Planning & Zoning - Regular Meeting

2026 Brookings County Planning and Zoning Commission meeting. This meeting is being recorded, televised, and viewable on Swiftel Channel 19, ITC Channel 168, or the Brookings County YouTube channel. I now call this meeting to order. First item on the agenda, approval of minutes. Is there a motion? So moved. Troyan. Motion by Troyan. Is there a second? Second. Second by Vanderwal Kyle. All in favor? Motion passes. Items to be added to the agenda by commission members or staff. I do not have anything, sir.

Nothing. Invitation for citizens to schedule a time on a commission agenda for an item not listed. Seeing nothing. Disclosure of conflicts of interest, relationship the applicant or exparte communication. I need to recuse myself from plat 005. Okay. I need to remove myself from uh CU 006. Okay. Anything else? Sounds good. Approval of agenda. Is there a motion? So move Pollson. Motion by Pollson. Is there a second? Second. Second by Clark. All in favor? I. Motion passes.

We will now convene as the Brookings County Planning and Zoning Commission. The Brookings County Planning Commission is a nine-member commission whose function is to recommend approval or disapproval of land use plans, zoning ordinances, subdivision plans, and amendments thereof to the Brookings County Commission. The commission makes its recommendation based on adopted comprehensive plan for the fiscal development of the unincorporated areas of Brookings County. As a matter of policies, all motions are made in a positive. After 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 make a recommendation for approval or disapproval based on the testimony and information presented. A simple majority vote of a quorum of members of the planning and zoning board in attendance is required to forward a motion. Agenda item 2026 plat 004 plat of lot 14A in block one of the count of country club estates in the southeast 1/4 of the northeast 1/4 of section 28 township 109 north range 50W of the fifth prime rating Brookings County South Dakota. Is there a motion?

So moved. Motion by Kyle Vanderwal. Is there a second? Second. Second by Pollson Richard. The staff report.

Yes. 2026 plat 004 Tyler Anderson or PL or vacating lots 14 and 15 and combining the two lots into one into lot 14A uh containing 51,699 square ft. Uh lots 14 and 15 were originally planted on July 11th, 2007 and the lot exceeds uh the two 20,000 square feet requirement for the Lake Park district and the plant meets the Brookings County subdivision ordinance and the Lake Park ordinance requirements. This is a proposed plat. The dotted line is where the original two lot lines were dividing the two 14 and 15. Here's the the the proposed plat on the beacon map. The blue line is where the original lot line was and they've combined that into one lot into 14A. This is the original plat. This is a beacon maps with lot 14. Lot 15 is showing. And that's all that I have. And I don't believe the applicant is here this evening. Thank you, Richard. If the applicant isn't here, we'll move to the public hearing portion. Is there anybody in the audience that is for this? Seeing and hearing none, is there anybody in the audience that is opposed to this? Seeing hearing none, we'll now close the public hearing portion. Is there any additional comments or questions for members of the board?

Seeing none, Richard, would you call a vote? Kelly Vanderwal. Hi. Tim Pollson, I Cody Clark, hi. Daryl Klein John. Hi, Kyle Vanderwal. I Markinby I Neil Troyan I Justin Degrroot I Chad Ford I motion passes. Moving on to agenda item 2026 plat 005 plat of Panto edition in the southwest 1/4 of section 7 township 119 or township 19 north should that be 119

109 109 109 north range 47W of the fifth primary in Brookings County South Dakota is there a motion so move motion by Pollson is there a second second

second by Tryan Richard would read staff report. All right. Yes. Plat 20 2026 plat 005 the Pontto family revocable living trust are platting off 5acre parcel adjacent to an existing farm said as allowed in article 5 general requirement section 5.1503 existing farmstead exemption B as a special permitted use of the Brookings County zoning ordinance. The 5acre partial is for a family member actively engaged in the farming operation and the plant meets the planning requirements of the 2016 comprehensive plan for the unincorporated areas and found on page 24 for the agricultural land use. This is a proposed plat. There's a proposed plat on the beacon map on the beacon overlay. This is the existing homestead over there. Here's the beacon map showing the whole quarter. This is the existing farmstead. This is where the five acres will go right here. That's all that I have. And the applicant is not here this evening.

Thank you, Richard. When the applicant isn't here, we'll move to the public hearing portion. Is there anybody in the audience that is for this? Seeing and hearing none, is there anybody in the audience that is opposed to this? Seeing and hearing none, we'll now close the public hearing portion. Are there any additional comments or questions from members of the board? Seeing hearing none, Richard, would you call a vote? Tim Pollson, I. Cody Clark, I. Daryl Klein John, hi. Kyle Vanderwal. Hi Mark Joinby. Hi Neil Troyan. Hi Dale Stohog. Hi Kelly Vanderwal.

Hi. And Chad Ford I. Motion passes. Moving on. Agenda item 2026 plat 006 plat of lot 15 and block one of Paradise Point edition in government lot 2 section 22 township 112 north range 47W of the fifth primary in Brookings County South Dakota. Is there a motion? Motion by Clark. Is there a second? Second.

Second by Kyle Vanderil. Richard, would you read the staff report? 2026 plat 006. Lake Dreams LLC has submitted a plat for lots 15 with 20 26,237 square ft exceeding the minimum requirement of 20,000 square ft. The preliminary plant was approved on August 7th, 2007. And this is lot non-lakefront lot and currently has an accessory building on it and originally was part of a 2.27 acre green space in the development. The owners are platting off the area with the accessory building with space for possible future reference. The plant meets the requirements of the Brookings County subdivision ordinance, the Lake Park zoning ordinance, and the 2016 comprehensive plan for the undeveloped uh lake park areas. Get back to the right report here. This is a proposed plat right here in the dark areas. Here's the plat proposed plat on the beacon overlay and beacon map. This is a existing accessory building. There is room right in this area and still meet the setbacks to build a small residence if they would so choose. This is a beacon map. It was originally part of the circle roundabout. Went way out to here. Now it's going to come up right in this area right here. That's all that I have. The applicant is not here this evening. Thank you, Richard. Since the applicant isn't here, we'll move to the public hearing portion. Is there anybody in the audience that is for this? Seeing and hearing none, is there anybody in the audience is opposed to this?

Seeing and hearing none, we'll close close the public hearing portion. Is there any additional comments or questions from members of the board? Seeing and hearing none, Richard, would you call the vote? Cody Clark, hi. Daryl Klein, John, hi. Kyle Vanderwal, hi. Morph Jordan. Hi. Neil Troyan, hi Justin Degrroot. Hi, Kelly Vanderwal. Hi, Tim Pollson. Hi, and Chad Ford. I motion passes.

Moving on. Agenda item 2026 plat 007 plat of lots 1A and 2A of Hafner null edition and government lot 3 and section in the southeast 1/4 of the southwest 1/4 section 22 township 112 north range 47W of the fifth primary in Brookings County, South Dakota. Is there a motion? Motion by Clark. Is there a second? Second. Who had that? Second by Dro. Richard, would you read staff report?

Yes. 2026 plat 007 Lake Dreams LLC has submitted a plat for lots 1A and 2A meeting the minimum minimum size requirement of 20,000 square feet. The lots were originally platted on April 9th, 2004 and they were vacated in October 11th, 2006. The plat is they are platting the lots that were there back to their original size as the lots were non lakefront lots and it does meet the requirements of the subdivision ordinance and the lake park zoning ordinance in the 2015 2016 comprehensive comprehensive plan for the developed lakes on existing land use. Here is the plat showing these these two lot 1A and 2A. There's the the lots on the beacon map overlay. Here's the beacon map with showing the it's all one big parcel. Now they're going to they went back to one big parcel. Now they go back and make these two lots right here. like they originally were. That's all that I have and the applicant is not here this evening.

Thank you, Richard. Since the applicant isn't here, we'll move to the public hearing portion. Is anybody audiences for this? Seeing and hearing none, is there anybody in the audience that is opposed to this? Seeing hearing none, we'll close the public hearing portion. Move to the board. Is there any additional comments or questions from members of the board? Seeing and hearing none, Richard, would you call the vote? Daryl Klein John. Hi. Kyle Vanderwal. Hi. Mark Jordby. Hi. Neil Troyan. Hi. Justin Degrroot. Hi. Kelly Vanderwal. Hi. Tim Pollson. Hi. Cody Clark.

Hi. And Chad Ford. Hi.

Motion passes. Moving on, we will now convene as the Brookings County Board of Adjustment. The Board of Adjustment is a nine-member board which has the power to hear requests for variances, conditional uses, and appeals of the nominatorial decisions of the zoning officer. The concurring vote of a twothirds of the full board membership of the board. Six votes is necessary for approval of a variance or an appeal of the zoning officer. The concurring vote of a simple majority of those board members present in voting is ne necessary for approval of a conditional use permit. In accordance with Robert's rules or order require a motion to approve a request before the request can be debated as a matter of policy. All motions are made in a positive. The board under specific powers granted to it by the state state shall authorize variances from zoning requirements where special conditions existing on the land will result in an unnecessary hardship for the applicant. Financial disadvantage to the property owner shall not constitute proof of an unnecessary hardship. Agenda item 2026 CU002. Christopher Jurns has made an application 2026 CU002 to the Brookings County Board of Adjustment for Conditional Use permit article 4 District Requirements Chapter 4.01A agricultural land district section 4.01.04 conditional use number 31 dog kennel. The property is described as the north one half of the northwest 1/4 of section 7 township 112 north range 48W Oak Lake Township located at 47809 197th Street Atoria South Dakota 57213. Is there a motion?

