That's more or less an extension of an already approved variance.

11:14

Any other questions or comments?

11:16

Mr.

11:16

Chair, I have a question for the applicant, uh, if I could.

11:20

So the um the west or the front yard setback.

11:24

Can you give us um some insight into why the 7.6 feet setback is critical rather than something uh greater than that?

11:41

So you're you're referring to the 7.8 feet on the back side of the building right there.

11:46

Yeah.

11:47

Uh it just comes up as a nice round square number as far as the distance that we'd like to come out to.

11:52

Ultimately, I I would have liked to have come out 140 feet, but considering that the lot line is pretty crooked.

11:58

Uh this is where we kind of set up with an established uh perimeter, and then it kind of equals where the car wash current building is as far as the west side dimension is, so then that would give it a nice square look.

12:11

That's kind of where we came up with that dimension.

12:14

Okay.

12:15

Thank you.

12:16

Yep.

12:17

I have a quick question while you're up here.

12:18

Can you talk about the wheelchair accessibility piece a little bit?

12:23

So the one our sales manager, Chris that works for us, he's a quadruple, so he's in a wheelchair.

12:29

So, in order to keep the the aesthetic appearance and to keep everything handicapped accessible for him, this was the best plan that we had was to be able to connect the two jointing buildings and keep the flow working properly for him.

12:42

So that's why we kind of came up with this idea and this design.

12:47

You mean between the two buildings?

12:48

Between the two buildings, correct?

12:50

Yeah, great.

12:50

Thank you.

12:51

Appreciate that.

12:55

Anything else?

12:58

Uh here none close uh comment.

13:01

Ryan, can you call the vote?

13:04

Solemn?

13:06

Yes.

13:07

Aiken?

13:08

Yes.

13:09

Spear?

13:10

Yes.

13:11

Heinrich?

13:12

Yes.

13:12

Ron?

13:13

Yes.

13:14

Limmer?

13:15

Yes.

13:16

Motion passes.

13:20

Uh we'll now can convene as the planning commission.

13:24

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

13:39

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

13:48

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

13:52

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

13:55

Those supporting the motion shall in turn give their reasons.

13:58

Those opposing the motion shall then offer their reasons.

14:01

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 commission.

14:17

Next item on the agenda is uh 6A, a rezone.

14:22

Notice is hereby given that Bluegill Inc.

14:24

has submitted a petition to rezone the following described real estate in the city of Brookings and Brookings County, South Dakota.

14:31

A portion of blue bluegill third edition excluding platted areas, a portion of the southeast quarter, northeast quarter, excluding west 44 of uh and excluding the north 30 and east 300 feet and excluding platted areas in section one township 109 range 50 and a portion of Bluegill 2nd edition excluding platted areas.

15:00

The request is a rezone the above described real estate from an agricultural district and uh residents R1D single family district to a residence R1D single family district and residents R3 apartment district.

15:08

Ryan, can you introduce a topic?

15:11

Thank you, Mr.

15:12

Chair.

15:13

The next item is a rezone for portions of Bluegill 2nd and 3rd editions, along with some uh unplatted territory.

15:21

Uh the applicant does PMVK limited LLC.

15:26

Uh the current zoning district is R1D and uh AG and the proposed uh the proposed uh zoning would be R1D and R3.

15:38

Um the staff recommendation is approval.

15:40

The planning commission's action would be to amend uh approve or deny, and the action is a recommendation made to the city council.

15:49

The rezone area is outlined in the red um uh outline on this picture.

15:56

It's located on the southern end of Ace Avenue and Lucerne Avenue, and it is going to uh coincide with a revised preliminary plat for this additional area, uh which is the next item.

16:10

The current zoning shown here as mentioned a portion of this is rezoned from R1D uh to R3, and a portion is rezoned from AG to R1D and R3.

16:23

So the uh darker blue areas within the zoning map are the R1D areas and the lighter blue areas uh towards the south, those are the AG zoned areas.

16:37

This is our future land use map, um, which shows the area um within a medium density residential future land use category and the open wetland uh future land use category.

16:50

Uh just a note on the open wetland future land use category.

16:54

This is already land that has been um platted and zoned.

16:58

Um this was um it's it's non-conforming with the future land use map, but there are no concerns in this case.

17:06

There are no flood plan issues, wetland issues, and it is already zoned and platted.

17:12

The proposed zoning map is shown here.

17:17

Um so essentially the parcels east of Ace Avenue uh would be rezoned to R3 and property uh the parcels uh west and south of Ace Avenue along uh Lucerne Avenue and Gray Goose Street would remain R1D.

17:36

Um the parcels along and south of Gray Goose Street, those would be uh parcels that are currently um AG would be going from AG to R1D, and then a handful of the properties north of Grey Goose Street are actually currently R1D and would remain R1D.

17:55

And with that, staff would end its um presentation and stand for any questions.

18:01

Uh thank you, Ryan.

18:02

This time entertain a motion for and second for approval.

18:05

So moved, taken second.

18:11

Thank you.

18:12

This time open to public testimony.

18:14

Uh if the applicants present like to address us, that'd be great.

18:32

Uh wait price uh with bluegill inc.

18:35

It should be blue, but bluegill inc as uh app again.

18:39

So not PMBK limited.

18:41

Yes, I think I uh didn't quite update that PowerPoint from the previous.

18:45

I caught it about halfway through that first slide, so if you have any questions, I'll try to answer them or Justin will uh yeah, I mean we can open uh two additional uh public testimony at this point, but yeah, if you had any additional cont uh context or a thoughts on the project, it'd be a good time.

19:10

Uh none at this time.

19:11

Okay, we'll call you back up if we have questions.

19:16

Anyone else uh wish to speak in favor of this motion?

19:20

Anyone here to speak in opposition?

19:24

All right, seeing none we'll close public testimony now.

19:27

Open it up to board for question and comments, Mr.

19:37

Chair.

19:37

I have a question of the applicant.

19:49

I I know we've in the past, I think have have discussed this 23rd street.

20:00

Um is there a plan to finish 23rd street clear to 20 uh 22nd Avenue as part of your project?

20:04

Um yeah, because we're kind of tied in with our strange study with uh PMBK Limited, that's who owns the mobile home park.

20:12

So we got to remove uh I think six or seven trailers yet, but yeah, that's our plan.

20:25

Anything else?

20:27

Mr.

20:27

Chair, I'd just make a comment.

20:29

I think the addition of the R3 and uh on the east side and keeping that contiguous at the R3 to the north makes a lot of sense to me.

20:37

So that's all.

20:39

Agreed, thank you.

20:44

All right, thank you.

20:47

Close uh comment.

20:49

Ryan, can you call the vote?

20:54

Spear.

20:55

Yes, Heinrich?

20:57

Yes.

20:58

Braun?

20:59

Yes.

21:00

Solemn Yes.

21:03

Yes.

21:04

Limmer?

21:05

Yes.

21:06

Motion passes.

21:09

Okay, next item is six B preliminary plat.

21:12

Notice hereby given that Bluegill Inc.

21:13

has submitted a preliminary plat of the following proposed real estate situated in the city of Brookings in Brookings County, South Dakota to wit.

21:21

A portion of Bluegill third edition excluding platted areas, a portion of the southeast quarter, northeast quarter excluding west 44 feet, and excluding north 30 feet, east 300 feet, and excluding platted areas in section one township 109 range 50, and a portion of Bluegill second edition excluding platted areas to be preliminary plated as Bluegill 2nd edition, block two, lots one through six, bluegill third edition, block one, lots five A through eight Bla Block three, lots one through five, block four, lots one through two, and block five, lots one and two.

