Planning & Zoning - Regular Meeting

Jesus. Third. 801 party or what? Go to work at 801. Perfect. Good evening and welcome to the June 3rd, 2025 joint Brookings County and City of Brookings Planning and 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. Approval of joint planning commission minutes. Is there a motion on the county side? So moved. Motion by Vander. Is there a second? Second. Second by Commissioner Vanderwall. All in favor? I. I. Motion passes. Is there a motion on the city side for the February 4th, 2025 minutes? So move solemn. Second, Jameson. All in favor? I. Motion passes. Thank you. Items to be added to the commission agenda. Added to the agenda by commission members or staff? County? I have none. City has none. Invitation for citizens to schedule a time on the commission agenda for an item not listed. Nobody disclosures, conflicts of interest, relationships to applicant or

exparte communication county side. Seeing none on a county side approval of agenda. Is there a motion? So move. Motion by Klein John. Is there a second? Second. Second by Pollson. All in favor? Motion passes. Approval of the agenda on the city side. So moved. Aken second. All in favor? Motion passes. Thank you. The joint county and city planning commission. The planning commission of the county of Brookings and the city of Brookings consists of both the Brookings County Planning Commission and a city of Brookings Planning Commission members. The concurring vote of a simple majority of those joint planning commission board members present voting is required to forward a recommendation to the Brookings County Commission and the Brookings County City Council at for the final decision of the resoning request. Agenda item 2025 JJRZ00002. Richard L. and Donna Rudbush have made an application 2025 JJRZ00002 to the Brookings County Planning Commission for property to be reszoned from joint jurisdiction agricultural district to joint jurisdiction residents R-1A single family district. The property is described as the east 1 acre of Rudabush edition easterly 2 acres of lot one in the northeast 1/4 of section 4 township 109 north range 50W Merry Township. Is there a motion? So moved. Motion by Kyle Vanderwal. Is there a second? Second. Second by Derek Langen. Richard, would you read staff

report? Oh, city side. Sorry. Motion on the city side. Second. Second. Thank you. Richard, would you read the staff report? Yes. 2025 JJRZ 002 Richard L and Donna Rutterbush have applied for reszoning of the east 1 acre of Rutbush edition easterly 2 acres of lot one in the northeast 1/4 of section 4 township 109 north range 50 West Maderi Township located in the Brookings City Brookings County joint jurisdictional area from a joint jurisdiction agricultural to a joint jurisdiction R1A single family district. The property is located west of the intersection of West 20th Street South and West 16th Avenue South. Lot one of Rud Bush edition was planted on October 24th, 1989. And the easterly two acres of lot one was deed off on November 8th, 1989 as there was a mobile home on the property at that time which was a non-conforming use. The mobile home was removed and the property became non-built a non-buildable lot for a residence in the agricultural district as is as it is a non-conforming use. The property is in the flood plane and would need to follow the city of Brookings flood plane ordinance for building in the flood plane. If if the resoning request is approved, the current owner has a purchase agreement for the above described property provided this resoning request is approved. Brookings County Development Office has reviewed the resoning request and has no objections to the request providing it meets the requirements of the Brookings City Community Brookings Community Development Office. Brooking City Planner Ryan Miller, which in his report is included in here at the end of this. The resoning request will be heard by

joint meeting of the Brookkins County Planning Zoning Commission and the City of Brookings Planning Commission as it as it is in the joint jurisdictional area. The decision made by the joint planning commission is a recommendation to the Brookkins County Commission and the Brookings City Council for their final decision of the resoning request. Public notices were published in the Brookage Register on May 20th and 27th, 2025, and the applicant notified the abuing land owners by certified mail of the of the proposed resoning request at least 14 days prior to the public hearing. And letters were sent to the Midair and Brookkins Township Chairman and Clerk and the Brookings County Highway Department. Here's the applicant's reszoning petition. This is the plat of the property. This is uh lot one and this is the easterly two acres right here that was deed off. This is a beacon map showing of the property. This is subject to this is the two acres. This is the easterly two acres approximately where the hash mark is there. The red area denotes the flood plane as it is all there. This is just some photos of the area. Um this is just looking west uh from the driveway along 20th Street South, otherwise known as 214th Street. Uh this is the driveway looking um towards the south. This is looking from the driveway looking towards the east on 20th Street. Uh this is the east uh property line where this fence is right in right here. Uh this is just looking from that east property line back to the southwest towards the southwest across the property. Um this is along the same along the front of the property along

the road. This is approximate um really hard to tell where that boundary where that east one acre would be, but I'm approximately right in this area just by um counting the fence post that they had put in. So, and this is just looking back towards the southeast from the driveway there. And that's all that I have. And I have um Ryan Miller's report. So, Ryan, thanks. Rich, could you just uh scroll down to the maps, please? I think the Okay, there we go. So, as Rich mentioned, this area is within the revised flood plane area. This is the revised flood plane map um showing the area of the reszone in the red uh outlined box. It is uh entirely within the flood plane area. The city of Brookings comprehensive plan does discuss the flood plane extensively and the need to protect the areas within the flood plane um from development that could have negative impacts on our flood plane. Uh therefore, our future land use map, if you scroll into the next one, does show this area. Uh our future land use map um adopted with that 2040 comprehensive plan identifies area areas within and within the joint juris joint jurisdiction area for uh low medium um high density development types of of various types. We also do have an open space flood land future land use category which does cover uh the extent of the flood plane. So the open space flood plane feature land use category would not support any sort of reszone um out of the current a district can continue scrolling down here. It's just a location map of the reszone area and the last one at the very end here our zoning map showing the current zoning uh districts in place and it is entirely surrounded by a districts. And that ends the city staff report.

Thank you. Is the applicant here? Would you come forward for questions from the board at this time? As you approach clearly state your name into the mic, please make sure the green light's on. Thomas Chandler, I'm here on behalf of Rick and Don Donna Rudabush. Are there any questions from the county side at this time? Question from city board. You can go back to your seat for a second. We'll open the public hearing now. Seeing 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? Seeing and hearing none, is there anybody in the audience that is opposed to this? Seeing and hearing none, I'll now close the public hearing portion. Move back to the board for additional comments or questions. There any additional comments or questions on the county side? City board. You want to go first or we go first? You can go first. Call your vote first and we'll do ours after you. Ryan, call the vote, please. Leur, no. Jameson, yes. Spear, no. Henrik, yes. Ron, yes. Sullum, no. Aken, no. Lety,

no. Motion fails. Richard, recall roll on the county side. Yes. Commissioner Kelly Vanderwal, no. Pollson, no. Klein, John, no. Kyle Vanderwal, no. Mark Droby, no. Um, Justin Degrroot, no. Randy Jensen, no. Everybody and Ford, no. Motion fails. This is a recommendation on to the city planning, city council, and the county commissioners. It'll be published in the paper. The next meeting for that um would be on July 8th is when the public hearing tentatively set for right now. Be July 8th at 5:30 p.m. for the consideration by the city council and the county commission on this resoning request. Thank you, Richard. Uh is there a motion to adjourn on the county side? So move motion by Kyle Vanderall. Second. Second. Second by Paul. All in favor? I. Meeting adjourned on the county side. Meeting to adjourn on the city side. Move to adjourn. Second. Jameson. All in favor. I. Meeting adjourn. Thanks. Thanks.

Are you scared? We'll be in County Planning and Zoning Commission meeting in one minute.