So moved. Motion by Klein John. Is there a second? Second by Kelly Vanderwal. Richard, would you read the staff report?

Yes. 2026 CU00002 Christopher Jurns has applied for conditional use number 31 for a dog kennel to provide 247 365 a year temporary dog boarding at his residence for up to 20 dogs. The property is on 78 acres with his residence has a detached garage and a storage building. If approved, he will construct a new 30x40 building with a fenced run lot for the boarded dogs boarded dogs to be used as the kennel. The property is located at the intersection of 478th Avenue, which is Brookkins County Blacktop Road number 25, and 197th Street, which is Brookkins County Blacktop Road number 40. The driveway is on 197th Street, and there's a large yard with adequate space for drop off, pickup, and parking areas for six or eight cars. The applicant's business plan is attached, and the plans on being open from 6:00 a.m. to 6:00 p.m. daily. The zoning office has reviewed the documents and made a site visit to the proposed location. Public notices were published in the Brookings Register on April 21st and 28th, 2026, and the White Tri City Star on April 23rd and 30th, 2026. Letters were sent to the adjoining land owners, the Oak Lake Township Chairman and Clerk, and the Brookings County Highway Department. Here is the applicant's conditional use application. Is there a site plan the driveway house off to the right straight ahead would be the detached garage for or that's detached garage dog kenn will be right straight ahead off to the left the fenced in area behind it here's his business plan stating the hours number of hogs. The fenced in area for inside and outside areas for that

with shade providing on the outside area. Parking space for six to eight cars. Waste will be collected and spread on the egg ground and daily collection will be stored in garbage cans and nor will have a pipe will be a drain or a septic system for the waste water um in the building for animal for cleaning and animal waste. And there will now be a bathroom in the facility. And they have emergency contact information. Here's a beacon map showing the site. 197th Street, East and West, 478th going north and south. Driveway coming in. Here's a proposed building for the kennel. Nice big wide open space. So there's just some pictures looking to the west. uh from the driveway down 197th Street or Brookings County Road number 40. This is looking from the driveway looking towards the east down 197th. Also looking south towards the yard, driveway, house, outuilding, proposed location of the of the kennel right back in this area. Nice big yard turnaround area. So that's all that I have and the applicant is here this evening.

Thank you, Richard. Uh, the applicant would like to come forward and clearly state your name into the mic. Make sure the green light's on.

Becky Jones. Chris JS. Do you have anything to add to Richard's report? No, I don't.

Are there any questions for members of the board at this time? Pretty simple. You can hang out there for a minute unless somebody opposes or wants to say something here. But I'll move to the public hearing portion here quick. Is there anybody in the audience that is for this? Seeing and hearing none, is there anybody in the audience opposed to this? Seeing and hearing none, we'll now close the public hearing portion. Is there any additional comments or questions from members of the board? You can go back to your seat. Thank you. Uh seeing hearing none, Richard, would you read the findings facts? All right, this one first one I'll read in its entirety and the other conditional uses if need this evening. I'll read the the front page then just go through mention the highlighted areas. Brookings County Zoning Commission zoning conditional use permit 2026 CU00002 an application for a conditional use permit have been filed with the Brookings County Zoning Commission acting as a board of adjustment. A copy of the application being attached here too. Such application mean application being made by Christopher Jurns regarding the following rural property. the north half of the northwest 1/4 of section 7 township 112 North Range 48 West Oak Lake Township located at 47809 197th Street Atoria South Dakota 57213 after due notice of public hearing have been held on the application on this 5th day of May 2026 number one the Brookings County Board of Adjustment hereby finding that it is empowered to grant such a conditional use under the following sections of the Brookings County's voting ordinance article 4 district require requirements chapter 4.01A agricultural district section 4.0104 conditional uses and further finding that the granting of the conditional use would not adversely affect the public interest.

Number two, the Brookings County Board of Adjustment further finds and certifies that the following specific rules governing the conditional use requested have been complied with. None stated. Number three, the Brookings County Board of Adjustment further finds that satisfactory provisions and arrangements have been made concerning the following were applicable. A, entrance and exits to the property property, proposed structures therein with particular reference to automotive and pedestrian safety, convenience, traffic flow, control, and access in case of fire or catastrophe. We'll use the existing driveway off 197th Street. B. The off- streetet parking loading areas were required with a particular attention to the items in a above and the economic noise, glare or other effects of the conditional use on adjoining properties and properties generally in the district. No on street parking allowed. C. Utilities, refuge, and service areas with reference to locations, availability, and compatibility. Uh dumpster service for garbage. Do you use a dumpster service now?

Yes.

Okay, we'll leave that in there then. D. Screening and buffering with reference to type, dimensions, and character. None stated. F. Signs and if any proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony of the properties in the district. 32 square foot sign is allowed and any required safety signs. F. Required yards and other open spaces. None stated. G. General compatibility with adjacent properties and other properties in the district. meets the 2016 comprehensive plan met for the agricultural district. H roads providing access to the property are adequate to meet the transportation demands of the proposed conditional use. The board of adjustment may require the applicant to enter in a written contract with any affected township or other governmental unit regarding the upgrading or continued maintenance of any roads used for the conditional use requested prior to the issuance of a conditional use. 197 Street, otherwise known as Brookings County number 40, meets the transportation demands of the conditional use. I, any required notifications to law enforcement or fire department, none stated. J. Any safety inspections? Building permit inspections and any required inspections for a dog kennel. Number four, Brookings County Board of Adjustment further determines and conditions this conditionally use permit upon the following additional special conditions or safeguards. A hours of operation to be from 6:00 a.m. to 6:00 p.m. daily. B maximum number of dogs will be 20. C fenced in exercise area inside and outside area will have a shaded area. D six to eight car parking area for drop off and pickup. E. Animal waste be picked up daily and temporarily stored in garbage cans and then spread on the farmland using the

best management practices. F. Septic system for wastewater. The Brookkins County Board of Adjustment by at least a majority vote of its full member members present hereby grants the above petitioner a conditional use for the above described property as follows. Conditional use number 31 for dog kennel for boarding dogs. This conditional use permit is specifically conditioned upon initial and continued compliance with all the requirements and conditions in three and four above and upon compliance with all applicable provisions of the Brookings County Zoning Ordinance. If approved, the Brookings County Zoning Director is authorized to issue any required building permits for construction consistent with the requirements of this conditional use permit. If this conditional use permit is not used within three years of the date granted, it shall be invalid. Dated this fifth day of May, 2026. Are there any additions or corrections to the findings of facts?

Mr. Chair, I find that this application meets the requirements of the zoning ordinance as long as the findings of the facts are followed. So I concur with the findings of the facts. Thank you, Mr. Pollson. Richard, would you then call a vote? Kyle Vanderwal, I Mark Troby, I Neil Troyan, I Justin Degroot, I Kelly Vanderwal, hi Tim Pollson, I Cody Clark, I Daryl Klein, John, I Chad Ford,

I. Motion passes. Moving on. Agenda item 2026 ZU0003. Lindy Derry by Steve Landman is made application 2026 CU00003 to the Brookings County Board of Adjustment for a conditional use permit article 4 district requirements chapter 4.01A agricultural land district section 4.01.04 04 conditional uses number six, class A, B, and C concentrated animal feeding operations. The property is described as the northeast 1/4 of section 32, township 111 north, range 48W, and the south half of the southeast 1/4 excluding the south 680 ft of the east 700 ft and excluding the north 240 ft of the east 350 ft of section 29 township 111 north range 48W Sherman Township located at 47978 207th Street, White South Dakota 57276. Is there a motion?

So moved. Motion by Kyle Vanderwald. Is there second that Pson? Second by Pollson. Richard, would you read the staff report?