22:00

Ryan, can you introduce the topic?

22:03

Thank you, Mr.

22:04

Chair.

22:04

The next item is a preliminary plat for the same portions of Bluegill, second and third editions.

22:09

Um as mentioned the applicant is actually Bluegill Inc.

22:13

Uh the zoning districts for this proposed preliminary plat area would be R1D and R3 as previously reviewed.

22:20

Staff recommendation for the preliminary plat is approval.

22:23

The planning commission's action would be to approve, amend, or deny, and that action is a recommendation made to the city council.

22:30

So we're discussing the same area here outlined in red.

22:35

And this is the proposed preliminary plat, then for uh the development.

22:40

Uh so block uh block three of uh bluegill third edition would be along the uh east side of Ace Avenue.

22:51

There are plans for uh five lots that would be zoned R3 along the east side of Ace Avenue.

22:58

Uh there are two lots in block five uh north of 23rd street, those two lots would also be zoned R3.

23:08

Um there are some new lots along the south southern extension of Lucerne Avenue, uh lots one through six would be in uh block two of Blue Gill second edition.

23:22

Uh those six lots would be R1D zoned, and then additionally there are two lots south of Grey Goose Street.

23:29

Um lot one and two in block five.

23:35

That's block four.

23:36

Uh lot one, uh, the large lot on the corner of Grey Goose Street in Lucerne Avenue, that would be um proposed for a drainage lot, and then R uh then on block two, lot two would be an R3 lot.

23:49

Um change from the previous preliminary plat on this area is the lots um five A through eight B, which is kind of in the center here uh between Ace Avenue, Lister Avenue, and Gregory Street.

24:04

Um they have shifted those lots slightly further to the south.

24:08

That does add allow them to add a few more lots into that area.

24:12

Um and those would all be zoned R1D.

24:15

Um so Gregory Street would shift slightly to the south.

24:18

Um, and then this does show that uh proposed corridor for the 23rd Street alignment out to 22nd Avenue as was um asked during the rezone portion.

24:28

And that's the end of staff's report.

24:30

And we're gonna stay in for any questions.

24:33

Thank you, Ryan.

24:34

Uh at this time entertain a motion and second for approval.

24:39

So move Solemn.

24:41

Second.

24:42

All right, we'll open for public testimony.

24:44

Well, we'll make you guys come back.

24:45

You don't need to come back up.

24:46

We'll we'll call you up if we have additional questions.

24:49

Uh anyone else here wishing to speak in favor?

24:54

Anyone wishing to speak in opposition?

25:00

Open to board questions and comments.

25:05

Ms.

25:05

Chair, I have a question for the applicants.

25:07

I I know staff had said that lot one uh would be maybe a drainage lot.

25:13

Um lot six seems to have a strange shape to it.

25:16

Is that also a drainage lot or can you shed some light on how that got it?

25:21

It is not.

25:22

So the thought behind that is to have kind of a flagpole lot.

25:26

It's gonna have a probably a large driveway and a pretty good size house set on it as it's backed up to the uh the ball diamonds, and there's a pretty large drainage area west of there that is both existing and will be expanded upon.

25:43

Um there is kind of some other oddities there.

25:46

There's a utility easement with sewer running through it, and we're also proposing uh the outfall for the lot one drainage facility to go through there as well.

25:57

So it's just it's hard to fit that many lots around the call de sack, and you're you're bounded by the school's property to the east of there, and it's what fit.

26:07

And did I see somewhere in the briefing that there would be maybe a trail connection requested to the nature trail today?

26:14

There was one requested by the parks department, and I think the applicant is fairly supportive of that.

26:21

Okay, thank you.

26:28

Any additional questions or comments?

26:37

All right, seeing none we'll close uh comment.

26:40

Ryan, can you call the vote?

26:42

Heinrich?

26:44

Yes, Braun?

26:45

Yes.

26:46

Solemn, yes, Aiken, yes.

26:50

Spear, yes.

26:51

Limmer?

26:52

Yes.

26:53

Motion passes.

26:58

All right, next two item second, the the two last items on the agenda tonight are discussion items.

27:04

Uh first item is, and these are carryovers from previous meetings.

27:09

Um the first item is uh discussion on amendments to section 94-362 regarding home occupations.

27:18

Um proposed changes to introduce a new no con no impact category, remove occupational base lists and establish an intensity-based framework for classification.

27:29

Ryan, can you introduce that?

27:32

Thank you, Mr.

27:33

Chair.

27:34

Um, in January of this, it was December or January.

27:38

Uh recently we did um introduce proposed changes to the home occupation ordinance.

27:45

I'm just gonna pull up uh our definitions here quick before we get started.

28:05

All right, so um we took a look at some of the comments that uh we heard at the previous meeting with the planning commission regarding the home occupation changes, and we have some uh revisions to that.

28:17

We'd like to run by planning commission tonight.

28:20

Um before we get started, though, I just wanted to um describe what the home occupation is.

28:24

A home occupation is an occupational profession which is carried on in a dwelling unit by a member of the immediate family residing upon the premises in accordance with section 94 362.

28:36

And so that 94 362 is what we're uh mostly looking to amend.

28:40

We just wanted to clarify you know that it's last time we had some discussion on businesses versus occupations.

28:46

This would be for occupations, um, not necessarily home businesses.

28:50

And so with that in mind, uh I'll go through the latest revisions.

28:57

I'll kind of read through these uh line by line and try to note the changes that were made.

29:03

And if you have any questions at any time, just stop us and um ask any questions.

29:09

Uh so section 94, 362 home occupations.

29:14

Uh the first section kind of describes the process for the the reason for and the process for getting a home occupation.

29:20

None of that has changed from the current ordinance in place.

29:24

Uh where the changes start is we did add a section here called general standards.

29:30

This is actually um I think located towards the end of our previous rendition of these changes.

29:36

The general standards are as such uh one signage is allowed per section 94 473.

29:43

Uh that refers you to our zoning signing ordinance, and so we would follow the signage ordinance um in these cases, just like any other residential property would be allowed according to our signage.

30:00

And that would also include illumination, which was I think a discussion point last time.

30:04

Two sales are permitted in all categories provided they comply with inventory limits.

30:10

In-person sales of goods or services are permitted in the major and minor categories, provided the home occupation complies with the client, customer traffic, and inventory limitations.

30:23

So before we had um, I think some specific mentions regarding internet-based businesses, and that was kind of causing some discussion and confusion.

30:38

So those could be internet sales, um, those could be limited, you know, in-person sales, and we do divide out the again the types of home occupations by no impact, minor home occupation and major home occupation, and we get it further into the um you know what's allowed in each of those categories as we move forward.

31:00

Three, dedicated area for no impact and minor home occupations, the use may not exceed 500 square feet of the dwelling's gross floor area for major home occupations, the use may not exceed 50% of the gross floor area of a single story.

31:18

Four, allowable storage, storage of inventory intended for sale shall not exceed 10% of the permitted home occupation area.

31:28

So this is just um you know storing and warehousing of goods essentially, and it would be limited to 10% of that either 500 square feet or 50% of the gross floor area, whichever the allowable areas, 10% of that could be storage of inventory.

31:46

I know that was another discussion point at our last meeting.