Good evening and welcome to the June 3rd, 2025 Brookings County Planning and Zoning Commission meeting. This meeting is being recorded, televised, and viewable on Swiftell Channel 19, ITC Channel 168, or the Brookings County YouTube channel. I now call this meeting to order approval of minutes. Is there a motion? Motion by Jensen. Second. Second. Second by Kyle Vanderol. All in favor? Motion passes. Items to be added to the agenda by commission members or staff. Just our regular staff report, sir. Invitation for citizens to schedule time on the commission agenda for an item not listed. Seeing none, disclosure of conflicts of interest to the relationship to applicant or exparte communication. I will have to recuse myself from plat 2025 plat 012. Any others? Approval of agenda. Is there a motion? So move Pollson. Pollson second. Second by Jensen. 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 plats, and me and amendments thereof to the Brookings County Commission. The commission makes its recommendation based on the the upon the adopted comprehensive plan for the physical development of the unincorporated areas of Brookings

County. As a matter of policy, all motions are made in 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 recommend 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 recommendation. Moving on, agenda item 2025 RZ00001. John and Joy Mills have made an application 2025 RZ01 to the Brookings County Planning and Zoning Commission for property be to be reszoned from NR natural resource districts article 4 chapter 4.04 to LP Lake Park Districts Article 4 chapter 4.03. The properties described as the northeast 1/4 the the northeast 1/4 and government lots three and four excluding lot one block one and lot one block two east goldsmith subdivision and excluding block one rose edition and excluding block one Vancutin family farm edition in section 9 township 110 north range 51W of the fifth primary in Brookings County South Dakota VA township Is there a motion? So move. Motion by Kyle Vanderwell. Second. Second. Second by Daryl Klein. Richard, would you read the staff report? Yes. 2025 RZ001. John and Mills and Joy Emails have applied for reszoning from a natural resource district to a lake park

zoning district with three size options that are that the board might choose. is one option area to be reszoned. Option one is 1.2 acres which is approximately 175 ft by 300 ft. Option two is 6.5 acres and option three is 8.7 acres. The applicant owns the property in Vulgan Township adjacent to Lake Goldsmith and wish wishes to uses it for a seasonal camping spot for his family. Lake Goldmith is located one mile north and one mile west of the city of Vulga and sections 9 and 16 in Vulga Township. is considered a meandering lake by the South Dakota Game Fish and Parks. The Natural Resource Zoning District was established in 1976 when the Brookings County Zoning Ordinance and the Comprehensive Plan were adopted by the Brookings County Commission. Brookings County Zoning Ordinance and Article 4 District Requirements Chapter 4.04 Natural Resource District Section 4.041 0401. The purpose natural resource district is to provide for the retaining of natural vegetation of a particular area to preserve the natural environment and resources from destructive land uses and to protect wildlife habitat. Such an area may include but is not limited to flood plains of rivers, streams, lakes, abandoned quaries, certain wetlands, natural prairies and historical sites. Areas contained in the NR natural resource district. Number one, all lands totally or partially owned by the state or federal government as wildlife production or public shooting areas. Number second one is all land unless otherwise noted within 300 ft of the original government surveyed meander line of bodies of water including appendix A. Number three is excludes all rivers and tributaries. Number four, any areas specifically zoned natural resources by the county. Lake Si, Lake Oakwood, Oak Lake, and Goldsmith are designated natural resource zoned areas.

The 2016 comprehensive plan land use plan for Brookings County on page 54 lists flood plane, shallow aquifer, soils, natural resources, and pipeline is areas of de development limitation, development constraints in the unincorporated unincorporated areas of the county. Brook Brookings County Zoning Ordinance, Article 4, District Requirements, Chapter 4.03 for the LP Lake Park District. Minimum lot size is 20,000 square feet with setbacks of 75 feet from the highest known water elevation, 8 feet from the side property line, and 25 feet from the road. Permitted uses and conditional uses in the Lake Park district allow for smaller lots and higher density. Lake Goldsmith is in zone B, the occuper materials map, and other portions of the lake and tributaries are in the flood plane. The decision made by the planning commission is a recommendation to the Brookkins County Commission for the resoning request. Public notices were published in the Brookage Register on May 20th and 27th, 2025 and the Bog Tribune on May 22nd and 29th, 2025. The applicant notified the aboding land owners by certified mail of the resoning request at least 10 days prior of the public hearing and letters were sent to the Vular Township chairman and clerk. This is the applicant's resoning petition. This is his options. This is option one. This hashmark area right here 175 by 300 1.2 acres. And option two which still is in the natural resource. The green area around here is a 300 ft area that is natural resources. Everything outside of that is zoned agricultural. So there's

option two would be to reszone the natural resource area about 6.5 acres. And option three would be um the natural resource area plus a little bit of the egg. Um if that would go through um was 8.7 acres. This is just showing the zoning districts and the flood map. The red area is the flood plane right in this area. This red area overlaps the natural resources. Another flood plane areas right here. Another one right there. This is just the history of how the natural resource district came about. Um through our consultant lake um first district association local governments that was prepared for our office in September of 2013. Just goes over the history of documentation of when it was first um founded and how it's continued there on ever since. with the included maps here. Just some pictures of the area. This is looking uh north down 463rd Avenue from the driveway there. This is looking west down the driveway from 463rd down to the driveway going to the west end of the property. This is looking south from the driveway on 463rd. This is just looking south southwest as you meander down the driveway from the um 4 on 463rd by the road. This is just meandering down the driveway before you go up the hill as you're heading west. And this one is um looking west as you get over the crest of the hill looking down towards the the rest of the prop

west end of the property there. This is the still just looking west from the driveway. Um this is the as you're down towards it. This is the turnaround area. This would be the area that would um proposed areas to be reszoned there. This is culvert that was put in when they made the driveway for water from the north side to flow through um down to the lake. Just at the end the turnaround area and this is just looking off to the northwest. Um at the end of the of the turnaround um this is the wheel is at the edge of the water. Um I measured back 300 ft. This is my starting point measuring back um for the 300 ft setbacks from the edge of the water line. And this is where 300 ft came. It's just not quite to the north end of the new driveway that was built. Um in there where the wheel is is at 300 ft. Um this is just looking um at the 300T mark towards the west. From there, this is looking um from the north looking south where the 300 mark is. Uh this is just looking um to the south of the turnaround there where the driveway is a southwest area that would he was looking to reszone there. This is looking west of the route the turnabout. This is looking west northwest. And then this is looking towards the north from the driveway. And that's all I have. The applicant is here this evening. Thank you Richard. Uh would the applicant please step forward, clear his statement, your name and on the mic for questions from the board before we open the public hearing. Good evening. I'm John Mills and I'm here with my wife