Yes. 2026 CU003 Lindy Dairy by Steve Lint Landman applied for conditional use print for expansion of their class A dairy concentrated confined animal feeding operation that was permitted on June 2nd, 2015. by two by 2015 CU00006 for 3,320 head which is 400 4748 animal units of mature dairy cows and 60 heers and calves for a total of 4,88 animal units. Conditional use 2015 CU006 was approved on July 2nd for the expansion of the north system by adding a sediment pond parlor addition and freestall barn. These additions will not be pursued with the expansion proposed expansion of the south system. The proposed expansion would increase the number of mature dairy crows to 6,000 which is 8 8580 animal units at the proposed south system. The existing north system having 1,200 head which is 1,716 animal units of mature milking cattle. 800 head which is 1,144 animal units of mature dry dairy cattle. and 30 head which is which is 30 animal units of cattle other than mature dairy for a total of 1,1 11,470 animal units. The expansion of the proposed south south system would be done in phases but the phase one would con consist of 2500 head of dairy cattle and phase two would add 3500 head five years after the completion of phase one. The engineers report is included as a separate attachment and the nutrient management plan shows adequate acres for the increase in animal units. The location of the proposed building is not in zone A of the wellhead or zone B. The remainder of the mapped shallow and superficial aquifer not included in zone A. According to the first occurrence of aquifer materials map in Brookings

County, the property is not in the flood plane. The applicant includes information required as per article 5 chapter general requirements chapter 5.22 conrant animal feeding operations sections 5.2205 2205 concent concentrated animal feeding operation control requirements number 10 minimum application information and the following information was requested and reviewed by the board prior to the issuance of this or conditional use as permitted as any classific applicants and name B the legal description C number and type of animals D the preliminary nutrient management plan E the preliminary manure management and operation plan. F preliminary management plan for flying orders. G information on a availability to meet availabil availability to meet suggested setback and separation distance. H condition of the animal units by the board of adjustment with the general permit from the South Dakota Department of A and Natural Resources. I documentation and notice of public service and water officials. J. information on the soils, sal shallow aquifer, designated wellhead areas in the 100-year flood plane, documentation to notice whoever maintains or access to the hall roads, township, county, or state, and any other information contained in the application requested by the zoning officer. The zoning office has reviewed the above documents and made a site visit to the proposed location. Public notice were published in the Brookings Register on April 24th and 28th, 2026 and the White Tri City Star on April 30th, April 23rd and 30th, 2026. Letters were sent to the Brookings County Highway Department, the adjoining land owners, the Sherman Township Chairman and Clerk, and the Brookings Dual Roder.

Here's the conditional use application. This is a beacon map showing the north site existing dairy in operation. This is a beacon map showing the south site. The beacon map just showing the bear um bear land. This would be access right here to the new southside across the road from the feed alley driveway going into the feed feeding bay. This is just some pictures of it looking west um from 480th Avenue towards the west. This is the north end of the proposed site. This is looking from 480th Avenue towards the southwest towards the area of the northeast quarter. This is looking west down 207th Street from the intersection of 480th Avenue. Good clear vision county road. This is looking towards the south down 480th Avenue from 207th Street towards the east side of the proposed location. This is where the driveway would be of a proposed entrance to the south system directly to the south of the north driveway going into the feed feeding bays and the north and entrance to the barns there. This is looking towards the northeast by the west main entrance to the dairy towards the northeast. This is looking from the driveway back towards the northwest towards the feeding buildings and hay storage and back open areas there. This is looking down 207th Street from the from the west from the main driveway or from the feeding driveway. Good clean

vision right there. This is looking to the east from the feeding driveway. And that's all that I have. And the applicant is here this evening. Thank you, Richard. Uh if the applicant wants to come forward and clearly state your name into the mic.

Steve Lampman. Uh, do you have anything to add to Richard's report? Nope. Questions for members of the board at this time? Go back to your seat for a little bit. Thank you. See no questions from board at this time. We'll move to the public hearing portion. Is there anybody in the audience that is for this? Clearly state your name into the mic, please.

Tom Davis. I would just like to add that I think this is a great site for their expansion and um we own a lot of acres, three quart four quarters of land to the south there or seven quarters of land and uh we're probably going to sign it up for the manure and there's no residences, you know, for at least two miles to the south. So, and this is a great family to work with. We have a d a gravel pit to the south of there, a mile and a quarter. And we've worked closely with the the Lindy Dairy and my family and Sterszinger Construction to keep the dirt or the dust down. That's very important to us and the dairy to control the the dust out of this. And so, there won't be any dust or anything during the construction. And we already have a contract with a dust company to apply the first week of June, I believe, is the date to keep the dust down. And we've done this for the last three years to keep any dust, any health issues for the cows and for the safety of everyone. Thank you. Thanks. Is there anybody else that anybody else that is for this Seeing and hearing none, is there anybody opposed to this? Seeing and hearing none, I'll now close the public hearing portion. Is there any additional comments or questions from members of the board? Seeing and hearing none, Richard, would you read the findings of facts?

Yes. Brookkins County zoning conditional use 2026 CU00003 an application for a conditional use permit have been filed with the Brookkins County Zoning Commission acting as the board of adjustment. A copy of the application be attached here too. Application being made by Lindy Derry by Steve Landman regarding the following real property. the northeast 1/4 of section 32, township 111 north, range 48 west and the south half of the southeast 1/4 except the south 680 ft of the east 700 ft and accept the north 240 ft of the east 350 ft of section 29 township 111 north range 48 west Sherman Township located at 47978 27th Street White South Dakota. After due notice of public hearing on the application having been held on this 5th day of May, 2026. Number one, number two. Number three. The Brookings County Board of Adjustment further finds that satisfactory provisions and arrangements have been made concerning the following where applicable. A. entrance and exits to the property proposed structures thereon with particular reference to automotive and pedestrian safety. Convenience traffic flow control and access in case of fire or catastrophe. We'll use existing entrance and exits for the north system. a new driveway for the south system on 207th Street, which is also is Brookings County Road number eight, which is a Brookings County gravel road, and secondary driveway on 480th Avenue, Sherman Township gravel road for farm machinery if needed. B. Off- streetet parking loading areas were required with particular attention to items on Above and economic noise, glare or other effects of the condition use on the adjoining properties or

properties generally in the district. B. No on street parking allowed. C. Utilities and refuge and service areas with reference to locations availability and compatibility dumpster service for garbage disposal which they currently use. Now, D screening and buffering. Um this here I might have a question for them. Uh plat um number row trees around the outside perimeter of the with the assistance of the Brookings County Conservation District for the species of trees and trees should not interfere with the natural flow of the ventilation. How many rows of trees were you going to plant around the

three? Okay. Thank you. E. Signs if any proposed exterior lighting with reference to glare, traffic safety, economic effect, compatibility, and harmony with properties in the district. Existing signage allowed in any regulatory signs for required for livestock production. F. Required yards and other open spaces. None stated. G. General compatibility with adjacent properties and other properties in the district. 2016 comprehensive plan met for the agricultural district. H roads providing access are adequate to meet the transportation demands of the conditional use. 2000 or 207th Street Perkins County Gravel Road number eight meets the conditional use requirements meets the requirements for the conditional use. J. Any required notification to law enforcement or the fire department? None stated. J. Safety inspe any safety inspection inspections required any incident inspections by state officials for livestock protection and any building building permit inspections. Number four, Brookkins County Board of Adjustment further determines and conditions as conditional use upon following following additional special conditions or safeguards. South Dakota Department of Agricultural Natural Resource State K-fold permit required. B. Best management practice for manure to be applied by injection at a minimum min minimum depth of four to six inches. The Brookings County Board of Adjustment by least a majority vote of its full members present hereby grants the above petitioner conditional use for the above described property as follows. expansion of a class A confined animal feeding operation KO that was permitted on June 2nd, 2015 by conditional use 2015 CU00006

to expand to 6,000 head which is 8,580 animal units of mature dairy cattle at the south system. The existing north system having 1,200 head, which is 1,716 animal units of mature milking dairy cattle, 800 head, which is 1,144 animal units, a mature dry dairy cattle, and 30 head, 30 animal units of other cattle other than other than mature dairy cattle for a total of 11,470 animal units. And the expansion would be done in phases. This conditional use permit is con specifically conditioned upon initial and continued compliance with all the required requirements and conditions in three and four above upon compliance with all applicable provisions of the Brookings County zoning ordinance. If approved, the Brookings County Zone zoning director is authorized to issue any required building permits for construction consistent with the requirements of this conditional use. If this conditional use is not used within three years of the date granted, it shall be invalid. dated this fifth day of May, 2026.

Thank you, Richard. Is there any additions or corrections to the findings of facts? I have a question. Um, sorry. The the the phase two of their plan is five years and the permit's only good for three. Is that No, they have three years to start the to start the project. Okay. Yes. Then they're Y once they start that after they get phase one completed then they can if it takes them that's their projected plan right now. So okay once it's started it's up to their discretion as far as the other phase goes when that gets started. So that's their projected plan right now is within five years. So

okay are there any other questions or additions to the findings of facts? Mr. Chair, I find that this application meets the requirements of the zoning ordinance as long as the findings and facts are followed. So, I concur with the findings and facts. Thank you, Mr. Clark. That being said, Richard, would you call a vote? Kyle Vanderwal, I. Mark Jordby, I. Neil Troyan, I Justin Degrroot. Hi, Kelly Vanderwal. Hi, Tim Pollson. I Cody Clark. Hi, Daryl Klein. John,

I Chad Ford. I. Motion passes.

Moving on. Agenda item 2026, CU004. Make sure I'm in the right spot. Thank you. We will send you the original copies of the mail in the next day or two. Thank you. Thank you.