31:50

Five um compliance with state and federal laws, all home occupations shall comply with applicable state and federal regulations, including but not limited to licensing, taxation, health, and safety standards, and industry specific requirements.

32:05

The issuance of a permit under the section does not exempt the applicant from obtaining other permits or approvals required by law.

32:14

Six, then we have the prohibited activities, and this would apply to all of the home occupation types, the no impact, minor, and major.

32:23

And these are kind of consolidated into one section.

32:25

Previously they were kind of scattered amongst the home occupation ordinance.

32:29

Uh a, use of prop residential property as a business, in which the business activities are the primary use of the property as prohibited.

32:37

Uh exterior display, exterior storage, or exterior indication of the home occupation.

32:42

Internal alterations or construction of features not customary in a dwelling unit.

32:48

Toxic explosive flammable combustible, corrosive, radioactive, or other restrictive materials are prohibited.

32:54

Any process or activity which causes offensive odors, dust glare, noise, smoke, heat, or vibration, and uh employees, clients, customers, or activity that would be visible to adjacent neighbors between the hours of 9 p.m.

33:07

and 6 a.m.

33:08

would be prohibited activities.

33:11

So I'll pause there.

33:13

Um to take a breath and ask if there's any questions.

33:25

I guess I have a question, just um it's it's it's a little bit vague and maybe intentionally so the the internal alterations or construction of features not customary in a dwelling unit.

33:39

That's just that's just open to interpretation by enforcement.

33:46

Is that or how would that be decided, I guess.

33:52

And then if uh two-part question, I guess.

33:55

And then if I was uh having a home occupation and I disagreed with that, what would be the recourse?

34:02

Is that something where board of adjustment is involved?

34:07

So I guess the how would we identify or um regulate that item at the billing permit phase, if we get a billing permit with a plan for like a major interior renovation, and it included something that's kind of way out of line of what you'd typically see in a residence, like I don't know, they want to put in like a I don't know, a bowling alley or something.

34:33

I mean, I guess some houses might have a bowling alley, but it's something like crazy.

34:37

That obviously is going to be more than just a home a minor home occupation or a no impact.

34:42

Um, a lot of like the cases we do get are like hair salons or somebody's putting in uh a one-seat little hair salon with a sink, and you know, those would be uh minor alterations that we wouldn't um have a concern about.

35:00

It's just if it's going beyond what you typically would see with for an interior renovation of a residential property, and we can hopefully identify that at billing permit stage when we see what they're planning to do, whether it could be um reviewed by the Board of Adjustment.

35:19

Um not sure.

35:23

I've not sure that would be a necessarily a case with the Board of Adjustment or not.

35:26

We would probably try to just stop that uh initially.

35:30

And uh I mean I think I see what you guys are trying to say in it.

35:34

I'm just um it just seems vague.

35:37

And I could I could put myself in the shoes of somebody trying to maybe start a home occupation and um just seems like it's left up until a lot of interpretation.

35:47

And as long as we're fine with that, I'm fine with that.

35:50

I just wanted to bring it up.

35:51

And that is the language that we currently have in place.

35:54

This was actually just moved from other areas.

35:57

We already have that in our ordinance, and it already is kind of vague and up for interpretation, but certainly noted.

36:06

I think where we start to look at it is um if they're introducing um materials or mechanical type equipment that is more on along the lines of industrial strength type equipment, we're gonna start asking you know more questions and would that typically be utilized in a residential setting.

36:28

And so I think that's where you start to look at that as well as um you know what's typical or normal in a residential setting for electrical loads if they need to update or if they want to add a transformer, a smaller transformer.

36:43

It's like uh maybe this really doesn't belong in a residential setting, and you should really look for a commercial industrial type property.

36:50

So it's probably more so on the equipment, whether it be mechanical equipment that would be added to the house that you wouldn't typically see in a residential setting.

37:04

So maybe think about like a home brewer if you're doing you know small scale home brewing and maybe you sell it to some of your friends as like a hobby versus you know the large scale um larger VATs that you would see like in a small scale microbrewery.

37:29

Any other questions on that first section?

37:38

All right, so then moving on.

37:40

Uh once we get past the general standards, then we go into the category specific standards.

37:44

We go into the no impact, minor impact and the major home occupation.

37:49

Uh so category standards, all home occupations must comply with the general standards in Section B, in addition to the specific requirements for their category.

37:59

One, no impact home occupation.

38:02

A no impact home occupation does not require a permit and shall be allowed upon a premises, provided the occupation complies with the following.

38:10

Only the residents of the dwelling unit may be employed or participate in the home occupation.

38:17

The occupation must be conducted entirely within the principal building.

38:24

Such home occupation does not include on-site sales of merchandise or on-site training.

38:31

Such home occupation does not cause on-street parking, and no external alterations are permitted.

38:45

Any questions on the no impact?

38:50

Brian, I'm trying to wrap my head around the one we had about the gunsmithing.

39:03

And yet I'm having a hard time thinking that that would fall in this category.

39:08

So can you walk me through or maybe yeah, like a gunsmithing, you know, um if say they're doing it in an attached garage or in their basement where they had space for it, and they're just you know, maybe providing a service where they're servicing cleaning, uh, repairing, that sort of thing, and there's no sales.

39:33

Um, and they had all of their permits required, you know, according to the general standards, you know, any uh state-federal uh laws that could then fit within the no impact if there's no on-site sales, they meet all the provisions of our standard, our general standards to meet all the state and federal um requirements.

40:00

Yes, that could fit within a no impact.

40:05

Did you go back up a little bit there?

40:07

In the gunsmithing case, they would not be permitted to be uh storing large amounts of ammunition under this for no impact.

40:19

It would be a prohibited activity under six D.

40:24

Potentially.

40:26

Um, but then you know that's been questioned in the past, and we've we talked about that.

40:30

Um difference between somebody storing their own ammunition, their own personal ammunition in their home would also potentially um meet that.

40:44

And we did talk about the explosive combustible uh materials, I think, in our our first gunsmithing application that we got here.

40:53

So that could potentially fall within that.

40:56

Uh they are allowed to store up to fifth uh 500 square 500 square feet of the building's ghost floor area could be part of the occupation, and as long as you know there were no sales done as a part of it.

41:12

Um but yes, the toxic explosive flammable that could be debated as uh a prohibited activity, although that would be for all of um you know all of our home occupations, and we and that uh language is currently in place, um, and we did approve two gunsmithing home occupations uh within the last couple years, even though those are prohibited activities within home occupation.

41:40

I think the argument was that those are not any different than the types of you know materials you would have for just a hobby as a gun hobbyist.

41:50

I also seem to remember that they didn't intend to have very much in terms of ammunition in those cases.

41:58

Correct.

41:58

Sound right?

41:59

Yeah, usually it's just um servicing the weapon itself, not I mean, and if they did have lots of ammunition, and I think that concern might be come up that maybe they're then selling, and you can't have any on-site sales.

42:14

So in the in the uh um no impact, you can't have any sales.

42:31

Any other questions on those no impact standards?

42:39

Not a question, but just uh comment that I think it cleans up what we were having big discussion about before with remote and teleworking, because I you know, I went home and thought about it.

42:50

I'm like, gosh, that puts probably hundreds, if not thousands of people that would be uh unknowingly doing something against uh what we were trying to put together.

43:01

So I think this cleans it up really nicely.

43:04

We had quite a bit of discussion internally about that because uh we weren't we don't want to penalize, we don't want to send those people through this process, and we thought the internet base, but then we got to thinking is how many people are artists and they don't actually do any sales in their homes, but you know, they maybe paint or create something.