Joy. Do you want us to go back then? Uh just hold on here for a second. Um, can you go back to them districts there uh with the map the outline map of the natural resource area there, Richard? Like that? Yep. So on this one here, that block from the X up option three I believe was what you had. Or or do you want that sign out? Well, this one here shows the the natural resources deal. You could put a camper in that block without anything being resoned. Are you aware of that? We could put a camper north of the driveway. The cursor is up there where the cursor is. Yes. Just not in the highlighted area, correct? I mean, you're aware that I am nothing has to be done and you can do that, right? Are there any other questions from the board? The challen I speak to that question? The challenge with that is that it's just too far from the lake. If you're trying to monitor grandkids, you know, you just can't be that far away. Um, and we've got small grandchildren we're hoping to share the lake with and uh they need a bathroom and yeah, some supervision and somebody to jump in the water if they're having trouble. So, we need to be closer. I understand. Are there any other questions for members of the board at this time? Are you planning on putting a septic system in out there? Not immediately. I mean it might if we get the if we get this approval that would be allowable and maybe it's allowable even without I don't that I

don't know but that would be a likely thing down the road. Do you have utilities out there right now? No. The only thing we did was we put in the driveway last fall because that that peninsula that it's grassed it's never been farmed. It's the best place to access the lake because it's got a nice beach. Um, and we've been unable to get to it because we lease out the farm ground and we can't get there during the time of year when you want to use the lake and so we put the driveway in last fall. So, at least we can get to that grassy area. Did that answer your question? Are there any other questions for members of the board at this time? Seeing none, you can go back to your seat for a minute and I'll move to the public hearing portion. I'll now open the public hearing portion since I'm assuming the majority of the crowd is here on this measure. What do you think? Three minutes. I'll limit each person's testimony to three minutes. That way, we're not here all night. Is that fair? And we'll go with that. So, that being said, is there anybody in the audience that would like to speak as a proponent of this? Come up clearly, state your name, and say why you're for it. It's about one page, so it' be less than less than three minutes. So, uh, good evening. I mean, my name is Andy Johnson and I am here to speak in favor of the resoning request. The letter that went out to the neighbors um mentioned family and camping and and that kind of is me. I'm part of that family that has a camper. It was back in 2019. We bought a

camper. My family and I have used that around this eastern South Dakota area quite a while. Um we've bought a little bit bigger camper as our kids have gotten a bit bigger. Um and it's been something that we've really enjoyed. Um, we've been able to camp with our family, John and Joy, on a number of different occasions at at places around. For us personally, the the camping is getting a little bit tougher um as it takes more time to get around all the different areas. It takes time to hook up um and our kids are getting more busy involved in a lot of different activities. And so, um, for us, this location at Goldsmith was something we were really excited about because it's close enough that we can run back and forth to town if we need to. we have the ability to leave our camper out on the property for a weekend or or whatnot if if we need. Um so, you know, the the reasoning request is really an extension of that camping pastime. Um it it allows us, like I said, a number of different u benefits of leaving the camper set up, getting back and forth through the activities. But but the challenge that we have um while camping at Goldsmith, if we were to to be out there, is is really to enjoy the benefits of what the property has on the lake, that proximity to the water is important. Um my daughter joined me tonight. She's one of the people that I'd like to be able to have swimming in the lake. Um but if you took a look at the pictures that were up there from from the top of the road, you know, if we park our camper up there, you you can't see the water. And so it really limits the ability um to to utilize that property in a way that that I think would be beneficial and comparable to what other, you know, campgrounds and things that we've been at would be. Um you know, my hope is to be able to place the camper out there, watch the kids fish, swim, um leave it out there for a weekend or two, pull it back to our house. We live in Brookings, so we park it there.

Um I don't from from what I envision I don't see anything uh more uh detrimental to the area than you know farming up to the 35 ft or whatnot. So that would be my hope in in the resoning request is to be able to utilize the property there um continue some of the family camping that we've been able to do. So thank you. You bet. Is there anybody else that is for this? Anybody else? Sorry. May I speak as a proponent as well? Thank you again. It's John Mills. I just wanted to have an opportunity to talk as a proponent beyond just answering those initial questions. I hope you have more questions because I think some conversation would be good. Uh with your permission, Mr. Chair, I'd like to hand something out. you. There were a lot of things in your packet, but one thing was missing and that Do I have your permission? Yes. Go ahead. Uh, this is the letter that went out to the neighbors. I just thought it'd be good if you if you had that in front of you to read so you could see what they received. Um, and it does really outline our u our goals for this property and the reasons for the request. I had come in initially asking the question and and Mr. Hogen can verify this, you know, can we place our camper out there? And he said, "Yes, as long as you stay back 300 ft." And then I asked him, uh, is there an he, uh, once I knew that, I said, "Well, is there an opportunity for a conditional use?" Sometimes a planning commission will provide a conditional use that they know is just specific to one person because this is really just intended for my family. Um and he said no, that's not an option. Uh that resoning was the only choice we had. And so that's why we're here tonight. And

the reason I I brought three proposals in is I just thought you should have some choices. Uh the smallest one will do for us because like I say, this is really just for ourselves. Um, I would also say that I wasn't aware until actually just about an hour before our meeting that some letters had been sent in opposing uh this and that I'm I'm sure people will get up to speak. Um, and I I understand their concerns. Uh, we did try a larger uh resoning about 10 years ago and that was uh denied. Uh people were nervous about the size and the scale of that and I want to respect that and so what we've come in tonight with is just the very smallest for just my family. Uh and I would pledge to you that I won't be back to ask for anything different uh if we're granted uh this request. And and I would just say that anybody who looked at this land would say that its highest and best use, what it's best suited for is lake access. And so to me as the land owner, it's only reasonable that I should be granted lake access. And I would argue to you that restricting me to staying back 300 ft makes that access not usable for my family. I can't have my grandkids out there and watch them from 300 feet away. And the women and the children need a bathroom. I might be okay going behind a tree, but that doesn't work for everybody. And I'd like to be able to go out there and picnic and spend an afternoon, not just an hour uh and enjoy that with my family. And that seems like a reasonable request from a land owner. And so it's a 46 acre piece of land. I'm asking for my family to use that one piece. And so I would ask that you're for your favorable

consideration tonight. I apologize for my voice. I'm kind of losing it. But thank you for your attentiveness. And if you have questions, I'm here. Thank you. Is there anybody else in the audience for this? Seeing none, Richard, do you want to start with the letters or do you want to start with public testimony? I'll read the letter we did receive. We'll move to the opposing size and sign and we'll go to the letters first and then we'll go to actual testimony. The other letters were posted in and mon and online. This letter was received past the deadline and was received this morning. So, I'll read this um that we received via email this morning. says, "Good morning, Robert. In a letter to the zoning board, I was returned today. Returned to me today, unable to forward stamp on it. I'm hoping my email reaches you before tonight. I'm writing writing to oppose the John and Joy Mills development by Lake Goldmith. Development they want affects not just everyone in our county's community with traffic and hazards, but concerns for lake traffic and accidents. I would love to say that it is believed that the driveway that was built on the ground is for a camper to be pulled on a couple times a year, but but my belief by the size of the equipment and how long it took is that if passes will if this passes, we will not just have one or two campers out there with family in it. We will have spots and people there just to camp and have parties. I do not feel that there is I do feel there is a hidden agenda to this application. Thank you, Jason and Delena Vancutin. Is there anybody in the audience that would like to speak against this?

