OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Brookings Planning Commission Meeting – August 4, 2026: Variance, CUP, and Plat Approved

Meeting PortalTuesday, August 4, 2026
BodyBrookings, South Dakota
SessionMeeting Portal
DateTuesday, August 4, 2026
StatusNEW · FILED
Video Record
0:00 / 34:08
Transcript — Verbatim
1:44

Good evening.

1:44

I'll now call this uh meeting to order.

1:47

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

1:50

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

2:04

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

2:13

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

2:16

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

2:19

Those supporting the motion shall in turn give their reasons.

2:22

Those opposing the motion shall then offer their reasons.

2:25

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

2:36

Item number one roll call, Ryan, we call roll.

2:40

Roll is noted with Schmeichel absent.

2:45

Thank you.

2:46

Item number two approval of the agenda.

2:50

Can I get a motion in a second?

2:52

Move to approve.

2:54

Second.

2:57

And Schmeichel is now present via conference phone.

3:01

Okay, we have a motion and a second to approve of the agenda.

3:05

Uh all in favor signify by saying aye.

3:08

Aye.

3:08

All opposed, same sign.

3:11

All right, thank you.

3:12

Item number three, approval of the July seventh, two thousand twenty-six minutes.

3:17

Can I get a motion and a second motion to approve, Heinrich?

3:24

Second, Ron.

3:27

Thank you.

3:28

Uh any changes or additions to the minutes.

3:32

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

3:36

Aye.

3:36

All opposed, same sign.

3:39

All right, moving on to item number four open forum.

3:43

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

3:51

Items to be added to the agenda but will be scheduled at the end of the meeting.

3:55

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

4:22

Disclosure of conflicts of interest relationships to the applicant or ex parte communication.

4:32

Seeing none, we'll move on to uh item six and now convene as the board of adjustment.

5:00

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

5:06

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

5:13

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

5:16

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.

5:28

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

5:38

First item on the agenda for the plan for the Board of Adjustment is a front yard setback variance.

5:45

Ryan, can you introduce the topic?

5:49

Thank you, Mr.

5:50

Chair.

5:50

The first item is a variance on lots two and three in block five of Branch Creek addition.

5:56

The applicant is banner associates in.

5:59

The lots are located in a residence R3 apartment district.

6:03

Request is for a 19-foot front yard setback.

6:06

Section 94 127 F requires a 20-foot front yard setback in the R3 district.

6:14

The staff recommendation is approval.

6:15

And the Board of Adjustment's action would be to approve, amend or deny.

6:21

For variances, Section 6615 applies.

6:24

Hearing and deciding petitions for variances, conditions.

6:28

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 potential justice may be achieved as a result of the variance.

6:39

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

6:44

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

6:52

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.

7:00

The lots in question are in the red outlined box, uh kind of in the central portion of the branch creek edition on the corner of uh Oak Branch Drive and Spring Street.

Discussion Breakdown — Share of Meeting
Conditional Use Permit█████████████████████████████████████████████48%
Procedural███████████████████████████████████37%
Future Land Use████████9%
Technology and Innovation███3%
Planning Commission██2%
Disability Rights1%
Summary of Proceedings

Brookings Planning Commission Meeting – August 4, 2026

The Brookings Planning Commission and Board of Adjustment met on August 4, 2026, at 5:30 PM in the Chambers Room of the Brookings City & County Government Center. The commission considered three action items: a variance for a front yard setback, a conditional use permit for an office, and a preliminary plat for a subdivision. All items were approved unanimously. A subcommittee proposal on onboarding and training was added to the next agenda.

Consent Calendar

  • Approval of Agenda – Motion carried unanimously.
  • Approval of July 7, 2026 Minutes – Approved without changes.

Public Comments & Testimony

  • Variance – Front Yard Setback (Branch Creek Addition): James Drew of Car True Construction, the general contractor, testified that a one-foot setback error occurred due to a file translation issue between the architect and surveyor. He emphasized that the development is an affordable housing project and that correcting the error would negate the affordability. The architect, Angie Barsman, explained the file conflict. No public testimony in opposition.
  • Conditional Use Permit – Office (1103 3rd Street): Andrea, the applicant and future owner, stated she would operate a counseling office with two counselors. She confirmed that the existing dwelling would be converted and an ADA ramp added. No public testimony in opposition.
  • Preliminary Plat (Legacy Addition): Justin Booker of Banner Associates, representing the developer, said the plat covers approximately 53 acres and that staff’s description was accurate. No public testimony in opposition.