43:25

Um also there's a lot of uh voiceover work that is done where they do like audio books and they read in their home, and it's like how are they impacting the neighborhood by reading a book and and and recording it?

43:41

So it's like that's why we kind of went away from the internet based because we kept coming up with examples that there is really no impact, nobody even knows what's going on in that house.

43:53

Um, and it's such a there's no impact on the neighborhood.

43:59

So we we wanted to clean it up because we're not trying to create more red tape for individuals to have to go through.

44:18

So moving on to the uh let's see, no impact.

44:26

Moving on to the minor home occupation.

44:29

A minor home occupation shall be allowed on a premises provided the occupation complies with the following.

44:34

Only residents of the dwelling unit may be employed or may participate in the home occupation.

44:40

The occupation occupation must be conducted entirely within the principal or accessory building.

44:46

Client and customer visits shall be by appointment only, and only one client may be present at a time.

45:00

One on site parking space, in addition to those required for the dwelling unit, shall be provided for the home occupation.

45:06

No external alterations are permitted except for a separate entrance.

45:18

No external alterations are permitted except for a special entrance provided it maintains residential character and complies with building codes.

45:25

I think we crossed off one too many words on there.

45:30

And six mechanical equipment, which is not customarily or ordinarily used for household hobby purposes is prohibited.

45:43

Just a comment on this one too.

45:44

This cleans it up way better.

45:48

A lot.

45:49

It's a lot more clear.

45:52

But allows some flexibility.

45:56

Which is good.

46:01

Also, just to clarify, so the minor home occupation, the no impact, the resident doesn't need to do anything, but minor home app uh occupation, they need administrative approval.

46:14

Correct.

46:15

We have a minor home occupation permit, which staff reviewed to make sure that it meets the requirements.

46:22

The major home occupation is a conditional use.

46:25

The no impact would be a allowed by right.

46:35

Any other questions on the minor home occupation section?

46:48

So the major home occupation shall be allowed upon a premises provided the occupation complies with the following.

46:56

Residents of the dwelling unit and no more than one non-resident employee may report to and participate in the home occupation at the site at any given time.

47:06

The occupation is conducted entirely within the principal or accessory building.

47:17

Two on site parking spaces in addition to those required for the dwelling unit shall be provided for the home occupation.

47:23

Storage within a garage shall not displace parking spaces required.

47:29

The home occupation may have two clients, customers at any one time.

47:35

No more than one home occupation shall be permitted within any single family dwelling.

47:42

Major home occupations that attract customers, clients, or other individuals to the premises for sales or services, shall not be allowed in an apartment building.

48:01

Any questions on the major home occupation section?

48:25

So lastly, the rest.

49:48

And we still have the garage sale yard sale and rubber sales within the home occupation that was left unchanged, just moved.

50:00

And then we do have a chart here, which is new and would help kind of explain in a chart format all of the changes we just mentioned.

50:18

And that's the end of our report.

50:27

So we do have this up for public hearing and action tonight.

50:48

So we would still want to uh Ryan get a motion.

50:52

I don't think we're taking action on this tonight because we didn't get the notice in the paper.

50:56

Oh, we didn't get the notice in the paper.

50:58

Yeah, this is the one of the items that the notice got missed.

51:02

Oh that's fine.

51:03

We wanted to bring it to you for discussion in case you had questions or needed more clarification, and we're gonna schedule it for public hearing next month.

51:12

And so hopefully we get in your questions answered tonight, so there maybe won't be as many proposed changes at the next meeting, I guess.

51:22

Yes, good catch.

51:23

No no public we had a snafu with publication, and so this and two other items got missed, and so they had to push them back to April for action.

51:37

I think the changes look really good.

51:41

Uh Ryan, I do have a quick question.

51:43

Once all the changes are made, how will the updates be disseminated to the residents?

51:50

Will there be any special?

51:52

I mean, I'm assuming it's gonna be put on the web page.

51:55

It is approved by ordinance, so this will go to the city council as an ordinance amendment.

52:01

Uh so we will have another uh there'll be two more notices made public, one for the planning commission meeting in April.

52:09

Then we'll have a notice um prepared for the May City Council meeting.

52:16

Umce the changes are approved by council, then the ordinance is published for public dissemination for 20 days.

52:24

And where is that?

52:26

Uh, it would be located on our website.

52:30

Yeah, so we will um we publish a notice um of the changes so they in ordinance format that'll be published in the paper.

52:41

We send uh uh all ordinances are sent to Municode, that's our online kind of code compiler.

52:50

Okay.

52:50

Uh usually it it takes a little bit of time for them to get it uploaded into the Muni code, but that's where Ryan went to on the website, and you can see all of our ordinances.

53:01

With home occupations, a lot of times it's a call in to the office.

53:06

People stop in and question, and we could we run through everything with them.

53:10

Um we don't get too many that actually will submit online.

53:14

Uh they like to just ask some questions and fill out the checklist.

53:18

Um there is the potential that it might affect some people who will not see any of these notices and already are having some sort of a home business.

53:30

Will anything be sent to those who have already been approved for a home business?

53:34

If they're already approved for home occupation, um nothing is gonna change them.

53:41

I mean, if they went through the process of a major or minor, they either got a conditional use, and some of them probably not all of them, but some of them may actually move from a major down to a minor.

53:54

We're not gonna anything that's been previously approved, they would be able to continue that as is.

54:00

Uh, we're hoping to make this less cumbersome for a majority of the people that are you know working out of their homes.

54:10

Um, and we just didn't want that.

54:13

That's the whole goal behind this is reduce the amount of regulated process they have to go through from a permitting perspective for something that has no impact.

54:25

So it won't impact the existing ones.

54:27

They can continue.

54:30

Most of them would probably move down a category to from major to at least minor.

54:34

Um the biggest difference is you know, if they had to do it in the future, they wouldn't have to go through that conditional use process.

54:40

Uh they would be just permitted through like a ZERP, a zoning and use registration permit, just so it's on file.

54:47

So if anybody ever questioned or complained about them running a business out of their home, we could pull up the permit and say no, they went through the process, they meet the criteria, they're allowed to do it.

54:58

Okay.

54:59

Sounds good.

55:02

It you were talking about how the information has to go through another, I'm gonna call it portal before it gets onto our website.

55:11

And I remember when we were going through the change of civic district and then the park situation, all of that wasn't updated in time before the public meeting, so it caused some confusion.

55:23

So do we have enough time to update everything?

55:31

I so Municode, I think is based.

55:35

I mean, they do this for hundreds of communities across the country.

55:40

Uh we send we we send them what before it gets actually into the code, um, they'll just attach it.

55:52

And so Ryan, are you able to go back to Municode at all?

55:56

So we maybe can show them an example.

56:00

Um, I just remember that that specific thing that code had not updated.

56:08

So if you went to look for the information, it didn't even, I think it wouldn't even talk about civic districts.

56:15

If you go to the upper left on the black bar and it says home there, if you click on that, um, see what's changed.

56:30

There is a list of all of the ordinances that have been modified.

56:35

So if you were to click on one, um just pick anyone, Ryan, just click on one of those and that's supplemental.

56:56

Try them like if you click on the modified or the blue link.

57:02

And then kind of scroll through that, that should it kind of highlights the areas that were changed.

57:11

And generally there's an ordinance that's actually associated with it that you can click on to.