Make sure you clearly state your name into the mic. Okay. Thank you, board. My name is Todd Rose and we live adjacent to the land being proposed for resoning. Um, our house is in the sighteline of the pictures that were shown. Um, especially the last picture you could see in the background there. I've sent a letter in uh timeline of past proposals and just want to let you know that we're in opposition. Um, thought of a couple other things as we're as was being discussed tonight that we've raised, you know, we're 300 feet back. um because we had asked to reszone and and that was um rejected quite a while ago. So, we've raised two kids there 300 feet away uh without a problem. And um actually that's all worked very well. And the other thing is if it does resone, it doesn't necessarily stay with that family. So whatever happens, if it was reszone, it doesn't mean it stays and and it just stays as that small little portion. Thank you. Thank you. Is there anybody else opposed to this that would like to speak? Say your name and mic. My name is Chris Thompson and I live on the south side of Lake Goldmith on the south side of the road. Um I understand what they're asking for. Um, I also understand that they're in the same predicament as everybody else, but we all had to adhere to that. We live there with seven grandchildren under the age of 10, and we don't have the luxury of being right on the lake. We do what everybody else

does and that is you take your lawn chairs and you go sit with those kids right on the lake. They do have the option of camping by that lake. It's just 300 ft back like everyone else. So again, we have all these grandchildren as well and we go sit with them right by the water in a lawn chair and we don't have that access that they're asking for. So, and I agree that land if it was to be reszoned may not stay in the Mills family and then it's it's an open ball game for anybody. So, thank you. Thank you. Is there anybody else that opposed this that would like to speak? Thank you for allowing me to um voice my concern to this commission. My name is Kathy Halens and my husband and I, Bill, have property on the north side of um Lake Goldmith and I'm just here to state that we strongly oppose the application to have this land reszoned. Thank you. Is there anybody else that would like to speak? Jesse Jensen, North Side of Lake Goldsmith. I oppose this zoning. Is there anybody else that would like to speak? My name is Sheldon Thompson. I live on the south side of Lake Goldmith. Chris is my wife. And as she stated, we live a south side of the lake on the south side

of the road. And we are currently in the process of building a a new house just to the east there. And we would like to be closer to the lake, but we understand that rules and regulations are in place for a reason. And uh we are we are willing to abide by those rules and we would hope that everybody else would be held to that same standard. We have seven grandkids. Like Chris said, they love being down like by the lake and we go down there with them and that's where we watch them. We don't watch them from 300 ft away. We go with them and everything seems to work out just fine. And we are strongly opposed to to uh their initiative and I appreciate the time that you've given me to speak. Thank you. Yep. Is there anybody else that would like to speak in opposing this? My name is Irene Olsen. My husband and I oppose this. We are afraid with campers coming the four-wheelers and ATVs that race around the lake already and that will add more traffic and we just can't see having campers around there. Is there anybody else that would like to oppose this? Seeing none, I will now close the public hearing portion of this. I'll move back to the board for additional comments or questions. Um, the first question I'm going to have is for Luke.

Uh, is there anything about this in our 2016 land use plan? Uh, yes, Mr. Chair. Luke Mueller, First District Association of Local Governments. Uh I was involved in the update, as you know, uh to the land use plan back in 2016 in that process. For those of you that are familiar with me, you know that it's my job in many cases to talk about options for rules and then once you decide I have to talk you out of them or have a discussion about it so that I can understand what you were getting at. So I remember some of these policies pretty well. on uh page 44 of your land use plan there's some or sorry 43 of the land use plan there are some policies involving uh development in uh development limitation areas. Uh one specific policy referencing natural resource areas says those areas identified as flood plane comma groundwater aquifer comma natural resource which is what we're talking about here shall be managed in such a way as to prevent premature development of other land uses. Uh, one other policy says in situations where permission is needed and the situation warrants an evaluation, the county will rely on both technical sources and public input in making decisions. The other point and I I remember this one quite specifically on page 44 that was brought in and it's a policy on uh residential development which um even though this is a limited scope it does qualify as a change to residential development going to Lake Park because it could change ownership there. It is to discourage the reszoning of property to Lake Park District unless the following general design criteria are met. And that's also on page 44. It says connection to an

approved sanitary sewer treatment facility. Connection to an approved public water supply. Uh the development and maintenance of interior street should be the responsibility of the developer of homeowners associations. Direct access to the development to a federal and state highway. Many of these things were stated in previous uh requests to reszone that were at a much larger scope in this particular case. Uh there are a couple other points there as well. Uh most specifically though is in reference to the future land use uh section on page 58 of the land use plan where it references developed lakes of the future land developed lakes future land use. In paragraph two in the middle of it, it says, uh, despite the small portions of Oak Lake and Lake Goldmith being zoned for Lake Park, parenthetically residential development, it has been and continues to be contradictory to the goals of this and past Brookings County land use plans dating back to 1972 to allow expansion of moderate to highdensity residential development without the establishment of public quasi public sanitary sewer collection systems operated and paid for exclusively by the residents utilizing it. For that reason, any action which would remove the zoning designation of natural resources district from any property already so designated is discouraged. Uh those are the three uh four specific locations where this would probably uh come up against something that was updated in 2016. But probably the only specific language to this that was really um carried on above and beyond was um was that last paragraph and I specifically remember that conversation at a public hearing before uh that was adopted for what it's worth. So, uh, some of those just to update because I knew where those sections were.

Thank you, Luke. Are there any additional comments or questions from members of the board? Seeing hearing none, finding facts on this. Seeing and hearing none, Richard, would you call the vote? Uh, Mr. Chair, uh, point of order. I don't know that we even have a motion. Do we? Fair assessment. Okay. Before Before you make any motion, um I if it's okay, um I want before that motion is made, either one, you want to make a general uh motion for an area that could be uh subdivided and specified in the future um or um have further discussion. And if somebody says this one spot is the only one that makes any sense to do it like in his requests, it would be helpful to make that specific note. It is my opinion this request is unorthodox, but it makes perfect sense given the history of it where you would bring it in with a few options. I think that makes sense because um it doesn't make any sense for Mr. Mills to go out and plat a property betting that you'll reszone it. So, it does make sense to go ahead and make it this way, but it would be helpful if you picked an option if you're in favorable to one. If you're not favorable to one, you can make a general uh motion to approve property um subject to platting. Uh how do you suggest I do that? to ask to just take a vote for which option somebody would think the best and the most votes for one option wins or how do how do you want me to ask that? Uh you could you

could have discussion about it or go ahead and ask if someone wants to make a motion for option one or option two or just any property in general. Is there anybody that would like to make a motion for a specific option? I'll make a motion for option one. Motion by Jensen for option one. Is there a second? I'll second. Second by Daryl Klein. Is there any discussion on option one? option one would be the 175 by 300 1.2 acres just in the natural resource area. Is there any other questions about option one? So would that be the only part going just that would all be the only like part? Yep. This would be they would have to plat this out if it's approved. Okay. This be 1.2 acres would be the only part that would be reszoned if it's approved. Okay. There any other questions or comments from members of the board? Well, this is the one that they want to go with. So, we'll see where it goes with this one. And Mr. Chair, should um one point that should probably be clarified, maybe that was what Richard

was asking. Um does does a no vote uh a yes vote would clearly go for option one? Uh it should be specified whether or not a no vote is for all three options or just for that option. My recommendation well it's really up to you guys but it should be clarified. So should we vote on all three options as a whole board? You think if if option one passes, we just go with it. Yeah. And if it doesn't, we can vote on option two and option three. That would likely make the most sense. That sounds like a good I don't want you to be in a position where you didn't act on something and that then gets forward on forwarded on without action. That's a fair assessment. So, Option one. We have a motion and a second for option one. Sir Richard, would you call a vote on option one? Kelly Vanderwal. No. Excuse me. Kelly Vanderwal. No. Paulson. No. Klein John. No. Kyle Vanderwal. No. Mark Droby. No. Justin Degrroot. No. Randy Jensen, yes. And Chad Ford, no. Option one fails. Is there a motion for option two? So moved. Motion by Kyle Vanderol. Is there a second? Second. Is there any discussion on option two?

