Planning & Zoning - Regular Meeting

Tonight's meeting in just a minute or two here. You good?

Okay. Good evening and welcome to the number November 4th, 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? So moved. Motion by Kyle Vander. Is there a second? Second. Second by Pson. All in favor?

Motion passes. Items to added be added to the agenda by commission members or staff. None. Cool. Invitation for citizens to schedule a time in the commission agenda for an item not listed. Everybody's on there. Disclosure of conflicts of interest, relationships, applicants or exparte communication. None. Cool. Approval of agenda. Is there a motion? Motion. Motion by Clark. Second. Second. Second by Troy. 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 his recommendation based upon the adopted comprehensive plan for the physical development of the unincorporated area areas of Brookings County. As a matter of policy, 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 me 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. Agenda item 2025 plat 024 plat of Carson Farm second edition in northeast 1/4 in the souththeast 1/4 of section 34 township 112 north range 50W of the fifth primary all in Brookings County South Dakota. Is there a motion?

So moved. Motion by Klein John. The second second by Kelly Vanderall Richard staff report.

Yes. 2025 plat 024 Carson Farms LLC is platting off platting off 98.8 8 acres of pasture and grass land from the 249.95 acres of farm ground that they own and the northeast and the southeast quarter quarters of section 34 township 112 north range 50 West Eureka Township and it does meet the platting requirements on the comprehensive plan on page 24 for the agricultural land use. Here's the proposed plat see going into both quarters here, the northeast and the southeast right here. A little better picture on the beacon map with a plat overlay on it. Majority is in the flood plane there. So there's the northeast quarter. This is the southeast quarter or 100 acres I guess it is. 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 there anybody in the audiences for this? Seeing and hearing none. Is there anybody in the audiences opposed to this? Seeing and hearing none, I'll now close the public hearing. There are any additional comments or questions for members of the board. Seeing none, Richard, would you call the vote?

Yes. Pollson, I. Clark, I. Klein, John, I Kyle Vanderwal, I Justin Degrroot. I Neil Troyan. I Dale Star Store Starhog. I Kelly Vanderwal. I Chad Ford. Hi. Motion passes. Moving on. Agenda item 2025 plat 025 plat of Carson Farms first edition in the southeast 1/4 of section 3 township 111 north range 50W of the fifth primary area in all in Brookings County, South Dakota. Is there a motion?

So moved. Motion by Troy. Is there a second? Second. Pollson. Second by Pollson. Richard the staff report.

Yes. 2025 plat 025 Carson Farms LLC is platting off um 38.3 acres of pasture and grass land from the 156.62 acres of farm ground that they own in the southeast quarter of section 3 in township 112 north range 50 west of Eureka Township. and it does meet the platting requirements on page 24 of the agricultural land use of the comprehensive plan. Here's a proposed plat along the west side of the property. There's the plat on the beacon map there. there. As you can see, the flood plane right in that west side except for the little south south along the road there is is not. So, um that's all that I have and the applicant is not here this evening. Thank you, Richard. Since applicant is in here, we'll move to the public hearing portion. There's anybody in the audience that is for this? Seeing and hearing none, is anybody in the audience that opposed to this? Seeing and hearing none and I'll 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 a vote?

Yes. Clark, hi. Klein, John, hi. Kyle Vanderwal, I Justin Degrroot. Hi, Neil Troyan. Hi, Dale Stohog. Hi, Kelly Vanderwal. Hi, Tim Pollson. Hi, Chad Ford. I 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 use, appeals, and monasterial 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 to the zoning officer. the concurring vote of a simple majority of those board members present voting is necessary for approval of a conditional use permit. In accordance with Robert's rules order, we will 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 shall authorize variances from the zoning requirements where special conditions existing on the land will 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 2025 variance 003. John and Elizabeth Jagger by Michael Robbins has made an application 2025 varants 003 to the Brookings County Board of Adjustment for a variance article 4 district requirements chapter 4.01A agricultural land district section 4.01.05 area regulations/easements. The property is described as block 1A of Newell Edition in the southwest 1/4 of section 30 township 110 north range 48W Afton Township located at 478023rd Street Aurora South Dakota 57002. Is there a motion?

So move. Motion by Kyle Vander. Is there a second? Second. Second by Dro Richard the staff report.