Agenda item 2026 CU00004. Trenton CPS has made an application 2026 CU004 to the Brookings County Board of Adjustment for a conditional use permit. Article 4, District Requirements, Chapter 4.01A, Agricultural Land District, Section 4.01.04, 04 conditional uses number nine extended home occupation. The property is described as the south 1/2 of the northeast 1/4 of section 20 township 112 north range 49W Argo Township located at 1 1935474th Avenue, White, South Dakota 57276. Is there a motion?

So moved. Motion by Troyan. Is there a second? Second. Second by Kelly Vanderwall. Richard, would you read the staff report?

Yes. 2026 CU004 Trenton Corps is applied for chapter 4.01A agricultural land district section 4.0104 conditional uses number nine for one home extended occupation to sell firearms from his from his residence in a designated separate room in his attached garage. The residence is located at 400 on 474th Avenue which is an Argo Township Goa Road. He has applied for his federal firearms LA license and is pending approval when local approval has been determined. His business plan with the hours of the operation, the expected deliveries per week is included in this report. There will be a separate entrance in the attached garage to the designated business area and there is adequate parking in the front of the garage and driveway area. He's also applied for conditional use 2026 CU005 for a conditional use number 28 for a shooting range which will be heard the same night to allow his customers to test firearms and sight in scopes. The range will be his and for his customers so only and not open to the public. The board needs to consider does it meet the requirements of the zoning ordinance article 5 for the extended home occupation found on page article 5 page 32. Public notices were published in the Brookage Register on April 21st and 28th 2026 and the White Tri City Star on April 23rd and 30th 2026. Letters were sent to the adjoining land owners the Argo Township Chairman and Clerk. Here is the conditional use application. Here's the business plan showing his hours deliveries. Name of the applicants, him and his brother. Here is the beacon map showing the

property. This is where his residence is located, where the business would be located. Shooting rage would be along through this um driveway in the trees along this north side of the property. Just looking south down 474th from the driveway. Looking west into the driveway, adequate parking parking area over the business area would be in the garage right here. So, looking towards the north on the east side of the garage where the proposed business would be located. And that's all that I have. And the applicant is here this evening. Thank you, Richard. If the applicant would like to come forward and clearly state your name into the mic

Trenton Trenton Gore, do you have anything to add to Richard's staff report? No, sir. Are there any questions for from members of the board at this time? You can go back to your seat if you want for a minute. Being no questions from the board, we'll move to the public hearing portion. Is there anybody in the audience that is for this? Seeing hearing none, is there anybody in the audience that is opposed to this?

Mr. Chair, we did receive a a letter from an email from one of the adjoining land owners, Mr. Amos Swift was sent to everyone in your packet that was received in time, but I'll just read it briefly. Uh, dear members of the board, my name is Amos Swift and I'm writing to share my concerns regarding the proposed shooting range and the gun store in our area. Our property is located in close proximity to the pro site. We live here with our family and little little agricultural setup including portry poultry and other animals. This is not just a place for a residence for us but an actively used rural property. The surrounding surrounding area is already functioning agricultural environment. There are pasture lands nearby that are used for seasonal categ cattle grazing from spring until fall which is also an existing hog operation in close proximity which is an important part of the local agricultural econ economy and community. Livestock especially swine are known for their highly sensitive to sudden and repeated noises. Regular gunfire can cause stress responses, panic behavior and potential injury as well as negatively affect overall productivity. there. This raises concerns about the compatibility of this type of activity with existing agricultural operations. The operations in addition there is recognized wildlife habitat area located near the proposed site. This area supports local wildlife habitat. Consistent gunfire may disrupt animal behavior and movement patterns affecting the ecological ecological balance of the area. Taken together, this is not an isolated location but a part of an established agricultural natural ecosystem that includes livestock operations, pasture use, residential leaving living and wildlife habitat. We respectively asked the board to carefully consider the cumulative impact of the proposal on the surrounding environment, agricultural activities. We have attached a map to help illustrate the proximity of the proposed site to nearby properties, livestock operation,

wildlife areas. Thank you for your time and consideration. Amos Swift. This is the map that he would had referenced. And that's the only correspondence that the zoning office has received.

Thank you, Richard. Is there any was to the opponents, right? shooting range will be to the south of his residence. This is where Mr. Whiff lives and this is where the residence is. Shooting range would be right here. Show you back here on This is where the shooting range would be. Mr. Whiff lives right right up here.

This is a Help me pull the beacon map up here. I'll show you. Yeah, this is where the the location this is where the proposed shooting range would be. It's a half over a half 3/4 of a mile to the road to the west. This is where Mr. Whiff lives right here. The but the the the guns would be pointing shooting towards the west, right?

Correct. Correct. Okay. Thank you. This conditional use right here is just for the this is

the gun dealership. The next conditional use is for the shooting range. You got to keep that in mind also here. Back to the public hearing n then here. Is there anybody in the else in the audience that is opposed to this? Seeing and hearing none, I'll now close the public hearing portion and move back to the board for any additional comments or questions. Seeing no additional comments or questions from members of the board, would you Richard, would you please read the findings facts?

Uh, yes. Brookings County Zoning Ordinance Conditional use permit 2026 CU004. Application for a conditional use permit have been filed with the Brookkins County Zoning Commission acting as a board of adjustment. A copy of the application being attached here to such application being made by Trenton Corps regarding the following real property. The south half of the northeast 1/4 of section 20 township 112 north 49 West Argo Township located at 19935474th Avenue White South Dakota 57276 after due notice of public hearing have been held in the application on this fifth day of de fifth day of May 2026. Number one. Number two. Number three. The Brookings County Board of Adjustment further finds that satisfactory revisions and arrangements have been made concerning the following are applicable. A. Entrance and exits to the property. The proposed structures therein with particular reference to automotive and pedestrian safety, convenience, traffic, traffic flow control, and access in case of fire catastrophe. We'll use the existing driveway off 474th Avenue on a grow township gravel road. B. Off- streetet parking loading areas were required. No on street parking allowed. C. Utilities and refuge and service areas with reference to locations of building compatibility. Dumpster service for garbage disposal. Do you use a dumpster service now? Okay. Do do you burn it? Okay. Yep. Yep. That would be fine. You can you're allowed to do that unless the board would require a them with dumpster service, but

D screening and buffering with reference type none stated. signs if any 32 square foot sign allowed I didn't and and any regulatory signs for regulatory signs for gun sales F required yards and other open spaces None stated. G. General compatibility with adjacent properties and properties in the district. Comprehensive plan is met for the agricultural districts. H. Roads providing access for property are adequate to meet the transportation's demand of the proposed conditional use. 474th Avenue was an Argo Township gravel road. J. Any requirements for law enforcement or the fire department? None stated. I. Safety inspections. any inspections required for building permits and any inspections required for firearm sales. Number four, the Brookings County Board of Adjustment. Further determinance and conditions as conditional use permit are following following additional special conditions or safeguards. Number one, federal firearms license approval required with a copy of the license to be on file with the county development office. Number two, 2026 TU CU00005 conditional shooting range approval is contingent upon approval of this conditional use permit. The Brookings County Board of Adjustment by majority vote of the members present to grant the petitioner a conditional use for the above describable property as follows. Conditional use number nine, a home extended occupation for firearm and ammunition sales, gunsmith shop, and related firearm repair located in the attached garage with a separate entrance. Hours of operation be Friday

6:00 p.m. to 8:00 p.m. Saturday 12:00 p.m. to 6:00 p.m. Sunday 4:00 p.m. to 6:00 p.m. and other hours by appointment and may be changed by the applicant. This conditional use permit is specifically conditioned upon initial and continued compliance with all the requirements and conditions in three and four above and upon compliance with all applicable provisions of the Brookings County Zoning ordinance. If approved, the Brookings County Zoning Director is authorized to issue any required building permits for construction consistent with the requirements of this conditional use permit. If this conditional use permit is not used in three years of the date granted, it shall be invalid. Dated this fifth day of May, 2026. Are there any additions or corrections from members of the board to the findings of facts?

Mr. Chair, I find that this application meets the requirements of the zoning ordinance as long as the finding of facts are followed. So, I concur for with the findings of facts. Thank you, Mr. Cler. That being said, Richard, would you call a vote? Mark Joinby. Hi Neil Troyan. Hi Justin Dgroot. Hi Kelly Vanderwal. Hi Tim Pollson. Hi Cody Clark. Hi Daryl Klein John. Hi Kyle Vanderwal. Hi Chad Ford. Hi. Motion passes.

Moving on. Agenda item 2026 CU00005. Trenton Cor has made an application 2026 CU00005 to the Brookings County Board of Adjustment for a conditional use permit article 4 district requirements chapter 4.01A agricultural land district section 4.01.04 conditional uses number 28 shooting ranges. The property is described as the south 1/2 of the northeast 1/4 of section 20 township 112 north range 49W orgo township located at 19935474th Avenue White South Dakota 57276. Is there a motion?

So moved. Motion by Kyle Vanderwal. Is there a second?