57:16

So it might be whatever our ordinance number would be for that particular one.

57:26

Uh but there isn't really a portal that keeps track of like from the city's website that says here are all the ordinances that have changed in the last three months.

57:38

Um maybe I'm not saying it right.

57:40

So the way that I understood that anything that changes that gets approval for change, then that gets submitted into what you're describing as the Uni Code code, yep.

57:56

And then they update the website with all of the new information which we see here, the modified information.

58:03

And what happened before is that that did not get updated in time for when that information was coming out for public hearing, and then that caused confusion.

58:19

We had a packed house because they were confused.

58:25

So what I'm just asking is do we have enough time to make sure that all the information gets out to the public to ensure that they have all the information to make you know their own decisions or after the ordinances approved.

58:44

So what will happen is so we have the so this is the ordinance here.

58:51

Um that was changing these sign ordinance.

58:55

No, this is the civic district right here.

58:57

So this is the ordinance for the civic district.

58:59

So what with the changes that we make, we draft an ordinance, and it'll look like this ordinance here will be ordinance twenty-six something that will be um presented to the city council for two meetings.

59:15

If they approve that, the ordinances then um published in the paper and on the city's website, and if it meets its 20-day um referendum period, it's then finalized and approved.

59:29

Then the Municode is updated.

59:32

Right.

59:34

It will take Muni code a couple of months to get everything updated.

59:37

So it won't, it's not like Municode will have it updated within a week of us getting through the referendum period.

59:44

But what they'll typically do is they will put um like an amendment there, there's a little highlight, and it's the actual scan copy of the ordinance that somebody can go on and click on to see.

1:00:00

Um as far as for coming to like the next planning commission meeting, um, we'll present the marked up version so people kind of what you've seen tonight so they can see what all the changes are, but then we'll provide a clean version so that uh they can read a clean version in its entirety, and if it's approved or recommended for approval, then we just we forward everything out of the planning commission to be forwarded to the city council so it'll be on the websites.

1:00:26

Uh the agenda packets, you know, we try and get the agenda packets posted online a week prior to the meeting with the city council.

1:00:34

They generally try and get them published online by Thursdays.

1:00:39

So it's about five days prior to the to the public hearing.

1:00:44

That's great.

1:00:45

Thanks for the education too.

1:00:46

Thanks.

1:00:53

All right.

1:00:54

Uh next item is uh item 6D, the 2025 annual report.

1:01:01

Uh Ryan, can you introduce that, please?

1:01:04

Yes, the last item is review and discussion of our 2025 annual report for the Board of Adjustment and Planning Commission.

1:01:14

This is a document that's prepared every year and is used for the uh Board of Adjustment and Planning Commission's presentation to the city council at the council retreat.

1:01:23

Uh this is a template that is used for every volunteer board and every volunteer board is required to submit their annual report in this format uh to the uh city council.

1:01:35

Um I'll just kind of go through what I have in a draft form here and feel free to discuss and add any changes that you'd like.

1:01:42

So the planning commission's primary function is to promote the health, safety, and general welfare of the community.

1:01:47

Its duties include proposing a comprehensive plan for the physical development of the municipality.

1:01:52

The planning commission makes recommendations to the governing body regarding various land use issues.

1:02:06

The board hears and decides variance requests to modify the strict application of the setback area, height, parking, or density zoning ordinance requirements.

1:02:15

That's uh written into our um ordinance.

1:02:18

That's you know, just description of the planning commission's functions.

1:02:23

Um getting into kind of our actual um review of the previous year.

1:02:29

Um key projects from the previous year, z civic zoning implementation is now a hundred percent complete.

1:02:36

The commercial corridor administrative slate plan reviews is also now a hundred percent implemented.

1:02:44

And we have uh another placeholder in here, planning commission training onboarding topic specific training.

1:02:51

We have that uh listed as 50 percent.

1:02:53

That's kind of always an ongoing thing, always looking for more topics to train on as needed.

1:03:00

Um I know last year and we did have some training on TIFF, and we did the tour around the community uh community to try to do some more on-site, you know, education and training.

1:03:13

Um we did a couple of um training sessions last year.

1:03:18

Um we'll continue to do that.

1:03:20

Um if there's anything specific that's desired.

1:03:23

I know later this month there will be uh a conflict of interest training on March 17th.

1:03:28

Um we kind of just keep that in there as a placeholder for you wanting to continue with training opportunities on an annual basis.

1:03:36

Uh looking through our successes of the previous year, and I really just kind of listed all the um development reviews that the Board of Adjustment and Planning Commission reviewed.

1:03:46

So there were actually 56 new residential lots platted, and the planning commission doesn't review the plots anymore, but I still keep the final plated lots on here.

1:03:56

It's kind of as a review of how our development has gone for the previous year.

1:04:00

There were 58 residential lots preliminary platted, which planning commission does review, uh, four preliminary plots, seven rezoning requests, four ordinance amendments, six conditional use permits, four commercial corridor design reviews.

1:04:15

Those came in before that administrative review was enacted.

1:04:19

One tax increment financing districts.

1:04:21

There were no initial development plans, however, there were three final development plans reviewed, four annexations, four comprehensive plan amendments, one joint jurisdiction zoning meeting, and the board of adjustment reviewed 24 variance requests.

1:04:40

I did leave the challenges and looking ahead mostly blank.

1:04:45

Um add to the looking ahead is um looking to possibly start doing quarterly development updates as we discussed on that tour of the community last uh summer or fall.

1:04:57

Uh that's something we'll try to start um adding into our agendas.

1:05:01

Just kind of a review of um where we're at quarterly for our our developments and continue reviewing and updated ordinance as needed.

1:05:10

So we've started that here already this year with a few ordinance proposals.

1:05:14

Um with that though, I'll end my um report on that and open up for discussions or any comments or additions.

1:05:21

You know, what do we want to uh look ahead to and what are some of the challenges that maybe can address through more training or other options?

1:05:34

A question I've got is um on these key projects, how how would they determine what those are?

1:05:41

Typically those are um aren't those our like the council uh strategic priorities typically those come from I think a lot of times it comes from the looking ahead section.

1:05:56

Looking ahead section.

1:05:57

And so in 2025, this is 2025 annual report.

1:06:01

So looking ahead in the 26th and 27, what are some items that as a planning commission you would like to address?

1:06:08

Um and so it's on the 2025 annual report next year.

1:06:12

That might be something that is part of the key projects on the 2026, and it may or may not be completed.

1:06:18

There may be some movement on it, or we maybe didn't get much movement on it, or there may be something that comes up mid year that takes priority for the planning commission, and they have to kind of switch gears and focus on something different.

1:06:33

So if there's something that you would like you know to look at, um we can certainly put it on here and and then uh as a planning as staff they'll try and provide the information uh support information, or there's something that you want to direct staff to work on.

1:06:52

You could certainly do that that way.

1:06:55

Mr.

1:06:56

Chair, one up one thing that I think came up last meeting, maybe the meeting for Commissioner Heinrich.

1:07:02

I think you brought it up was maybe expanding our evaluation of parking requirements.

1:07:07

Um we looked at that for businesses, but maybe we wanted to expand that further.

1:07:11

I can't remember where it fell short.

1:07:13

It was with the church project, but um, I thought that was a good point.

1:07:16

So I would and then you also brought up because we were talking about the oh the buildings on per square feet.

1:07:26

I may be getting all of this wrong.

1:07:29

It would because we approved something that was outside of it, and so we may want to look at that as well.