Yes. 2025 variance 003. John and Elizabeth J. Joerger by Mike Robbins have applied for a front yard variance on a corner lot to build a 22t wide by 33 foot long house addition. Um at the time of the report um they had went with 115 ft but it's at this time it's been determined and they don't know exactly how far the septic tank extends out beyond. So they would like to move that variance to 100 ft to give them the extra room um to adequately build the house would be no closer than 100 ft from 478th Avenue and a variance which would be a variance of 33 ft and the house the addition would be 128 ft from 213th Street which would be a variance of 5 ft and it's a corner lot and has two front yards. The required setback is 133 ft. The proposed addition cannot be moved farther east because of the septic system is located on the north north side of the house. The house was built in 1926 prior to the current zoning regulations. And the public notice was published in the Brookings Register on October 21st and 28th, 2025 and letters were sent to the joining land owners and the Aurora Township chairman and clerk. Here's the variance application. Here's their site plan. This would be the distance right here. That would be reduced to 100 ft instead of 115 due to the location of the septic tank right in here. And they're not exactly for sure where the edge of the tank is. So, and this would be off of 213th Street, which would be 128 ft. Just an overall site plan on the beacon

map showing where the proposed addition would be. Septic septic tank is loaded, right located right in this area. There's the beacon map showing the two corner lot on there. This just looking pictures looking east down 213th Street, looking north down the driveway, looking towards the west towards the intersection of 213th and 478th Avenue. This is just looking um from 213th looking north towards the house. This is just looking down 478th down the road looking down 213 that way. This is just looking from 478 back towards the towards the house. It's, you know, shaded or corner lot. It has covering with the existing shelter belt and stuff there. So, you will not fully see the addition and the trees are shaded. This is the wheel. This is um the wheels located 115. This is where the 100 this is where 115 feet would be from the edge of the road to the west edge of the addition. And it would be about 10 ft over roughly or thereabouts, whatever it takes to meet the setback from the septic system on there. And it's 128 ft from 213th Street. There's a septic cover on the north side of the house. This would be the north um east northwest corner of the proposed addition there. And this is just looking south towards the road at the from the northwest corner. This would be the northeast corner of the proposed addition. going just coming right off the house right up there. It's just looking from the yard back out towards the road. Just looking um in the road toward or from the yard back towards the west towards the existing house. That's all that I

have and the applicant and this their contractor are here this evening. Thank you, Richard. Would the applicant please step forward clearly state your name and the mic? State your name in there if you Elizabeth Joerger. John Joerger. Uh, do you have anything to add to Richard's report? No, I think it was very thorough. Perfect. Any questions from the board at this time? Seeing none, you can go back to your seat if you want. Thank you.

Simple formality. Seeing no questions from the board, I'll open the public hearing. 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 public hearing portion. I'll move back to the board. Is there any additional comments or questions from members of the board? Seeing and hearing none, Richard would defining facts.

Yes. Brookings County zoning variance 2025 variant 003 an application for variance having been filed with the Brookings County Zoning Commission acting as a Brookings County Board of Adjustment. Copy of the application being attached here too. Such application be made by John and Elizabeth Jagger by Mike Michael Robbins regarding the following role property. Block 1A of new edition in the southwest 1/4 of section 30 township 110 north range 48 west Afton Township located at 47802 213th Street Aurora South Dakota 57002 after due notice a public hearing have been held on the application on this 4th day of November 2025. Number one, the Brookkins County Board of Adjustment, hereby finding that the strict application of the Brookkins County zoning ordinance would produce undue hardship that such hardship was not shared generally by other properties in the same district and the same vicinity that vicinity. That the authorization of such variance would be a now will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the granting of the variance. and that the granting of such variance is based upon reasons of demonstrable and exceptional hardship as distinguished from variations 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 or reoccurring in nature as to make reasonable practical the formulation of a general regulation to be adopted as an amendment to the zoning ordinance. Number three, the Brookings County Board of Adjustment further finding that the written application of the petitioner demonstrates that special conditions and circumstances exist which are procure to the land, structure, or buildings in the same district. that literal interpretation of the provisions of the Brookings Countyy's zoning ordinance would deprive the applicants 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 result from the actions of the applicant and 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 that the variance is a minimum variance that will make possible the reasonable use of the land, building or structure. That granting of the variance will be in harmony with the general purpose and the intent of the Brookkins County zoning ordinance and will not be injured to the neighborhood or otherwise detrimental to the public welfare. Number five, the Brookkins County Board of Adjustment further determines and conditions this variance upon the following special conditions or safeguards. A, location of the septic tank on the north side of the house. B, house was built in 1926 prior to current zoning requirements. Perkins County Board of Adjustment by least twothirds vote of its full membership hereby grants the above petitioner variance for the above described property as follows. build a 22 foot by 33 ft residential addition 100 ft from the center of 478th Avenue and 128 ft from 213th Street. 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 issue any required building permits for construction 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 fourth day of November 2025.