Second by Cody Clark. Richard, would you read the staff report? Yes. 2026 CU005 Trenton Core is applied for agricultural land district use section 4.01.04 conditional use number 28 for shooting range to test firearms and sight in scopes for his own and his customers use only. It'll be located on the north side of the 80 acres 80 acres he owns north of his residence located in 474th Avenue which is an Argo Township gravel road. Conditional use will be contingent upon his approval of conditional use 2026 CU0004 for an extended home business to sell firearms and approval of his federal firearms license. The range would need to meet the requirements of article 5 general requirements chapter 5.34 commercial shooting ranges ranges following the NRA range source book guidelines. The range would be for his and his customer use only to test firearms and sight in scopes and not open to the general public for public shooting. Public notices were published in the Brookings Register on April 21st and 28th, 2026 and the White Tri City Star on April 23rd and 30th, 2026. Letters were sent to the joining land owners, the Argo Township chairman and clerk. Here is the conditional use application. This is his site plan showing his house right here. This sort of the range shooting range would be his different yardage of applications. Here we're sighting in different targets along the way.

Same thing on the beacon map. Different settings for the range distance targets. This is a beacon map showing the 80 acres. It would be located, the range would be along this northern portion. This area right here, there' be a burm along the backside and the burm stop out here at each selected distance. He determines be a burm and back stop according to NRA guidelines that would need to be built to those standards. Just showing the road going to the south again from the driveway. showing driveway into the yard. The road going north where is extended business would be located. This would be looking to the northwest of the house going through the opening in the trees out to the shooting range beyond the north here. This would be that location where the path this would be the path going out to the range. This would be looking towards the west towards the shooting range down here at different locations that he would be. This will be looking towards the west from that walk out driveway path right up in here. And that's all that I have. And the applicant is here this evening. Thank you, Richard. If the applicant would please step forward and clearly state your name into the mic.

Cington car. Do you have anything to add to Richard's report at this time? No, sir.

Okay. Uh before we get into the deal here since we already know what's coming, how much do you plan to use this, do you think? Uh what we're going to do there is uh well the main thing that we were looking for is the the shop because we're going to manufacture and uh gunsmith uh short barrel rifles, suppressors, that kind of sort. Uh we were just looking to use it for testing mechanisms, suppressors and barrels mainly is what and with the ATF involved they wanted us to get uh this kosher too.

Gotcha. Is it something we need? Probably not. But something the ATF asked for. They asked for it. But uh other question is like what is the law regarding shooting on my property regardless? Great question. So like even if I don't get this like can I still shoot targets? You can you can still shoot targets on your property. Yes. Just like anybody other land owner or farmer can do that on their property. Just that you can't

Okay. Yeah. Because this wasn't going to be for public use anyways. Like I'm not gonna have a say a range guy on and have people come in and out during the hours and stuff like that. This is just going to be testing. You're not going to run three gun tournaments? No. Is there any other questions for members of the board? There must be between this place.

Yes, it' be the north 80 of that quarter. Correct. So it' be over 1320 ft plus between that and Mr. Whiff's property. And there would be, you know, you said you were going to build a burm around it. You'd have a burm around your shooting range where the table is and a back stop around where the targets are. So that's correct. Yeah, because I have children, too. So I got to protect them from it. Right. Can I ask how big is the the BM?

Uh 25 foot tall and then I got a contact and I'm going to talk to a consultant about the width. I don't know that that answer but as wide as it has to be. Other question I have is we've got a neighbor concern. What what are you going to do to to uh help that neighbor feel comfortable with this

BMS? BMS and then most of the guns that'll be fired will be suppressed. Well, pretty much 100% of them. And then I I know ammo Amos personally pretty well, too. Any additional questions from members of the board at this time? Go back to your seat for a minute there if you would. That being said, we'll move to the public hearing portion. Is there anybody in the audience that is for this? Seeing and hearing none, is there anybody in the audience that is opposed to this? This the same letter that same letter that I read previously with the same concerns from Mr. Whiff, the adjoining land owner. So,

okay, that being stated, we'll know there's nobody opposed to this, we'll close the public hearing portion. Back to the board for any additional comments or questions.

Mr. You got anything you'd like to add? I have I have one question. Uh, so it says customers and yourself to use or the customers going to use it or is it just going to be you and the employees? Well, like the gunsmith, Mr. Core, you'd have to come back up here.

Sorry. like uh since we're going to be retailing suppressors and barrels and gunsmithing weapons for people, it would also be that for them to have the ability to go out and see if that's something that they would like, you know, if we have to adjust trigger pull, trigger tension, uh the gas blocks and stuff like that, so they can see if that's how they want it to be before they take the gun home with them. So, it would be I don't know if they're a good shot, you know, like on sighting in the rifle, it won't be hundreds and hundreds of rounds being fired all at once, which that will be regulated by us. And that's why I want to have this approved with you, you know, to give neighbors and like the Hutterites that are all around us, you know, the safety, you know, to know that we're trying to make it safe and right with them.

Any other questions for members of the board? Mr. Chair, this is Luke. Did you have a question for me? Do you have anything to contribute to this?

Yes, I do. And and just thought I'd try to clarify the question that the applicant had about what the rules were on shooting there. Obviously, privately you would have the ability to shoot and for what it's worth, Luke Muller, First District Association of Governments. Um the reason for the shooting range permit is because of what he just referenced is that if money's exchanging hands for really anything going on on the property and then using the property to shoot by someone who exchanged money, there's where the need for the permit comes in. Um, I will note that based on what the applicant's saying, he's really doing somewhat of a favor to guarantee that he's following the county's rules, specifically the NRA guide book, and protecting the property. So, he's really volunteering on the front end to take care of it so it doesn't become an issue on the back end. Thank you.

That being said, is there any other questions or comments from members of the board? You can go back to your seat then, there Trenton. I guess with that being said, nothing more from the board. Richard, would you read the findings and facts?

Yes. Conditional use 2026 CU00005 application for the conditional use have been filed with the Brookings County Zoning Commission acting as a board of adjustment. Copy of the application being attached here to application being made by Trenton CPS regarding the following real property. the south half of the northeast 1/4 of section 20 township 1112 north range 49 west Argo Township located at 1993 474th Avenue White South Dakota 57276 after due notice of public hearing haven't been held on the application on this 5th day of May 2026 number one number two article 5 chapter 5.34 commercial shooting Range number three. A entrance and exits to the property will use existing driveway off 474th Avenue which is an Argo Township gravel road. B no off- streetet parking and loading areas. No on street parking allowed. C. Utilities and refuge and service areas. Use burn barrel for refues screening and buffering BMS and back stops to follow and meet the NRA range source book guidelines. E signs 32 square foot allowed 32 square foot sign allowed and any

and any safety signs for shooting ranges. Required yards and other open spaces, none stated. G. General compatibility meets the comprehensive plan for the agricultural land use in the agricultural district. H. Roads providing access to the property are adequate to meet the transportation's demands of the conditional use. 474th Avenue was an Argo Township gravel road. I required notification law enforcement of the fire department. None stated. J. Additional safety inspections. Any inspections required for building permits and any inspections required for shooting range compliance. Number four. Brookings County Board of Adjustment further determines and conditions is conditional use per permit upon the following additional special conditions or safeguards. Number one, federal firearms license approval required with a copy of the license to be on file with the county development office. Number two, contingent on approval of the home extended business for fire firearm and ammo sales, gunsmithing, and related gear, gun repair. Number three, range to be used by the applicant and customers of the applicant's extended home business. Brookings County Board of Adjustment needs a majority approval of the members present to grant the petitioner a conditional use for the above describable property as follows. Conditional use number nine, shooting range. This conditional use permit is specifically conditioned upon initial and continued compliance with all the applicants all the requirements and conditions in three and four above upon compliance with all applicable provisions of the Brookings County ordinance. If approved, the Brookings County Zoning Director is authorized to issue any required building permits for construction consistent with the requirements of this conditional use permit. This conditional use permit is not used within 3 years of the date granted, it shall be invalid, dated this fifth day of May, 2026. Are there any additions or corrections to the findings of facts?

Mr. Chair, I find that this application meets the requirements of the zoning ordinance as long as the findings facts are followed. So, I concur with findings facts. Thank you, Mr. Vanderwal. That being said, Richard, would you call a vote? Neil Troyan, yes. Justin Degrroot, yes. Kelly Vanderwal, yes. Tim Pollson. Hi. Cody Clark. Hi. Daryl Klein. John. Hi. Kyle Vanderwal. Hi. Mark Drawby. I Chad Ford. I.

Motion passes. Thank you. And we'll send you the original copies here in the mail the next day for your records. Moving on. Agenda item 2026 CU006. Marcus Copeki has made an application 2026 CU006 to the Brookings County Board of Adjustment for a conditional use permit. Excuse me. Article 4, District Requirements, Chapter 4.01, 01 agricultural land district section 4.01.04 conditional uses number 35 agricultural seed sales seed treatment and storage of herbicide and insecticide sales and storage with containers to not exceed 275 gallons. The property is described as the south 572 feet of the north 1,45 ft of the west 744 feet of the northwest 1/4 of section 23 township 110 north range 48W Alton Township located at 21114 482nd Avenue Elkton South Dakota 57026. Is there a motion?