1:07:38

Yeah, how we maybe how we look at accessory structures and lots over acres.

1:07:49

Yeah, yeah, I forgot about that.

1:07:51

It's good.

1:08:00

One of the things that we also talked about, um, which I think that kudos to everyone for moving forward with doing some of those on-site trainings and some different things to expand our knowledge.

1:08:14

I wonder what is possible when we can um collaborate with other commissions or even the city council.

1:08:21

So are there opportunities, even if it's once a year or quarterly, or based upon the project to have you know not only the working of the network of the people, but then also the understanding of the work as well.

1:08:43

I think that's a great suggestion.

1:08:47

Yeah, just one uh comment, and then we can you know continue discussing.

1:08:59

Um, but there will be, I think, a pretty good training opportunity this summer for commissioners potentially.

1:09:05

Uh it's the Western Planner Conference in Sioux Falls.

1:09:09

Uh so the Western Planner Association, it's um you know uh an organization for um urban planning and land use for like a 12 state region or something, it's a large portion of the Western United States.

1:09:25

So the conference kind of goes from state to state uh annually, and this year it happens to be in Sioux Falls.

1:09:31

Uh so they'll have a lot of good sessions there.

1:09:34

Um so if there are planning commission members that are interested in going down, um being it so close, it'd be a great opportunity to go down and get some training from planning professionals.

1:09:46

That date is August 26th through the 28th.

1:09:50

Yeah.

1:09:51

August 26th through the 28th.

1:09:53

So I know it's kind of back to school time for some people.

1:10:00

But we're let us know if you're interested, we'll get you registered, we'll cover the cost of registration.

1:10:08

Once an agenda comes out, I'll try to get that out to everybody right away so you can see what kind of sessions there would be available.

1:10:19

Maybe it's implied in the quarterly development updates, but the the tour that we did uh earlier this year or last year, late last year was really effective, I think.

1:10:29

Love to see that happen again.

1:10:38

I got one more quick comment, and I think this goes back to the 2024 looking ahead items.

1:10:45

Uh I can kind of check most of those off in my mind.

1:10:49

What is the developer liaison appointment though?

1:10:56

I think there was it's kind of been a back and forth for a while, I think, on the planning commission.

1:11:04

Where is you know the development community's role in that?

1:11:09

Um should there be a developer on the planning commission to provide the development communities insight, or is it a conflict of interest?

1:11:19

And I think when we did lose um Commissioner Drew, I think that was kind of our last developer community representative, and so now we don't have somebody from that, you know, as you know, a true developer or deep into the development.

1:11:37

So is that something that um we want to consider again?

1:11:42

I think it's been kind of back and forth for a long time.

1:11:45

I I I did float that idea by the council.

1:11:49

Um they weren't real supportive of having developer even as of liaison.

1:11:56

We can certainly float it again.

1:11:58

Um they really were trying to uh get away from developers having any input on there just because of the conflict of interest that it presents.

1:12:10

Um to try and make sure that you know our boards are transparent and that I think that they were receiving some feedback that they felt like you know developers are getting preferential treatment at the planning commission because you know it's hard for uh a board member as a peer to turn down or to question what one of their fellow board members is proposing.

1:12:38

So they just I don't think they really wanted to enter back into that realm, even though I think there's some really good discussion that was brought up is the value of having uh liaisons to the board because they're the ones that have to deal with a lot of our regulations on a daily basis.

1:12:56

Um but uh the council wasn't real um intrigued by the thought of bringing a developer back on, even as a liaison.

1:13:07

I wonder if we could do that as part of like the quarterly development.

1:13:13

Like is there an opportunity that a handful, one or two or three developers could come in and even help us to understand start to finish.

1:13:24

What does that look like?

1:13:26

I I I don't know, maybe we could get a better understanding.

1:13:31

And um, I don't know where that that idea came from as far as the liaison, but it feels like it's a need for education or more knowledge.

1:13:42

So is that maybe a training opportunity?

1:13:45

We could see if we could get a developer that'd come in and just say, hey, can you run the planning commission through what you go through to get your project from start to construction?

1:13:54

Yeah, I think that something that would maybe be of interest if we could find somebody that I think it would be interesting.

1:14:01

I'd find a lot of value in that personally.

1:14:04

One developer or a panel of developers, let them air out what you know, some improvements that they could see happening, or just walk us through the process.

1:14:15

Yeah.

1:14:16

Yeah, they spend significant time and resources to even get to the point of talking with staff with about a project before they even get to the public presentation aspects of it.

1:14:30

So yeah, we could see if we can find some maybe get a couple of developers to come in and talk to planning commission, maybe do it in a little bit more less formal setting, make it a little bit more informal so you can have QA with them.

1:14:45

Okay.

1:14:50

I know that's a few years the DRT has been on as a challenge.

1:15:00

And so I think that's still an opportunity, and maybe that's where some of these ideas for training or transparency and knowledge is really important because it still seems I don't know, mystical what happens in DRT, and then we get the information that says, you know, staff approval.

1:15:16

And so it I just wonder how might we um figure out how to get relevant information to help us make informed decisions.

1:15:28

And that could be the chair is uh the one that is accessible to DRT, or that the chair and the vice chair have you know some sort of summary that comes out of that.

1:15:43

I just feel like that that is a part two that um is the unknown and feels like that we're just at the kind of the mercy of whatever happened or didn't happen behind there, we're not sure.

1:15:57

And it's a big part I know of the process, the entire of the process.

1:16:02

And it for me, it feels like that we're left in a place of unknowing.

1:16:07

And so just having a little bit more of that collaboration and transparency would be super helpful.

1:16:15

It just seems like a problem or a challenge that's been here for a while that we haven't solved.

1:16:19

Has everybody here um seen the DRT presentation to city or to the to the planning commission.

1:16:27

I think Jacob Meshke, the former uh deputy city manager would do like a introduction and description of what DRT is and what do they do?

1:16:39

I think we can probably get that on the agenda.

1:16:41

I think we know somebody who has uh who's in um running the DRT meetings now.

1:16:47

So Mike is our current DRT coordinator.

1:16:51

Mike Strzok is our current currently a person.

1:16:54

We've actually discussed this.

1:16:57

Um one of the big hiccups for us right now is um we gotta be careful with ex parte communication with planning commission members.

1:17:06

One of the things we're leaning towards is we could invite um um members to attend a DRT, but it won't be an actual development proposal because uh we don't want to get into that ex parte communication where you're seeing information that the public isn't privy to and that could potentially influence your decision here because you know a lot of this the background information, the the staff discussions that occurred with it.

1:17:35

Um, but I'm not sure how interesting it would be for you to sit there and observe a DRT meeting where we're talking policy or you know, like an ordinance change like tonight.

1:17:46

I think the value would really be in seeing you know how we, you know, I think there's 13 or 14 different staff that are providing feedback on a proposal that comes before us.

1:17:59

So like the the gentleman that came tonight with the preliminary plan rezoning went through DRT.

1:18:04

And so just to give you a rundown is we kind of got a checklist.

1:18:08

We start with um usually we make Ryan go first from kind of a high-level zoning, you know, is it comply with the comp plan, the zoning, you know, is it specific things, and then we'll move into generally we move into drainage.

1:18:27

Um so the city engineers are commenting, then we get into the utilities, so we have the water, the wastewater, the electric, um telecommunications, fiber, then we get into fire.