Thank you, Richard. Any additions or corrections to the findings of facts? Mr. Chair, could I ask a question? Luke Mueller here, first district. Did you mentioned that the um the request had changed? Uh did you guys send notices to the road authority? Is that how you do it or did you have them contact them? I didn't see that or I missed that in the report. Yes, they were sent to the uh townships. Okay. And the adjourning land owners and they were aware of how far away from the road it was going to be. Yes. Okay. That's all. I have a question. This is 478th and 213th,

correct? Yes. Isn't that Alton Township? I would have to look and see. I don't should be Alton is north farther 213 and 47 I believe. Is it Alton? Okay.

I'm sure they would know. Was right right on the line right there. That's correct. That's correct. Thank you for catching that, Mr. Fle.

Good job. Yes, both both townships were notified with the letter when they're on the line like that from our office. So, we're good to go. 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. Pam. Richard, would you call vote? Daryl Klein John. Hi Kyle Vanderwal. Hi Justin Dgroot. Hi Neil Troyan. Hi

Dale Stohog. Hi Kelly Vanderwal. Hi Tim Pollson. Hi Cody Clark. Hi Chad Ford. Hi. Motion passes. Yes.

Yep. Moving on. Agenda item 2025 CU006. Tai Eshen Bomb has made an application 2025 CU00006 to the Brookings County Board of Adjustment for a conditional use permit article 4 district requirements chapter 4.03 LP Lake Park District section 4.03.02 02 conditional uses number 22 bed and breakfast's vacation rental by owner VRBO. The property is described as lots 18 19 20 and 21 Marvin Wade Sunn subdivision located in the northeast 1/4 of section 6 township 112 north range 52W. Also, lot 45 of the Marvin Wade subdivision of government lots 1, two, and three of section 6, Township 112 North, Range 52W, Lakeon Township, located at 268 South Lake Drive, Arlington, South Dakota, 57212. Is there a motion?

So move Pollson. Pollson second. Second. Second by Kyle Vanderol.

Richard, would you read the staff report? Yes. 2025 CU006 Taiinbomb was applied for the Lake Park condition initial use for a vacation rental by owner for his home at 268 South Lake Drive, Arlington, South Dakota on Lake Ponet. His site plan, business plan, parking area, emergency plan, rental, and South Dakota Department of Health lodging license were included in this report. The lodging license by the South Dakota Department of Health is a yearly license. The house is located on a narrow long lots along the southwest side of Lake Ponet on South Lake Drive. A maximum number of 14 guests could stay at the residence at any one time for no longer than 14 days in a row. Parking would be at the main residence and also at the lot directly to the west that he owns. No parking be allowed on the road or in the highway rightway. The applicant was approved for variance 2024, variant 019 on November 7th, 2024 to renovate and add a second story to his home in the existing location and those renovations are nearing completion. The applicant is in included an email of support for the conditional use request from his neighbor to the rest to the west and that's all the correspondence that this zoning office has received. Um, public notices were published in the Brookings Register on October 21st and 28th, 2025, the Vulgate Trabune, and the Arlington Sun on October 23rd and 30th, 2025. Letters were sent to the joining land owners, the Lake Township Chairman and Clerk, and the Brookings County Highway Department. Here is his conditional use application. Just some pictures going along with the site plan. This would be looking um from his west lot looking towards the the

east towards the west end of his house. This is looking from the lake looking south towards the the north side of his residence. And this would be looking um towards the west towards the east on lot 45 there uh east of his um residence as he has the lots numbered there. This is 18 and 19. parking would be also on here and parking on lot 20 and 21 in the driveway of the residence and this is mainly for lake access down there to the west of his house. This is his business plan, emergency contact information, quiet hours, department of health has his license number already and we have received he did send us also the license for the 20 upcoming year in 2026 also his parking parking plan. This would be the parking parking pad right here andor in this area. This would be the existing driveway for the lot that used to be there was a residence here at one time years ago, but that was never rebuilt. And he just purchased was able to purchase this property and be able to use it for parking for his bed and breakfast VBO. And this is the other parking pad would be on the driveway to his residence. There's his department of health license for 2025. As you can see it, they are good for one year. So they are renewed every year. So letter of support from his uh adjoining landowner to the west. This is the beacon map showing the property. This is the lots 18 and 19, 21 and 22. This is lot 45. be no parking in this area along here,

just in the driveways going up to the property. So, this is long and narrow and pretty steep going down into the to the beach area there. So, I'm just looking uh the west end of the house. This is from the South Lake Drive. This is looking towards the north towards the lake on the front of his house. This is at the east end here. This is just looking towards the beach area, um boat area on the east side of his prop of his house. This is just looking back towards the west showing the west east side of his house after it's finished there. Just looking along the front yard looking towards the west. This is the west end of his house. Just looking towards the east along the shoreline here. There's no other structures obstruct the view along in there. just um this would be the parking area, just the front of the house. This is just the lots adjacent to them that they will be parking and using finishing the dirt work on there this fall or this spring if weather permits. And just there's the other looking at a larger view of it. That's all I have and the applicant is here this evening.