So move Pollson. Motion by Pollson. Is there a second? Second. Second by Kyle Vanderwal. Richard, would you read the staff report?

Yes. 2026 CU006. Marcus Copekki is applied for conditional use number 35 agricultural seed sales, seed treatment and storage, herbicide insecticide sales and storage with the containers not to exceed 275 gallons. And the applicant will need to apply for a license from the South Dakota Department of Agricultural Natural Resources for seed treat sales treatment seed sales and treatment and herbicide insecticide sales in quantities of up to 275 gallons. The South Dakota Department of Agriculture does not require containment barriers for toads containing up to 275 gallons and no EPA registration is required. He will sell the products from his residence located on 482nd Avenue which is a Brookkins County blacktop road number 27. He will remove uh some of the existing buildings and build a new warehouse with an office and outside bins to be used for the herbicide seed and insecticide storage. The seed treatment will be done inside the warehouse as the seed is sold and then delivered to the customer. Uh future plans are to add three to five outside bins with the seed treatment building within five years. The zoning office has reviewed the above documents, made a site visit to the proposed location. Public notices were published in the Brookings Register in April 21st and 28th, 2026 and the Alton record on April 23rd and 30th, 2026. Letters were sent to the joining land owners of Brookings County Highway Department and the Alton Township Chairman and Clerk. Here's the business or the applicant's conditional use application. site plan driveway coming in. This is the existing this is where it is right

now. The existing house quanset and barn u future plans there the barn would be removed and this is where the office and the warehouse would be located south of the driveway. Proposed business plan. Number of trucks bringing products in storage seed treatment be to be a mobile seedreater for the first few years. You'll get the permanent one when he gets his bins in the the building uh set up. This is the beacon map showing his real resident acreage right here on 482nd Avenue. Just looking south from the driveway going down 482nd which is Brookings County number 27. Looking east into the driveway there. Just looking to the north. Clear view. This would be the future site where the barn and silo is of his office and warehouse area. they would be. That's all that I have and the applicant is here this evening.

Thank you, Richard. If the applicant is here, would you please step forward clearly state your name into the mic?

Hi, I'm Marcus Colbecki. Do you have anything to add to Richard's report? Yeah, there's a few things. So, um I think on the report or whatever I said pesticides. So, one thing fungicides were missing. Uh you had herbicides and insecticides. So, fungicides should be added. Um the other thing don't like talking that. But, um I do have my like chemical dealer license already through the South Dakota or SDA or whatever. I can provide that at any time. And I also have my license to seed treatment or to treat seed already.

Okay. Are there any additional are there any comments or questions from the board at this time? Seeing none, you can go back to your seat for a minute. Seeing no comments or questions from members of the board, we'll move to the public hearing portion. Is there anybody in the audience that is for this? Is there anybody seeing none, is there anybody in the audience that is opposed to this? Seeing and hearing none, I'll now close the public hearing portion. Is there any additional comments or questions from members of the board at this time? Seeing hearing none, Richard, would you read the findings of facts?

Yes. Conditional use 2026 CU00006 application for conditional use have been filed with the Brookkins County Zoning Commission acting as a Brookings County Board of Adjustment. A cop of the application being attached here too. Such application being made by Marcus Copeki regarding the following real property. the south 572 feet of the north 145 ft of the west 744 feet of the northwest 1/4 of section 23 township 110 north range 48 west Alton Township located at 211 11114 482nd Avenue Elton South Dakota after due notice a public hearing haven't been held on the application on this 5th day of May 2026 number one Brookings County's zoning conditional use number 35 as it states. Number two, comply with South Dakota codified laws SDCL 38-12A agricultural seed sales and South Dakota codified law 38-21-33.4 for herbicide insecticide sales which also cover your fungicides. Brookings County number three. Brookings County Board of Adjustment further finds that satisfactory provisions and arrangements have been made. The following were applicable. Number three, A entrance and exits to the property. We'll use the existing driveway off 482nd Avenue which is Brookkins County Blacktop Road number 27. B off- streetet parking and loading areas. No on street parking allowed and use only on-site parking. C. Utilities and refugees service areas with reference to locations, availability, and compatibility. You use a dumpster service now. Correct. Okay. Use a dumpster service for garbage.

D. Screening and buffering. None stated. E. Signs if any proposed if any. 32 square foot sign allowed and any required regulatory and safety sides for safety signs for seed herbicide pesticide sales fungicides. Thank goodness for spell check. F. Required yards and other open spaces. None stated. G. General general compatibility comprehensive plan requirements met for the agricultural district. Number four. Brookings County Board of Adjustment further determines and conditions as conditional use upon the following additional special conditions or safeguards. Follow the South Dakota Department of Agriculture requirements for licensing and South Dakota codified laws as stated above for seed herbicide fungicide and insecticide sales. Brookings County Board of Adjustment by at least twothirds vote majority vote of the members presence here. hereby grants the above petitioner a conditional use permit for the above described property as follows. agricultural sales, treatment, seed and

storage, twine and net wrap sales, herbicide, we'll add fungicide in there and insecticide sales with individual storage containers not to exceed 275 gallons. This condition to use permit is specifically conditioned upon initial and continued compliance with all the requirements and conditions in three and four above upon compliance with all applicable provisions of the Brookings Countyy's zoning ordinance. If approved, the Brookings County zoning director is authorized to issue any required building permits for construction consistent with the requirements of this conditional use permit. This conditional use permit is not used within three years of the date granted. It shall be invalid date of this 5th day of May, 2026. Are there any additions or corrections to the findings of facts?

Mr. Chair, I find that the application meets the requirements of the zoning ordinance as long as the finding and the facts are followed. So, I concur with the findings and the facts. Thank you, Mr. Troy. That being said, Richard, would you call the vote? Justin deg. I. Kelly Vanderwal, hi. Tim Pollson, hi. Cody Clark Daryl Stoog, excuse me. Daryl Vanderwal or Daryl Klein John. Hi. Kyle Vanderwal. Hi. Mark Joinby. Hi. Neil Troyan. Hi. And Chad Ford. I. Motion passes.

Moving on. Agenda item 2026 variance 006. Daniel Hildebrand has made an application 2026 variance 006 to the Brookings County Board of Adjustment for a variance article 4 district requirements chapter 4.03 LP Lake Park District section 4.03.03 density area and yard regulation. And the property is described as the west half of lot 21 and the west half of lot 21a. All of the lots 22 and 22A Kamar beach edition in government lots 1 2 and three of section 15 township 112 north range 47W Lake Hendricks Township located at 113 North Lake Hendricks Drive Hendricks Minnesota 56136 also known as 113 North Hendricks North Lake Hendricks Drive Grand Prairie Township South Dakota 56 6136. Is there a motion?

So moved. Motion by Kyle Vanderwal. Is there a second? Second. Second by Cody Clark. Richard, would you read the staff report?

Yes. 2026 variant 006. Daniel Hill to Brand has applied for variance to build a 30x 50 which is 1,500 square ft with a 12ft sidewall accessory building to be 5 ft from the rear lot line and 15 ft from the road. A rear variance of 20 ft and a front yard variance of 10 ft. The non-lfront setbacks are 25 ft from the rear and 25 ft from the road and he will meet the sideyard setback of of 8 feet. Things to consider are the shape and the size of the lot and Chimera Beach was platted on June 1975 prior to the Lake Park zoning ordinance requirements. Public notices were published in the Brookings Register on April 21st and 28, 2026 and the White Tri City Star on April 23rd and 30th, 2026. Letters were sent to the adjoining land owners in Lake Lake Hendricks Township Chairman and Clerk. Here is the applicant's variance application. Here's his site plan. This is his house here. This is Lake Hendricks Drive. Proposed site plan. 15 ft from the road, five feet from the rear lot line, 10 feet off the side lot lines exceeding the 8 foot requirement. So, here's the property on the Beacon map. This is where the proposed accessory building will go. There's just some pictures looking at the wheel is at looking from the road looking towards the north. Wheel is at 15 ft. Here the wheel is looking towards the east. Wheel is at 15 feet from the road. That is looking east. This is looking towards the west right there. The wheel

is at 15 ft from the road. This is on the north side looking um towards the east I believe

if I remember right. Yeah. And this would be looking west. Yep. This is there's a wheel down there on the west side. 5T roughly. It's 5 ft from that north property line. This is looking on the east edge looking north where the proposed site would go. That's all that I have and the applicant is here this evening. So, thank you Isser. If the applicant would please step forward and clearly state your name into the mic. Dan Hildbrrent, do you have anything to add to Richard's report? No, sir.

Uh, just since I seen it in the pictures there, are you basically trying to line up with a red shed two lots down from you?