Can we scroll to the picture of option two, Richard? This would be the hash area for option two. 6.5 acres. Richard, would you call the vote on option two? Pollson, no. Klein, John, no. Kyle Vanderwal, no. Mark Joinby, no. Justin Degrroot, no. Randy Jensen, no. Commissioner Vanderwal, no. And Ford, no. Motion fails. Is there a motion for option three? So move. Motion by Justin McGro. Is there a second? I'll second that. Second by Mark Jorby. Is there any questions or comments or discussion on option three? Option three, Richard. Yes. Option three would be this hashmark area. Seeing none, Richard, would you call the vote? Klein, John, no. Kyle Vanderwal, no. Mark Joinby, no. Justin Degrroot, no. Randy Jensen, no. Commissioner Vanderwal, no. Tim Pollson, no. and Ford. No.

Motion fails. Thank you, Richard. Moving on. Agenda item. You need Are we done on the main motion? Well, we're done on We should be done on all of it, right? Is there the main motion on the floor yet? No, those were those were each individual recommendations all leading all involving the application. Okay, that's you may want to have a conversation with Dan as to how to handle the motions at the public hearing and action of the county commission. This will go on to the county commission for their consideration. Let me get the timeline here. Um I believe that will be July 1st. But the time to be determined later on there. That being said, moving on. Agenda item 2025 plat 012 plat of Foster edition in the northwest 1/4 of section 27 township 111 north range 49W of the fifth primary in Brookings South Dakota

Do we have a motion for the plot? So moved. Second. Second. All in favor? I go over the staff report. Yes. 2025 plat 012 Michael Foster is platting off 59.5 acres of pasture from the farm ground that he from the farm ground from a of the 139.2 2 acres in section 27, township 111 north, range 49 west of the fifth primary in Brookings County, South Dakota. And it does meet the platting requirements of the comprehensive plan found on page 24 for the agricultural land use. Here's a proposed plat. This is the pasture area. Here is the plat on the beacon map. Just follows the around the the farm ground and the pasture there. This is what it is. The shape of the parcel there follows the creek and edge of the pasture and the farm ground. This is the whole parcel as it is. That's all that I have. and the applicant is not here this evening. Okay, we will open the public hearing. Is there anyone that is for this? Seeing hearing none, anyone that is opposed to this, we will close the public hearing. Any additional comments or questions from the

board? You can call the vote. Kyle Vanderwal. Hi. Mark Joinby. Hi. Justin Degrroot. Hi. Randy Jensen. Yes. Commissioner Vanderwal. Hi. Pollson. Hi. and Klein John. Hi. Motion passes. Heck of a break. Moving on to agenda item plat 2025 plat 013 plat of Cook edition in the Brooking of the county of Brookings South Dakota located at the southwest 1/4 of section 33 township 111 north range 47W of the fifth primary Brookings County South Dakota. Is there a motion? So moved. Motion by Cal Vander. Second. Second by Pollson Richard. Staff report. Yes. 202513 Joel and Lesie Cook have submitted a plat that will plat off a 10 acre building site from the 160 acres they own in Richland Township. The building site consists of mature mature shelter belt, quanset, and polar barn. The house was removed in 1991. The plat does meet the platting requirements of the comprehensive plan found on page 24 for the agricultural land use. This is a proposed plat irregular in shape there being the reason for the platting. Here is the plat on the beacon map. Two existing buildings in the

shelter belt there. and the road um going to the east of there had been vacated and they went back and unacated that portion up to the driveway so they could have access to that. So it was vacated down to the road and they unv township unveated it back so they could have access but the rest of the road going east from their driveway is still a vacated road. So just making a note of that on that's the only thing in uh unique or particular with this particular one. So and the applicant is not here this evening. Thank you Richard. Since applicant isn't here we'll move to the public hearing portion. Is anybody in the audience is for this? Seeing and hearing none is there anybody in the audience is opposed to this? Seeing and hearing none I'll now close the public hearing. Is there any additional comments or questions for members of the board? Seeing none, Richard, would you call the vote? Drawby, I. Degrroot, yes. Jensen, yes. Commissioner Vanderwal, yes. Pollson, hi. Klein, John, hi. Kyle Vanderwal, I. And Ford, I. Motion passes. Moving on, agenda item 2025, plat 015, plat of lot 31 of Turtle Bay edition, located in the south 1/2 of government lot one of the northeast 1/4 of section 29 township 109 north range 50W of the fifth primary and in a portion of the northeast 1/4 of the southeast 1/4 of section 29 township 109 north range 50W all of the fifth primary in and a

portion of government lot two in the Southwest 1/4 of section 28 Township 109 North. Or did I skip one? Hey, look at that. We'll back this up again here. I had it stuck together. Agenda item 2025 plat 014 plat of lots 4 A and 4B block and block one in Lake Park second edition in the east 1/2 of the northeast 14 and government lot 7 all in section 28 township 109 north range 50W of the fifth primary Brookings County South Dakota. Is there a motion? So move motion by Jordan B. Is there a second? Second. Second by Commissioner Vanderol. Richard, would you read the staff report? Yes. 2025 plat 014 Dan Park is subdividing lot four into lots 4 A and 4B um each for a town home. Lot 4A contains 36,956 square ft and lot B, lot 4B uh contains 22,829 ft. Both lots exceed this exceed the 20,000 square foot lake park requirement and Mr. Park was granted a condition Lake Park conditional use 24 CU00004 for a twin home on August 6, 2025 for constru construction of the twin home and is nearing completion. And this is subdividing the lot uh for each home. And the plat does meet the requirements of the Brookkins County subdivision, the Lake Park zoning or ordinance, and the 2016 comprehensive plan for the developed lakes and existing land use. This is the plat showing 4 A with the 36 plus,000 square feet and 4B with the 22,800 square

ft. Here is the plat on the Beacon map. This shows the way one large lot. Now it's just divided into two for the twin home. Here's the beacon of map just showing one large lot the way it is now and that's all that I have and the applicant is not here this evening. Thank you Richard. If the applicant is not here we'll move to the public hearing portion. Is anybody in the audiences for this? Seeing and hearing none is anybody in the audiences opposed to this? Seeing and hearing none we'll now close the public hearing portion. Is there any additional comments or questions for members of the board? Richard, would you call the vote? Yes. Degroup? Yes. Jensen? Yes. Commissioner Vanderwal, hi. Pollson, hi. Klein, John, I. Kyle Vanderwal, I. Jornby, I. And Ford, I. Motion passes. Try this again here. Now, agenda item 2025, plot 015. Plat of lot 31 of Turtle Bay edition located in the south 1/2 of government lot 1 in the northeast 1/4 of section 29 township 109 north range 50W of fifth primary and in a portion of the northeast 1/4 of the southeast 1/4 of section 29 township 109 north range 50W of the fifth prime rating. in a portion of government lot two in the southwest 1/4 of section 28 township 109 range 50W of fifth primary radian all in Brookings County South Dakota is there a motion so motion by Jensen second second second by Kyle Vanderroll Richard would you read the staff report yes 2025 plat 015 Tim Hogan has submitted a plat for lot