Discussion Items

  • Variance – Front Yard Setback (Board of Adjustment): Staff recommended approval of a 19-foot front yard setback (20 feet required) for Lots 2 and 3 in Block 5 of Branch Creek Addition, an R3 district. The variance was needed because two townhouse units were built one foot too close to the front lot line due to a drafting error. Commissioners questioned the hardship definition and future prevention. The board voted unanimously to approve.
  • Conditional Use Permit – Office (Planning Commission): Staff recommended approval with a limit of two office suites for converting a single-family home at 1103 3rd Street into counseling offices, located on a collector street (3rd Street) in an R2 district. Commissioners asked about parking, the ADA ramp compliance, and whether a rezone would have been appropriate. Staff noted the CUP was the best fit to avoid spot zoning. The commission voted unanimously to approve with the two-suite limit.
  • Preliminary Plat – Legacy Addition (Planning Commission): Staff recommended approval of the preliminary plat for 10 lots on about 53 acres in an I-1 district. The plat includes a proposed 36th Avenue extension and requires off-site drainage retention and SDDOT approval for access to US Highway 14. Commissioners asked about city infrastructure commitments (maintenance of future streets and utilities) and the future connectivity of 36th Avenue. Staff confirmed developer-funded construction. The commission voted unanimously to approve.
  • Subcommittee Report (Onboarding/Training): Commissioner Schmeichel requested adding a subcommittee proposal to the next meeting’s agenda. Staff confirmed it would be included.

Key Outcomes

  • Variance – Branch Creek Addition: Approved unanimously (8-0) by the Board of Adjustment.
  • Conditional Use Permit – 1103 3rd Street: Approved unanimously (9-0) with the condition of a maximum of two office suites.
  • Preliminary Plat – Legacy Addition: Approved unanimously (9-0) by the Planning Commission as a recommendation to the City Council.
  • Next Meeting: Scheduled for Tuesday, September 1, 2026. A joint Board of Adjustment meeting (8:30 PM) for a stable conditional use permit renewal was also noted.

Meeting Transcript

Good evening. I'll now call this uh meeting to order. I'd like to welcome those in attendance at tonight's meeting. City Planning Commission is a nine-member commission whose function is to make recommendations to City Council regarding requests uh for land use classification changes, subdivision plats, conditional use permits, zoning ordinance amendments, and other matters. The commission makes the recommendation based on the adopted comprehensive plan for the physical development of the city of Brookings and the surrounding area. As a matter of policy, all motions are made in the positive. After a motion is moved and seconded, it is open for debate. Those supporting the motion shall in turn give their reasons. Those opposing the motion shall then offer their reasons. After everyone has been given a chance to be heard, the commission shall review the testimony and information presented, make findings of fact and forward their recommendation to the city council. Item number one roll call, Ryan, we call roll. Roll is noted with Schmeichel absent. Thank you. Item number two approval of the agenda. Can I get a motion in a second? Move to approve. Second. And Schmeichel is now present via conference phone. Okay, we have a motion and a second to approve of the agenda. Uh all in favor signify by saying aye. Aye. All opposed, same sign. All right, thank you. Item number three, approval of the July seventh, two thousand twenty-six minutes. Can I get a motion and a second motion to approve, Heinrich? Second, Ron. Thank you. Uh any changes or additions to the minutes. Seeing none, uh all in favor signify by saying aye. Aye. All opposed, same sign. All right, moving on to item number four open forum. At this time, any member of the public may make a brief announcement or invitation or request time on the agenda for an item not listed. Items to be added to the agenda but will be scheduled at the end of the meeting. Any requested action items may be scheduled for a future meeting date. Disclosure of conflicts of interest relationships to the applicant or ex parte communication. Seeing none, we'll move on to uh item six and now convene as the board of adjustment. 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. First item on the agenda for the plan for the Board of Adjustment is a front yard setback variance. Ryan, can you introduce the topic? Thank you, Mr. Chair. The first item is a variance on lots two and three in block five of Branch Creek addition. The applicant is banner associates in. The lots are located in a residence R3 apartment district. Request is for a 19-foot front yard setback.

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