Uh, most of the sheds along that North Lake Hendricks Drive, which serves 19 residents, and I'd say 80% of them have garages that will be lined up with what I'm trying to do. You can see it pretty simple right there. So, is there any other questions for members of the board at this time? You can go back to your chair. That being said, I'll move to the public hearing portion. Is there anybody in the audience that is for this? Seeing and hearing none, is there anybody in the audience that is opposed to this? Seeing and hearing none, we'll now close the public hearing portion. Is there any additional comments or questions from members of the board?

Where is the door going to be to this building? Right by the right onto the road. So when you back out of the building, you'll be right in the road. The building's going to be 15 foot off the road, but we will back off into that small area that does give enough room to turn. the road. So, most vehicles are about 20 ft. So, by the time you clear your building, you're in the roadway.

The door will also line up the the driveway will line up with the present driveway of the house as well. So, there's another 25 foot there if we needed to use How were the rest of the the rest of the build garages along their their garage doors open up towards the south towards the road? So they're all like that. They're all like that.

Any other comments or questions for members of the board? Seeing and hearing none, Richard, would you read the findings facts?

Yes. Brookings County Zoning Variance 2026006. Application for variance have been filed by the Brookings County Zoning Commission acting as a Brookings County Board of Adjustment. A copy of the application being attached here too. Such application being made by Daniel Hildebrandt regarding the following row property. the west half of lot 21 on the west half of lot 21 way 21A all of lots 22 and 22A Chimera Beach edition in government lots two and three of section 15 112 north range 47 west lake Hendrick Lake Hendricks Township located at 113 Lake Hendricks North Lake Hendrix Drive Hendricks Minnesota andor Grand Prairie Township South Dakota after due notice of public hearing have having been held on the application on on this 5th day of May, 2026. Number one, the Brookings County Board of Adjustment hereby finding that the strict application of the Brookings County Zoning Ordinance would produce undue hardship that such hardship is not shared generally by other properties in the same district in the same vicinity and that the authorization of such variance would not be substantial detriment to the Dian property and the character of the district cannot be changed by the granting of the variance. that the granting of such variance is based upon reasons of demonstrable and exceptional hardship or distinguished by variations for per for the purpose of convenience, profit and caprice. Number two, the Brookings County Board of Adjustment further finding that the condition or situation of the property concerned or the intended use of the property is not so general reoccurring of a nature as to make reasonable practicable the formulation of a general requirement to be adopted as an amendment to the Brookings to the zoning ordinance. Number three, the Brookkins County Board of Adjustment, further finding that the written application of the petitioner demonstrates that special conditions and circumstances which are procure the land structure of buildings in the same district and that literal interpretations of the provisions of the Brookings County voting ordinance would deprive the applicant of rights commonly

enjoyed by other properties in the same district under the terms of the ordinance. That the special conditions and circumstances do not resolve in the actions of the applicant. that the granting of the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, structures, or buildings in the same district. Number four, the Brookings County Board of Adjustment, further finding that the reasons set forth in the application justify the granting of the variance and that the variance is a minimum variance that will make possible and reasonable the use of the land, building or structure, that the granting of the variance will be in harmony of the general purpose and the intent of the Brookings County Zoning ordinance and will not be injurous to the neighborhood or otherwise detrimental to the public welfare. Number five, Brookkins County Board of Board of Adjustment further determines and conditions this variance upon the following special conditions and safeguards. A shape and size of lot B. Chimera Beach addition was platted in 1975 prior to current Lake Park ordinance setback requirements. Brookings County Board of Adjustment by at least twothirds vote of its full membership hereby grants the above petitioner variance for for the above describable property as follows. build a 30 foot x 50 foot which is 1,500 square feet with a 12ft sidewall accessory building 5 feet from the rear lot line and 15 ft from the road. This variance is specifically conditioned upon initial and continued compliance with all conditions and safeguards and five above and upon compliance with all applicable visions of the provisions of the Brookings County zoning ordinance. The Brookings County, if approved, the Brookings County Zoning Director is authorized to issue any required building permits for construction consistent with the terms of this variance. This variance is not yours used within 3 years of the date granted. It shall be invalid dated this 5th day of May, 2026.

Are there any additions or corrections to the findings of facts?

Mr. Chair, I find that this application meets the requirements of the zoning ordinance as long as the findings of facts are followed. So, I concur with the findings of facts. Thank you, Mr. Clark. That being said, Richard, would you call a vote? Kelly Vanderwal, hi. Tim Pollson, hi. Cody Clark, hi. Daryl Klein, John. Hi, Kyle Vanderwal. Hi, Mark Droby. Hi, Neil Troyan. Hi, Justin. Hi, Chad Ford. Hi. Motion passes. Thank you. And we'll send you these applica or the copies in the mail to you. You can come and get your building permit at any time.

Moving on. Agenda item 2026 variance 007. Martin Davis has made application 2026 variance 007 to the Brookings County Board of Adjustment for Variance Article 4 District Requirements Chapter 4.01A agricultural land district section 4.01.05 area regulations/asements. The property is described as the northeast 1/4 of section 14 township 110 north range 48W Alton Township located at 21007 483rd Avenue Elkton South Dakota 57026. Is there a motion? So move Pollson. Motion by Pollson. Is there a second?

Second it. Second by Clark. Richard, would you read the staff report?

Yes. 2026 variant 007. Martin Davis has applied for a front yard variance to build a 30ftx 40ft house with a 28x 38 attached garage 105 ft from the center of 483rd Avenue which is also known as Brookkins County Gravel Road number 34. A variance of 45 ft. The required setback is 150 ft from the center of the road. The applicant's property is on a corner lot and has two front yard setbacks and he will meet the setback from 210th Street which is an Alton Township gravel road to the north. The original house was built in 1912 prior to zoning setbacks and was 117 ft from the center of 483rd Avenue which is also known as Brookings County Gravel Road number 34 and has been removed on the site leveled and prepared for the new home for the new proposed home. The applicant would like to keep the proposed residence out of falling distance from the west trees and away from the detached garage for safety purposes. Public notices were published in the Brookings Register on April 21st and 28th, 2026 and the Vogue Tri Tribune on April 30th, April 23rd and 30th, 2026. And letters were sent to the Brookings County Highway Department, the joining land owners, and the Alton Township Chairman and Clerk. Here's the applicant's variance application. There's a site plan 4 83rd Avenue driveway proposed distance the house from the corner of the garage

there's a tree right there um existing garage with an electrical pedestal there existing trees he would like to other out buildings along the way. There's his floor plan. Proposed elevations of the north side. This would be the south side facing the south road would be over here on the left hand right hand side. This would be the west west end and this would be the east end. just the proposed um house um on the Beacon map from 483rd Avenue. The red is the proposed 105 from the center of the road to the corner of the garage. Uh the yellow is the 150 foot setback, the required setbacks. You can see the just the distance comparison there. There's a beacon map showing the existing house where this was um the tree there. This is where the existing garage that he wants to like to stay away from. Electrical pedestal is right here at the corner of the excuse me, corner of the garage. Some pictures just looking south down 43rd which is also Brookkins County number 34 from the driveway. Um, this looking west towards into the farmyard where the proposed site would house would proposed site would be located. This is looking towards the north from the driveway. This is the wheel at 105 ft from the center of 483rd Avenue. This is looking um

west towards the yard in the res proposed site. This is looking towards the north. This is at the wheel of 150 foot setback from 483rd Avenue right there looking towards the north. And this would be um where the west edge of the house would be back over where the gravel area is back there behind the pickup and trailer where the proposed setback would be back there where the required where it would be if it was at 150 ft. This is the proposed garage that he would like to stay away from and the electrical pedestal and and meter right there. This would be looking towards the northwest. These are the trees that he would like to stay away from so they don't have the potential to fall on the proposed residence. This is just looking towards the northeast, the proposed area of the house. And this is just looking back towards the towards the northwest from the driveway towards the proposed resident. So that's all that I have. And the applicant is here this evening.

Thank you, Richard. applicants here. Would you please come forward and clearly state your names into the mic?

Martin Davis. Tom Davis. Uh, do you have anything to add to Richard's report at this time? Uh, I would like to point out that the existing shop to the south has a setback of 110 ft. Um, I don't believe there was a variance given for that when it was built. And

yeah, that was built in 1990. And I guess my dad didn't get a variance. I didn't know that until Richard stopped out for that. Um, we have planted three rows of trees already where we tore them out next to the county road and around and behind the back of the proposed new house. So that if the ashbor comes and we have to tear the trees out, then we can meet the zoning requirements of how far trees have to be off the road because on the north side the trees are right up to the edge of the ditch. And that intersection does, it is a blind intersection on that corner to the north there where 210 and 483 come together. And it's like any other intersection. Hardly anybody ever stops there. And we did get a variance to that machine shed that's on the east side of the road. and then up in the upper right hand corner of the photo so that you know that machine shed didn't block the intersection way back in I think that was in 1999 I think and I'm I'm the land owner I bought the land from out of my mother's estate and he's building the house and we've gotten I've gotten a release from the farm credit services to the to release that 20 acres around the building site so that he can finance the house and and uh in my will the actually the entire quarter goes to him. So that's just I guess that's about what I got I guess.