1:18:39

Um it sounds like now we're gonna be adding a police officer to it because they're looking at things from a different perspective from public safety access, site lines, visibilities, so they're gonna start helping with some of the review, get into solid waste collections, um, street right-a-ways trying to go through the checklist in my head.

1:19:03

Um so we run through all of these on not everything applies to every project.

1:19:08

Um, but I think we could figure out some way to massage this.

1:19:14

Um we're just really cognizant about you know not putting you in a difficult position where you have to now ex uh recuse yourself from the discussion at the planning commission because you participated.

1:19:28

And maybe it's something that um the conflict of interest training we can maybe pitch to city attorney is what if they were to sit in a different room and just observe, but do not have the ability to comment, but you know, we do them virtually and in person, and we do a hybrid model, and maybe if you just sit and observe it from a room, um, you're not able to actually comment on anything, but you can just watch kind of how we interact and go through a project, the level of detail that we go through.

1:20:00

I I know I would be open to all kinds of ideas.

1:20:03

We can we can uh we can see check with Vince just to see if it's any concerns.

1:20:12

And then the only other thing is is um, you know, we might only invite in a couple at a time, just we don't want to run into quorum issues, but then um we also don't want to overwhelm our applicants too much.

1:20:25

It's kind of overwhelming already if all 14 of us show up.

1:20:28

So everybody's got a specific area that they you know are uh requesting to provide feedback on so that we you know the whole goal is to try and make sure you have a very well planned coordinated project and that you know departments are actually talking amongst themselves so that we don't have a conflict between the storm water and you know the water and wastewater utilities or electric or things like that, try and coordinate and prevent costly redesigns or fixes.

1:21:04

So that preliminary plat item that was on the agenda tonight.

1:21:08

Uh they mentioned that the parks department requested a trail connection down to that uh Dakota Nature Park Trail through that COLISEC, the end of the call sec.

1:21:17

That's an example of how uh with the DRT, all the departments got together and the parks department was able to review this plan and and know that there was an opportunity for that trail.

1:21:26

Just a way to get all the departments reviewing things and helping uh provide better planning for these developments.

1:21:36

Right.

1:21:37

But yep, and it's um it's always been just more internal uh staff collaboration, but understand your point of yeah, the bottom commission.

1:21:47

I'm getting to take a look at that too.

1:21:52

I've got all kinds of things.

1:21:54

The onboarding has also been on for a while.

1:21:58

And I wonder if we could look at onboarding in a different way.

1:22:02

While I appreciate you know the all-encompassing everybody come in and you know, meet the city manager and those types of things.

1:22:09

Is there something specific we could do for like 30 days you have a mentor or a buddy or something that can help you kind of learn the ropes?

1:22:22

I think we're open to anything.

1:22:24

I think it's a requirement.

1:22:25

You know, you have to do the introductory onboarding with the city manager, city clerk and stuff.

1:22:33

But when it comes to, you know, once you get through that, I think we're certainly open to what you feel would work best as new members come on to the planning commission and kind of whether it's the mentor or just sitting down and showing them how to find all the ordinances and the maps and things online, which brings me up to another point is we did update our maps on our online portal, so they're now more interactive.

1:23:04

Before they were just static where you could go and open one.

1:23:07

Now you can go there and you can um pick and choose which layers you want to see, kind of look at the layers up in the upper right corner.

1:23:15

I think Ryan's working his way there, so it's much more interactive and in my opinion, probably more user-friendly, and you don't have to like, oh, I can just see the zoning map, but I can't turn the zoning layer off and put on the future land use or overlay them or see where the floodplain is and things like that.

1:23:33

So this is the map, and uh along the upper right, there's layers, legends, base maps and stuff.

1:23:41

But if you go to the layers and click on that, and then there's boundaries, parks, streets.

1:23:44

You can go in and toggle and you can turn on and off those eyes so that you can it's much more interactive, simpler, more user-friendly.

1:23:57

Um and then one of the things with that map too is we have our annexations on there, and we're trying to as we annex, we're actually attached in the resolution so that you can see the year that it's annexed and the documentation just to make it easier to track that over time.

1:24:13

Some of the stuff back in the core, it's hard to find the documentation on that, so we kind of are uh but you can click on the PDFs.

1:24:23

Um, likewise when we do rezonings, we're attaching the rezoning ordinance to that too, so that the ordinance is there, it shows the dates, the documentation, so that um if the public's interested, they can they can find that.

1:24:36

And that's all through GIS.

1:24:38

Yeah.

1:24:38

Wow, as a map geek, this is really awesome.

1:24:42

Oh my gosh, this is way better than when I was pulling maps before.

1:24:45

Oh my gosh, way better.

1:24:50

Yeah, and like this is the kind of stuff that I think that during that onboarding process um is relevant and really important for especially us to know how to navigate and then also to be we uh you know part of the community when they're asking as well.

1:25:08

We can kind of field those questions and help us and not just point them to you or Ryan.

1:25:16

I would say as far as onboarding goes.

1:25:33

So it was a little late, and it was pretty lackluster as far as like information.

1:25:40

So I was appreciative to Jacob and uh Billy for kind of reaching out after the fact.

1:25:46

So I think there could be a lot more.

1:25:48

Yeah, I I don't think they really allot much time for the individual boards and commissions to interact with new members during that onboarding.

1:26:00

I think it's more we have to set it up after that.

1:26:03

That's just here you're going over the code of ethics and things like that that they're I just I didn't even know we sat up here.

1:26:12

Like I you had to find me in the audience, so I didn't had no idea what was going on.

1:26:18

So just an FYI.

1:26:20

Yep, no, we appreciate that feedback.

1:26:22

So it's good.

1:26:23

We can always improve.

1:26:26

And I uh just for clarity, I also think that's something that we could own partly in collaboration with all of you as a commission, because I know that other boards do different things for their onboarding and support um of their members.

1:26:40

So it's something that we could we can also do.

1:26:44

I'm looking to the chair who's not listening to me.

1:26:52

He's listening.

1:26:53

He is not.

1:26:56

What did you say?

1:27:10

So what happens with this annual review now?

1:27:13

Well, um, you know, I'll unless there's anything else to add to it.

1:27:18

Um I'll add in the items that we discussed to that, and then send it off to the city clerk.

1:27:28

Uh that it gets added on to you know, the pile of the inner reports from the the volunteer boards, and as I mentioned, uh the uh chair has the role of presenting this to the city council at the council retreat, which I don't think has been scheduled yet.

1:27:42

It's typically a thought in the spring, but it was in the fall last year, so um not sure when it'll be this year, but um you'll get plenty of notice for when that is scheduled for, and then you'll have a completed version of this kind of to guide you through the presentation.

1:27:59

Mike is also there at the council retreat.

1:28:04

I'm not sure when it's gonna be this year.

1:28:06

They like to they used to do it in the spring, and then it was like, well, our elections are in April, they take office in May, so do you do it before?

1:28:15

Do you do it after?

1:28:16

And then they're kind of like, well, the fall works because you give them a few months to kind of get into the groove of things.

1:28:22

Well, now I think our elections are moving to November.

1:28:26

So I'm not sure what they're gonna do.

1:28:28

We'll keep you informed.

1:28:33

Um, and then the training on the 17th, it'll be in this room.

1:28:37

Um, historic preservation planning commission and city council have all been invited.

1:28:42

It will be um televised and available live streamed on our web and it'll be recorded.

1:28:48

So it'll be available if you can't make it.