31 in Turtle Bay edition on the west side of Lake Campbell preliminary plat was approved on June June 6, 2024. And the plat meets requirements of the Brookings County subdivision ordinance, the Lake Park zoning ordinance, and the 2016 comprehensive plan um for developed lakes existing land use. On page 11, here is lot 31. Here's just lot 31 on the the Beacon map. This just the beacon map showing without these without the lots one large parcel the road service road going through there. That's all that I have and the applicant is not here this evening. Thank you Richard. Since the applicant is not here we'll move the public hearing portion. Is 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. Are there any additional comments or questions for members of the board? Seeing and hearing none, Richard, would you call the vote? Jensen, yes. Commissioner Vanderwal, yes. Alson, I klein John. Hi. Kyle Vanderwal, hi. Mark Jornby, hi. Justin deg. And Ford I. Motion passes. 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 use, and appeals from decisions of the zoning officer. The concurring vote of 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 and voting is necessary approve for approval of a conditional use permit. In accordance with Robert's rules of order, we require a motion to approve a request before it 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 shall authorize variances from zoning requirements for special conditions existing on the land will result in an un unnecessary hardship for the applicant. Financial disadvantage to the property owner shall not constitute proof of an unnecessary hardship. Moving on agenda item 2025 CU005. Teresa Hollowman has made an application 2025 CU005 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 nine extended home occupation. The property is described as the south one half of the south one half of the northeast 1/4 excluding the west 2000 ft in section 2 township 109 north range 49W Trenton Township located at 2143747th Avenue Aurora South Dakota 57002. Is there a motion? So moved by Pollson. Is there a second? Second. Second by Klein John. Richard, would you read the staff report? Yes. 2025 CU005 Terresa Hollowman has applied for a chapter 4.01A agricultural district conditional use number nine extended home occupation for an event center. Her residence is located at 4 on 477th Avenue which is a Trenton Township gravel road 2 and a half miles

south of US14 or 2 and a half miles north of South Dakota Highway 324. She was approved for conditional use 23 CU004 for an extended home business for a small children's boutique business on March 7th, 2023. And she is closing her current extended home business and would like to change it to an extended home occupation for an event center. The event center would have a maximum occupancy of 99 people at the applicant's request. The current building would be remodeled to include an event area, kitchen to prepare and serve food, eating area, bar, and lounge to serve beer and wine. Bathrooms are already in the building. The applicant will need to the appropriate license from the South Dakota Department of Health for the food preparation and serving and approval from the Brookings County Commission and the license from the South Dakota Department of Revenue to serve beer and wine. A link would be added between the existing buildings to the north and this would be used as a waiting area. Parking would be done by valet parking attendants in the designated parking areas to the south of the house or east of the event center. The driveway and area in front of the event buildings are cemented. A cement patio area would be added around the outside of the buildings. Security would also be provided for the events. The applicant would need a road agreement with Trenton Township officials for her extended home occupation for the event center. Uh the board would need to consider does this meet the requirements in the Brookings County Zonoting Ordinance Article 5 under the general requirements chapter 5.24 extended home occupations found on page article 5 page 32. Uh public notices were published in the Brookings Register on May 20th and 27th, 2025 and letters were sent to the joining land owners Trenton Township chairman and clerk. Here's the applicant's conditional use uh permit

request. This is her site plan. Oh, this is the driveway out here. here. It's a gated She has a gated driveway. This is the driveway. Comes up, goes to her house. This is where the parking would be on the south side of her house for valet parking down here. Uh the overflow would be up. You'll see seen in my photos that I took. Overflow would be up this way between the row of trees up there. This is her main driveway coming up to her main building. And this is there would link be added between the two buildings if approved for uh this area to be remodeled into a waiting area for her clients. This is her business plan. This is a beacon map showing her property. This is the driveway, 477th Avenue here. The cement driveway coming up uh to the house and then to the two buildings. Uh this would be uh this is where the valet parking would be along this area on the south side. And this would be the over overrun would be up in this area right here. And there would be a link between these two buildings. Uh if approved, she would uh in time or um put a link between there so they would have access from the main building to the to the other one. Um the north building is currently just cold storage. So it takes some uh remodeling and updating to uh for that use. Just photos of the area from the driveway looking north on 477th Avenue. A nice clear view going that way to the north. Uh this is looking towards the west down the driveway towards the uh her business her existing buildings, the one she uses for the uh children's boutique. And this would be the advent center right there. Uh this is looking south. Nice clear

clear view there. Uh this is that parking area on the south side of her property, south of her house. Um fairly wide. It's also used for access u between her and they have an agreement on the adjoining uh the neighbor that rents the property back there for his access. Also, this is just looking up the driveway towards the house. This is looking up the driveway towards the two uh proposed buildings. The big one on the left would be the event center and the one on the right would be um a waiting area for that. Um same here just a looking looking at it from the northeast looking towards the southwest there. Uh this is the would be the waiting area. This would be the main building. This would be the overflow parking area here. This just shows the front of the building. Um this door garage door would be moved if plans progress and she um go gets the approval to go ahead with that. That would be removed. The main access would be might be a door here but another one right here. This is just looking in from the walk-in door towards the west the way it is right now. This is uh I believe a bathroom area right there. This is just looking towards the towards the east end of the building. This is where that garage door is. Uh this is where she has existing bathrooms and different things that would be um this might be remodeled into a lounge or bar area there where that would be served. Um bathrooms here. Uh towards the west end would be maybe your kitchen and food prep area. Um this is the building uh to the north that would be uh converted into a waiting area that they would put a link between them. So um uh that's all that I have and the applicant is here this evening. So thank you Richard. Would the applicant please step forward and clearly state your name into the mic?

Good evening. My name is Teresa Hollowman. Do you have anything to add to Richard's report? Do I? What? Do you have anything to add to Richard's report? Uh, the only thing I would say is like he mentioned a link between the two buildings. And I'm not really thinking about connecting the buildings, but I I just want to put a door in the back end of the building and then a door right across from it into the other building. Just so it's not going to be connected. It's just so they have a quick way to get from one building to the other. Um what else was there? That front where his car is parked right there. So there's an overhead door right there. So, the idea would be to um remove that overhead door and then on the south west end there's another one and that one would also be removed. And the contractor that I've been talking to um we'd like to design like a a stone archway and then double doors. And we'd also build out on that main and do like a circle I' do a circle drive there so that uh a limousine or a shuttle or a vehicle or whatever if it's raining it's nice when the bride if if if it's for a wedding or even other parties I suppose if there's a way they can get out of the vehicle and not get rained on. So, we'd have I don't remember how many feet he said he'd bring it out, but I think he said like 20 feet or maybe 28 might have been what he was talking about, but but it it will be beautiful. I don't I've owned the property for six years now, and I've already added not on this part, but on the other side, the south side, I've got apple trees, pear trees, peach and plum, cherries. Um I've put in cement driveways. I've brought in um really nice curbing and rock. I don't know if any of you have ever driven out

that way, but even the fencing, I've fenced the entire property in now. Um just trying to beautify it. And the reason I'm kind of switching gears, I would like to is because the retail has just been a struggle ever since co. It's just and that's actually why I originally requested the conditional use in the first place to move my store from Brookings out there. just trying to hang on and it it's retail just has not bounced back. It's just difficult. So, I was trying to speak to people in the community and try to get ideas because it's just me that lives out there just by myself with my chickens and my dogs and cats. Um, and I don't want those buildings. They're beautiful buildings and I don't want them sitting there not being used. So, I was trying to think of what would be a great service, what what would help the community. And uh when I had the idea of an event center or that type of venue, I literally have seven brides to be right now who they want to schedule something. And one of them canled her wedding that she had scheduled for this August. And I told her, I said, "I'm I might not be able to do it." She goes, "I don't care. I'm counseling cuz if I have any chance. So I know there's a need there because a lot of the brides are going to Sou Falls, they're going to Water Town, they're going to other places. So it's taken business away from our area, I think, because when you have an event, you've got caterers, decorators, florists, planners, videographers, photographers. There's a lot of people that you know you're bringing business to them. Plus, when there's a wedding or sometime event like that, uh many times people will come and spend the weekend. So, now we're bringing business to our hotels and people fill their cars with fuel and um they go out to eat and they