Thank you. Are there any questions for members of the boards at this time? What was the set back of the house that was there? 117 ft. Yes.

I guess I'm I was just trying to get more distance between the house and the garage because it was too close, you know, if there was ever a fire in that garage. It's got old wiring in it and and everything. Okay. I just got a question might not be for you can answer, but the garage is basically going to be the closer part to the road, right? Correct.

Yeah. So, I mean, that's not really livable space. You know, you're it's going to be really close there. It looks like where your livable space is. There's a with the new trees, there's approximately going to be six rows of trees between the you might say the rightway or the where where a fence line would be and the and the edge of the house. I think we'd only end up with three. Uh we planted two.

Yeah, but there's three existing rows there. Oh, I mean there there's it's a hodgepodge of trees that have grown up in volunteer, but there's a there's the distance there. And then the first the first row of trees that would be east of the garage is a row of lillocks that we planted here two weeks ago by the conservation district. Are there any other questions from members of the board at this time?

I see that the house is at an angle. You know, I'm sure you have a reasoning why you want to do it that way, but if you'd put it square and slide it over, we could get to that, you know, greater setback. But I just want to hear why why you would want it at an angle like that. Um, if you can the top right picture of where you were there, you can see the base of a very nice maple tree and I'd like to keep that in the front yard. It's been there for forever and it's a beautiful tree. I would just like to keep that in the front yard, I guess, is my main reasoning for the angle. Um, there will be a covered porch on the south side of the house. That's kind of where you get the Lshape. So, the true footprint would be 68 by 38 with the covered porch included. Yeah, you can kind of see that nice maple tree. Uh, it's the one to the left. We removed that one that the cursor is on currently.

Oh, right here. That one. Yep. And that angle on the drawing might be a little steep, I guess, just looking at it from my perspective. Are there any other questions for members of the board? I guess I'm struggling to see where the hardship is on this. There's quite a bit of room. I get you want to keep the trees, but you got a lot of trees to the north and west.

Yeah, I guess my main purpose was to try and avoid removing that maple tree. Um, if we do move it, the driveway would be essentially right in the middle of it, I guess, is kind of my concern. And I would like to keep that tree um to provide shade from the south side. I would I would say that the angle of the the drawing is way sharper than what is normally what what we have planned.

See, from my standpoint, that house is going to outlive that tree by at least 75, possibly 100 years. Who knows? That house is going to be there a lot longer than that old maple tree. My guess is in about five years, you're going to wish that maple tree was gone when all them little suckers around it start growing up.

Well, it's not actually a maple tree. I'm not sure what kind of a tree it is because it but I think if you go back to that picture where the the that trailer that gooseseneck trailer is the east side of that the wheels on that trailer are actually parked on the gravel of where the house is. So just uh the the old house that sat there before was 11

14 years old. No, it was 112 ft off the road right away. 117, I believe. Yeah. And the Sorry, go ahead. with the with the garage. What's the living space off the road?

You would get awful close to the 150 ft setback. Um the garage is 28 ft wide. Um so you'd be at 105 and 28 you'd get to 13 something. And again, uh, the shop to the south is at 110. Um, so I don't know. I mean, I guess that's not a great reason, but it's pre-existing.

Are there any other questions from the board at this time? Not hearing any moment. I'll jump to the public hearing portion quick. Is there anybody in the audience that is for this? Seeing and hearing none, is there anybody in the audience is opposed to this? Seeing and hearing none and I'll close the public hearing portion. Move back to the board for additional comments or questions. Luke, do you have anything to contribute to this? Uh my my statements will be similar to what I've said in the past, which is um you've got to find a hardship that is unique to the property that is not based on, uh things that the applicant can control. And so, um a lot of the points have been made. I guess I' I'd double down and and look kind of the same way that uh these are things that aren't necessarily unique to this property that you wouldn't ask someone else to do or take care of. Okay. Thank you. There any any other additional comments or questions from members of the board? Richard, can you go back to that overhead the beacon picture with the two houses on it? That that angle was he just took I sent him his site plan. So that's kind of what he used like nothing be even on beacon nothing is to say scale it just gives you a general idea where it is. So, but the the setback distances are, you know, from the center of the road that's

105 and from the center of the road that right there is 150 to the yellow and to the red. So, well, and looking at that picture there, the shop on the bottom is 105. So, if you look at where the red is to me, well, now that you were scrolling it up, it doesn't look farther over when it was down. It looked the red looked farther over when it was down. But, and why and why my dad never came and got a building permit or a variance, I have no idea.

Are you going to come in and apply for an after the fact variance? I don't think he even did that. I don't know whether the history might show, but I I have no idea. Are most of the trees on the north side of this house already removed from this picture? Are the trees removed? Uh there's still about I would say close to 150 ft of trees there. You've cleared out a lot of them. Looking at the other pictures, looks like they've been a lot of them have been cleared out of there. You've got a lot of room to the north. Yeah, we planted three rows of trees inside the

inside and then left enough room to do, you know, have a backyard and build the house. Yeah, the trees along the building site would be considered landscaping. So, they could be, you know, up to 25 ft from the rideway line. So these would not cons this the trees around the building site right there would not need to meet the shelter belt requirements for the setback that would be considered landscaping around there

and there the you know the trees on the north are getting old and you know there's that huge threat of the ash boore coming so we took the opportunity to go in there and plant three rows of trees and still have a windbreak if that day comes. So, is that kind of your plan when those trees get developed, take the ones close to the road down? Yeah, we would like to remove them and then make that intersection a lot more friendly

because like I said, you can sit there all day and nobody stops at that intersection. Are there any additional comments or questions from members of the board? Seeing hearing none, then Richard, would you read the findings and facts?

Yes. An application variance application 2026 variant 007 application being having been filed with the Brookings County Zoning Commission acting as a board of adjustment. Copy of the application being attached are two. Application be made by Martin Davis regarding the following real property. The northeast 1/4 of section 14 Township 110 North Range 48 West Alton Township located at 21007 483rd Avenue Elton South Dakota 57026. After due notice of public hearing have been held on the application on this 5th day of May 2026. Number one. Number two. Number three. Number four. Number five. The Brookkins Brookkins County Board of Adjustment further determines and conditions this variance upon the following special conditions or safeguards. A preserve the location for existing trees to be out of falling distance out of the proposed new residence. B keep the proposed residence away from the detached garage electrical utilities located at the south end of the garage. The Brookings count Brookings County Board of Adjustment by at least two-thirds vote of its full membership present hereby grants the B petitioner variance for the pub described real property as follows. Build a 30x40 house with a 28x 38 attached garage 105 ft from the center of 483rd Avenue also known as Brookings County number 34. This variance is specifically conditioned upon initial and continued compliance with all the conditions and safeguards and five above and upon compliance with all applicable provisions of the Brookings County zoning ordinance. If approved, the Brookings County Zoning Director is

authorized to issuing crowd building permits for constructions consistent with the terms of this variance. This variance is not used within 3 years of the date granted. It shall be invalid dated this fifth day of May, 2026. Are there any additions or corrections to the findings of facts?

Mr. Chair, I find that this application meets the requirements of the zoning ordinance as long as the findings of facts are followed. So, I incur with the findings and facts. Thank you, Mr. Clark. That being said, Richard, would you call a vote? Tim Pollson, I. Cody Clark, I. Daryl Klein John, no. Kyle Vanderwal, no. Mark Jordby, yes. Neil Troyan, yes. Justin Degrroot, yes. Kelly Vanderwal. Hi, Chad Ford.

I. Motion passes. 7 to two. Thank you. We'll send you the your copies in the mail. Thank you. Get whenever you're ready. Moving on. Department reports.

Yes, sir. We we realized we got some rain in the last week. The county commission is going to look at the burn ban at the next county commission meeting. We're getting we're getting fire chiefs in parts of the county that wants it lifted. And we were just uh depends on how how dry it gets and how fast I presume. But just be aware of that. If you do have something that needs to burn, I would recommend you contact none emergency 911 number 6922113 and have them get help you get in touch with your local fire department. And there are some areas in the county that could probably burn with the permission of the fire chief, but um right now the burn ban's still in full effect. And the last thing I got is plantings in full production. So be careful because you you got all the city people that don't understand big farm tractors and stuff like that. So and that's all I got. Richard, do you have anything?

Yep. Since uh last meeting, we've been kind of busy, well busy getting all these reports done and taking going out and visits, but we've issued 22 building permits since their April 7th meeting. And um as of right now, agenda looks kind of light for the June meeting, but um there may be a possibility of a joint board of adjustment meeting. That would be just for the three or four members of this board that are on that. So stay tuned. We'll keep you informed if that comes through. So otherwise, outside of that, that's all that I have. Luke, do you have anything to provide? I do not. Have a good night. That's it, chairman.

Thank you, Luke. No need for an executive session. No, sir. We should be good to go there. Is there a motion to adjurnn? So move. Motion by Kyle Vanderwal. Is there a second? Second. Second by Cody Clark. All in favor? I. Meeting adjourned.