1:28:51

Um I'm not gonna be here this night, but I will probably watch it from yonder, um, and then just be available for any questions that follow up and and really feel free to interact with Vince.

1:29:08

He's good.

1:29:08

He's presented this with the South Dakota Municipal Lawyers Association.

1:29:13

So he just did this last fall, I believe.

1:29:16

So he's real familiar with it.

1:29:24

Well, I think um at this point, we'll entertain a motion second to adjourn.

1:29:32

So moved.

1:29:36

Seconded.

1:29:38

We are adjourned.

1:29:40

Thank you.

Discussion Breakdown — Share of Meeting
Engineering And Infrastructure█████████████████████████████████33%
Affordable Housing██████████████████████22%
Procedural███████████████15%
Planning Commission███████7%
Training And Development█████5%
Community Engagement█████5%
Municipal Code Management████4%
Technology and Innovation████4%
Transportation Safety██2%
Summary of Proceedings

Brookings Planning Zoning Commission Meeting - March 3, 2026

The Brookings Planning Zoning Commission convened on March 3, 2026, at 11:30 AM. The meeting included a Board of Adjustment session and a Planning Commission session. Key actions included approval of two variance requests for Clint Anderson, a rezone and preliminary plat for Bluegill Inc., and discussions on home occupation ordinance amendments and the 2025 annual report. No public comments were made during the open forum.

Consent Calendar

  • Unanimous approval of the agenda and previous meeting minutes without discussion.

Public Comments & Testimony

  • Item 5A – Variance Request (Clint Anderson): Sean Storhawk, a neighboring business owner, spoke in favor, stating he has rented adjacent property since 2013 and had no issues with the applicant's operations. He supported the proposal, noting similar variance challenges on his own property. No opposition was voiced.

Discussion Items

  • Item 5A – Variance Request for 108 & 118 Front Street: Staff (Ryan) presented a request from Clint Anderson for two variances on a property in the I2 heavy industrial district: a reduced front yard setback (7.8 feet vs. 40 feet required) and a reduced rear yard setback (9.6 feet vs. 20 feet required). A prior variance for the rear setback existed for 118 Front Street. The applicant plans to expand an existing building to the west for wheelchair accessibility. Staff recommended approval based on special conditions, unnecessary hardship, and minimum variance needed. The board asked questions about the significance of the reductions and the rationale for the 7.8-foot dimension, which the applicant said was to align with the existing car wash building. The motion to approve both variances passed unanimously (6-0).
  • Item 6A – Rezone (Bluegill Inc.): Staff presented a request to rezone portions of Bluegill 2nd and 3rd Editions from Agricultural (AG) and R1D to R1D and R3. The area is on the southern end of Ace Avenue and Lucerne Avenue, intended to align with a revised preliminary plat. Staff recommended approval. Public testimony included comments from Wade Price of Bluegill Inc., who confirmed plans to extend 23rd Street to 22nd Avenue. Commission members noted the continuity of R3 zoning to the north. Motion to approve passed unanimously (6-0).
  • Item 6B – Preliminary Plat (Bluegill Inc.): A preliminary plat for the same area, creating blocks and lots zoned R1D and R3. Staff recommendation was approval. Discussion included questions about a drainage lot (Lot 1 of Block 4) and a flagpole lot (Lot 6) due to odd shape. The applicant noted a parks department request for a trail connection, which they supported. Motion to approve passed unanimously (6-0).
  • Item 6C – Home Occupation Ordinance Amendments (Discussion Only): Staff presented proposed changes to Section 94-362, introducing three categories: no impact (no permit, allowed by right), minor home occupation (administrative permit), and major home occupation (conditional use). Key revisions included removing internet-based business language, adding general standards (signage, sales, inventory limits, prohibited activities), and clarifying storage limits. The item was for discussion only because a required public notice was missed; action is scheduled for April. Commissioners praised the clarity and flexibility of the revised framework, particularly the no-impact category for teleworkers. Questions arose about enforcement of vague language (e.g., "internal alterations not customary in a dwelling unit") and dissemination of changes to the public. Staff explained the adoption process (public hearings, ordinance, Municode updates) and confirmed existing home occupations would not be affected.
  • Item 6D – 2025 Annual Report Discussion: Staff presented the draft annual report for the Board of Adjustment and Planning Commission, highlighting key projects (100% completion of Civic Zoning implementation, 50% completion of training), development statistics (56 new residential lots platted, 58 preliminary platted, 4 preliminary plats, 7 rezones, 24 variance requests reviewed, etc.), and challenges such as maintaining developer liaison roles and improving onboarding. Commissioners discussed adding parking requirement evaluations, accessory structure standards, quarterly development updates, collaboration with other boards, and training opportunities (e.g., Western Planner Conference in Sioux Falls, August 26-28). The annual report will be finalized and presented at a future council retreat.

Key Outcomes

  • Item 5A: Variances Approved – Motion to approve both reduced front and rear yard setbacks for Clint Anderson (108 & 118 Front Street) carried unanimously (6-0).
  • Item 6A: Rezone Recommended for Approval – Motion to recommend approval of the rezone to the City Council carried unanimously (6-0).
  • Item 6B: Preliminary Plat Recommended for Approval – Motion to recommend approval of the preliminary plat to the City Council carried unanimously (6-0).
  • Item 6C: Home Occupation Amendments – No action taken; public hearing scheduled for April 2026.
  • Item 6D: Annual Report – Discussion concluded; staff will incorporate commissioner feedback and present to council at an undetermined date.
  • Future Items: Conflict of interest training scheduled for March 17, 2026; Western Planner Conference August 26-28, 2026; potential quarterly development updates and developer panel discussions.

Meeting Transcript

All right, we're gonna get started. Um, welcome to the City of Brookings Planning Zoning Commission meeting. Uh Brian, can you call a roll? Roll as noted, we do have Letty Jameson and Schmeichel absent. Thank you. Entertain a motion for approval of the agenda. So move. So any discussion on the agenda. All in favor signify by saying aye. Aye. All opposed. I'll entertain a motion for approval of the minutes. So moved. Second. Thank you. Any comments on the corrections to the minutes. Uh seeing none of all in favor say aye. Aye. Aye. All opposed. Okay, we'll move on to item four, the open forum. This time any member of the public may make a brief announcement or invitation, request time in the agenda for an item not listed. Uh items to be added to the agenda will be scheduled at the end of the meeting. Any requested action items may be scheduled for a future date. All right. Seeing none, we'll convene now is the Board of Adjustment. 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 a 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 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 zoning requirements where special conditions existing on the land will result in unnecessary hardship for the applicant. Next item on the agenda is uh 5A, a variance request. Notice hereby given that Clint Anderson has made a request for two variances on lot six, excluding the West 40, all of Lot 7 and Lot 8 of Railroads addition, also known as 108 118 front street. The first request is for a reduced rear yard setback. The second is for a reduced front yard setback per section 94-137. The minimum rear setback is 20 feet, and the minimum front yard setback is 40 feet. Ryan, can you introduce a topic? Thank you, Mr. Chair. The first item on the agenda is a set of variances for eight oh or one oh eight and eight eight eleven eighteen front street. Uh the applicant is Clint Anderson. This is located in an industrial I2 heavy district. There are two requests here. Uh one for a reduced front yard setback. Uh the request would be for a 7.8 foot front yard setback when 40 is required. And the second request is for a reduced rear yard setback of nine point six feet when 20 feet is required. Staff recommendation for the variance of approval. Due to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and the 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.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com