look for entertainment. So, I just feel like it would be a good addition to the community in that area. And I would follow any kind of permits that I would need, any anything that would be required. I've also in the past owned um I don't know if any of you remember Jojo's candy arcade here in Brookings, but I had a little cafe there. So, I've been through the whole food service certification, everything. I'm very familiar with the health department regarding that. Um so, I would be very excited if this is something that you guys would allow me to do. And I I feel like it would be a great retirement plan for me because I've been an independent contractor my whole life. I don't have a 401k. I don't I don't have anything other than residual income from a business that I currently own. Um, so this would be another way for me to uh make my property profitable for me and for the community. So, thank you. Is there any other questions from members of the board at this time? You go back to your seat for a second then. Seeing no questions from the board at this time, I'll move to the public hearing portion. Is there anybody in the audience that is for this? Is there anybody in the audience that is posed to this? Seeing none, we'll now close the public hearing and move back to the board for additional comments or questions. I just kind of got a question. And I know it just, you know, the there's other um event centers in the county, but I know like when we it asked about um you know, seeing if this would fit into that um uh the chapter 5.24, you know, that talked about veterary practices and welding shops and professional services. would I guess would this be kind of a professional

service or or you know or or is there other um I don't know what do you want to call it classifications it's kind of a gray area kind of leaves leaves it up to the let me ask Luke for his interpretation there but it's it's be up to the board if you don't if you think this use would not be a um go against the other uses that are out there already with the other agriculture uses. You got the elevator to the north. Yeah, I was I was trying to um if it would be compatible with the other uses on there, would the traffic or you know um traffic and things like that affect it? Um is there a what is the specific language in the ordinance? I was trying to pull that ordinance up here quickly. Do you have that handy, Richard? Yep. Because I want to make sure and say it correctly. Uh here's the truth. It's not a personal service. Uh event center is not a personal service. Um it is typically considered like a um well a specific banquet facility. It's usually allowed under banquet facility bar tavern. Um used to be known as dance hall and things like that. That's not to say it's not there, but um nonetheless, basically what you're doing is you're making the determination that this use is not um incompatible with other agricultural uses in the area, if I remember correctly, and I'll get that language here in just a second. So, in order to say yes, you're going to have to go along that lines. I will say that this fits much better within your ordinance than the existing use of uh operating a children's boutique. uh dismatches much better to your ordinance than that does. Um the other thing that I would note though is um for my own if if you're asking my own

input on this as well, if you are to allow this, I do recommend that it be something that has a time limit on it and then to be able to be renewed, but do not do a normal one. One year isn't going to work for her because she's got to have she's got to be booked out a while. I'd say a minimum of two, probably three years and allow her to come back inside of a year and a half, right around a year and a half. See how the summer goes or the following maybe half of the summer goes, something like that. My own recommendation on that. If you're going to say, "Yeah, maybe I depending on comments you've received, you may not have much to lose there." Sean, can you turn the uh camera on here at the commission at the front desk? The monitor is rebooting or thinking here. I cannot turn it on. Okay. Here is what it says for the the wording of the home occupation. Comes down to here says the ones that are there. Then it goes on to the next page. Professional service and others which in the opinion of the board of adjustment would not conflict with adjoining land uses. So quite clearly what you did in the previous case was that it was the board's finding that this that the use wouldn't conflict with the adjoining land uses. So in saying yes, you would be attesting that this use will not conflict with adjoining land uses. If you don't feel that way, then you know where you probably have to vote. How did we hand the application for that Bennett barn? That was an extended home

occ. that was underneath the old ordinance where we could add things like that if we if the board felt it was wasn't quite as specific or language wasn't as specific what it is like it is here in the new ordinance. So if you think extended home occupations are supposed to be geared towards agriculture, if you don't think this is going to be conflicting with the agriculture and farming and the community around there, then you see it's fine. and then you can vote to um approve it. If we think there is going to be a conflict on there, you can deny it. Any additional comments or questions from members of the board? One question I have is, have you started conversations with the Trenton Township Would you please step back up to the mic? Yes, I actually spoke to them when I first had the idea just to see what their thoughts might be. Um, and uh, even yesterday I spoke to Todd Nelson and he said he doesn't have a problem with it at all. Terry Pritchard said the same thing. Um, they would just they liked the recommendation. And I don't know if it was someone here that made it, but they felt that I needed to have a road agreement with them just so that um I'm not asking anything further from them than what other people are getting. And I said that's completely fine. So, we're actually working on drafting something up. The other question I have is, have you talked to Egg Works, your neighbor to the north and west, and gotten feedback from them as well? Yes, they thought it was a great idea. They even wanted to book their Christmas

party. They thought so. And also, I mean, like the parking, I don't know how many cars, but that was something I actually had a discussion with. Uh I don't have anything in writing, of course. It was just a conversation, but um they also thought it wouldn't be if I needed overflow parking. They actually offered their little corner that's adjacent to my land. I don't think we'll need that space, but it was kind of nice to know. And any other feedback from any other neighbors? Looks like there was a neighbor down the road across the road. All of them are excited. They they think it would be a great thing. And and just the way the property is going to look, it's not going to look like a Morton building. It's going to look like an Italian villa. I'm going to have really nice water fountains, lots of beautiful landscaping, and the outside patio. You know, he had mentioned um the concrete. There'll be pergas out there, so there's sitting area out there. So, of course, they can't smoke in the building, but you know, people got to smoke. so they can go outside and you know uh it'll be a very elegant um place and I'm going to be pretty strict with like the alcohol. That's why I'm limiting to wine and beer. And that's also why I want to do valet parking. Um because then we can kind of control, you know, because people try to sneak stuff in and they might still, but I'll also have security. And you know, um my neighbors are super nice and not a single person I've spoken to has had any kind of negative concerns. Even Kurt Friedrich, he's he thought it was a great idea. So, thank you. Are there any other additional comments or questions for members of the board? Mr. Chair, um we do did receive comment from the township. I can show that up to you if you'd like, but yeah, they would like to get a dialogue started with the applicant and on a road use agreement

and have her contact them to get things in place, which it sounds like she is in the process of doing so. And that's Thank you, Richard. Is there any other comments or questions for members of the board? Seeing none, Richard, would you read the findings of facts? Yep, I did, didn't I? Yep. Yeah, we got bound down to this part already. All right. Yes, I will go over the findings of facts. First one tonight. Yes. I'll read this in its entirety. Then you can add or correct or change as you see fit as we go along or at the end. Brookings County Zoning Conditional Use Permit 2025 CU00005. An application for a conditional use permit having 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 be made by Terresa Hollowman regarding the following rural property. The south half of the south half of the northeast 1/4 except the west 2000 ft of section 2 township 109 north range 49 weston township located at 21437477th Avenue Aurora South Dakota 57002 after due notice of public hearing have been held on the application on this 5th day of June 2025. Number one, the Brookkins County Board of Adjustment hereby finding that it is empowered to grant such a conditional use on the following sections of the Brookings County Zoning Ordinance. Article 4, District Requirements, Chapter 4.01, A, Agricultural Land District, Section

4.0104, Conditional Use number nine, extended home occupation, and further finding that the granting of the conditional use when adversely will 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 requests have been complied with. None stated. Number three, Brookings County Board of Adjustment further finds that satisfactory provisions and arrangements have been made concerning or followable concerning the following were applicable. A entrance and exits to the property and proposed structures there are in with particular reference to automotive pedestrian safety, convenience, traffic flow control and access in case of fire or catastrophe. We use existing driveway off 477th Avenue which is a Trenton Township gravel road. The driveway and parking area the driveway and parking lot are concrete and paved. B off streetet parking and loading areas with were required with a particular attention to the items in Above and the economic noise, glare or other effects of the condition use on adjoining properties and the properties generally in the district. No on street parking allowed. Only use designated parking areas as noted on the site plan. C. Utilities and refuge and service areas with reference to locations availability and compatibility. Dump dumpster service required for garbage disposal. D. Screening and buffering type, dimensions, and character. None stated. Signs, if any, to proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility in harmony with the properties in the district. 32 square feet sign allowed. F. Required yards and other open spaces. None stated. G. General compatibility with adjacent properties and other properties in the district. 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 into a written contract with any affected land, townships, or other government unit regarding the upgrading and continued maintenance of any roads used for the contin conditional use request prior to the issuance of a conditional use. 477th Avenue is a Trenton Township Road. Road agreement with Trenton Township to be on file as soon as possible and before the first event is to be held. Road agreement to be reviewed yearly by both parties. Richard, do you want to change that to uh road agreement with Trenton Township needs to be on file before the permit is issued. The conditional use permit. This is it. That's it. Yep. Okay. Um, or is there another date you want on there? Six months. I put That's why I put on there prior to the first event. So, we got a we'll put it on the calendar just to keep checking on her with things. And if it's not there, we'll think in the last months with Hammock's deal, we issued their permit contingent on them having their road agreement in place. Oh, yeah. We can do the same thing here. Yeah. I'll say I mean I I'll say that it's effectively the same thing. If they don't have a road agreement in place, she doesn't get to have an event. So it's effectively the same as it's 601. It's the same as you handled with EMC. I guess if you're looking for equal treatment, it's essentially the same thing. Okay. All right. Um I Okay. I any required notifications law enforcement or fire department local fire department to review capacity and fire safety requirements. J any safety inspections required inspections as required for any building permits for remodeling or additions of existing or new buildings. Any inspections required for the South Dakota Department of Health or South

Dakota Department of Revenue for licensing requirements. Anything else we need to add on for that particular one, Luke, that you can think of or is that adequate there for those for letter I? Yes, that was No, excuse me, J. For J, uh, inspection building, I would say that that's right. Letter I and J were the two that I was hoping that you would have something like that in there. You've got to have you've got to have them double checked that way. Yeah. Department of Health would be for the Food Service and Department of Revenue would be for the alcohol and um wine license. So, correct. Okay. On to number four. The Brookings County Board of Adjustment further determines and conditions as conditional use upon the following additional special conditions or safeguards. Number one, retail tax license. Number two, copy of license from Brookings County or any South Dakota state agency for food service or beer or wine licensing. Number three, business hours vary depending on the events are scheduled. Number four, home extended business as an event center as determined by the board would not be in conflict with adjoining land uses. The Brookkins County Board of Adjustment needs a majority vote approval of the members presented to the grant the above petitioner conditional use permit for the above described real property as follows. Conditional use number nine, home extended occupation as an event center with the capacity for for two to 99 guests at any one time. This conditional use permit is specifically conditioned upon initial and continued compliance with all recommendations and requirements in three and four above and upon compliance with all applicable provisions of the Brookings County Zoning Ordinance. The Brookings County Zoning Director, if approved, is authorized to issue any require the 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 dated this third day of June, 2025. How would we put in a time limit on in the findings of facts there, Luke? Just make Motion to motion to amend this permit be valid for three years. Anybody like to make a motion like that? I'll make that motion that how he said it. No. Yeah. Need a second on that. Is there a second on that motion? I'll second that. Second. Do we have to vote on that? Yes. Second by Vanderwall. All in favor? I motion passes. Motion amended. There we go. That's why I have to go home and read my Robert's rules order book. Slacking tonight. I can't have anybody to call anymore. And Mr. Chair, may I make one point of clarification on a question you asked me right away about about the ability to issue the permit? Um the real what it really gets to is the ability um there's a finding in your ordinance that asks is the board empowered to issue this permit? You're

only empowered to issue a permit that is listed in the ordinance and meets the conditions in the ordinance. And that's why um that's why that question was asked as far as that goes. So basically what you're saying by saying that it's not conflicting with adjoining uses is that um if you're saying no then you're saying that it's going to conflict and therefore we're not even empowered to make this. We can't even issue this permit. If you say it's not going to conflict, well then then you're at conditions. that's really all you're here for at that point. So, that's really what the main question is, it sounds to me, in front of the board. Um, and that's that's it. And if you do either way, I'm here if there's ever a point you want to specifically list this sort of a thing in the ordinance because let's face it, it's a it's a bit of a different animal and there's different conditions either way. Well, I kind of think having number five on there states that we don't know if this works. Let's try it by having that automatic expiration in there. Agreed. That it completed that right? Yep. I'm just mad. 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 call the vote? Jensen. Yes. Commissioner Vanderwal. Hi. Pollson. Hi. Klein. John. Hi. Kyle Vanderwal. Hi. Mark Jordby. Yes. Justin deg. Yep. And Ford. I. Motion passes. So we will send you your signed copies and a letter in the mail saying it was approved. So, as soon as you get your other licenses and or the road agreement, bring those into the office and we'll make copies of them. So, thank you. Do those items? Pardon me. Do those items need to be No. Moving on. Department reports. Yes, Mr. Chairman. I'd like to introduce Commissioner Doug Post and Dave Miller. They're our newest county commissioners and they haven't visited us before that that I can remember and we'd like to welcome them. And did either one of you gentlemen want to say something? I guess not many words. Welcome commissioner. And on the on my report, we are doing the predesaster mitigation plan that this board looked at before. County commission went ahead and approved it for the county and now we're in the process of going to the small towns and getting the approval on it. And the burn ban was rescended today. We do want you to still use caution when burning because not everything is is totally green yet. And the CO2 pipeline ordinance, we had a half a meeting today. We'll have another meeting in July and maybe in July or might might be August before Commissioner Jensen can give you an update from the zoning side of the house. But uh we'll we're still plugging away on the CO2 pipeline

ordinance. And Richard, do you have anything additional? Uh nope. The flood plane has been approved and we're starting to get a few questions now from um the land owners or property owners that were put into the flood planes. We've had a few people of those call, but otherwise that's things are plugging away. There will possibly be another there will be another joint meeting in July as of now. Um, things go through. Strong possibility for that to be another joint city county planning meeting. And I'd also like to let Luke speak if you don't mind with your permission. Chair have to. I don't show up very often. I should probably say something. The only thing I was going to say is that uh you adopted your uh flood plane ordinance infamously, as you're aware, updated it. Obviously, you're getting phone calls on that updated. Uh from a standpoint for reference, your neighbors to the southeast, Moody County, um have uh they've adopted their south have updated their uh they're in the process of updating theirs. And for what it's worth, um they've got some more specific requirements. There are some property owners that are uh going to be in a case where they have to do what's called a no build or a no- rise study of full-blown engineering analysis before they do any construction. Bottom line is uh your county is fortunate to not have those same things going along the Big Sue River. So, um yay us. Thank you, Luke. Anything else? No, sir. That's the end of our reports. Any need for an executive session? No sir. Is there a motion to adjurnn? So move. Motion by Vanderall. Second. Second. Second by Jensen. All in favor? I. Meeting journed. Thank you gentlemen.