Thank you, Richard. Want to step forward and add anything? Clearly state your name into the mic, please. Ty Ashen Bomb, the applicant. Uh, good evening, commissioners. Uh, just to add to the report, uh, this is my primary house. It's been my primary house, uh, since 2016. So, I've lived there for nine years. Um, I know my neighbors. I'm friends with my neighbors. I know them on both sides of me. uh they know what the plan is. Um I live there now. I'll continue to live there through at least next summer. I would like the opportunity to be able to rent it out. Um I have experience with this kind of business. Uh I have a a place like this up on Lake Compca that I've ran for four years. Uh kind of a higherend Airbnb, so I'm familiar with all the management that goes uh in with it. Um there's got to be 25 to book with me. We don't uh we don't like parties. We don't like extra noise. Uh the place that I have up on Compesca is actually in a condo building. So I got neighbors below me and above me on each sides of me. Uh and we get along just fine uh with rules and whatnot. So um I don't see any problems with this property. Um, I think I can factually say that uh as far as houses on Lake Bonet in Brookings County, I don't think any structure has uh the separation from their next door neighbor on either side of them uh that I do. So, I know that Airbnbs don't always get a good wrap. Um, but when they're uh ran properly and have good separation and a

parking plan and there's plenty of places for people to be, uh, I just don't think that I'll be uh a problem to any of my neighbors. And again, I know my neighbors. I'm friends with my neighbors. Um, so that's why I'm requesting this uh, conditional use tonight. I'd love to answer any questions.

Thank you. Any questions from the board? Seeing none, you can go back to your seat for a minute. Move 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? Seeing hearing none, I'll now close the public hearing portion. Is there any additional comments or questions from members of the board? Mr. Chair, can I make a couple of words here? I'm not sure where you'd want me now or later. Put it in there, Luke.

Uh, couple of things I just want to put into context. Uh, first, this is, uh, the use, as you read it, um, in the zoning ordinance is kind of all in one breath. It's bed and breakfast and VBO. There are requirements in the ordinance for bed and breakfast. There are really none other than the general requirements for VBO. So, I know staff has put together a combination of kind of bed and breakfast requirements that might apply and some others that go along with it. So, I just kind of want to give you that heads up that that is sometimes a good thing and sometimes it's a nerve-wracking thing because you can kind of make the rules up on the fly, which is not a great thing for an applicant to hear as you go through that process. Uh, a couple of thing. One thing I wanted to note that I don't know if you're aware, um, Hamlin County zoning offices and the county commission has been provided a lake uh, Lake Pon management plan draft by the Lake Ponet Association. They identified short-term rentals as a concern with no recommendations as to how to alleviate that concern. So, we're really left not knowing what those concerns are. However, I in seeing this, there's a lot of space, a lot of parking, a lot of situation. Maybe that's why we don't have anyone here. Maybe. I I don't know. Um, but bottom line is just feel like that probably needs to be noted uh for the future. Uh, and then also couple of things that that I noticed just in looking at it. One, very narrow lot because of that oversized rightway. You're all well aware of that oversized rightway that's out there. Um that's a county road, right?

Correct.

So um one recommendation that I would have uh if it's okay with the highway superintendent is that and and there's need for more parking. those two caveats that there be a condition that allows parking to occur as long as it's more than 20 feet from the edge of the road, which would be normal on a 50 foot or 100 foot wide right of way. This is 130. So, uh, that's one of the things that I think would probably make some sense if you need extra parking. It's just not on street. It's 20 ft off the edge of the road. And then the other thing I recommend, um, one of the things I recommend is more parking than you would require for a bed and breakfast. In fact, frankly, nearly double. I'd probably go with eight spaces if you're allowed that many that much room. And then the other point that I would add is I really recommend some form of marking the property corners so that when people show up, you can say, "Well, there's the end and there's the end." I understand that today there's probably other stuff going on that make it obvious, but um it's not always clear to folks that come in. I've got property next to renters that way short term and that's one of the things that we run into. Just a couple of points I want to make out there. Thanks,

Mr. Chair, if I may add a couple things. Um the Brookings County Highway Department is pretty adamant about nothing being parked in their additional rightway along there. um including docks, boat docks, boat lifts, anything in the wintertime to catch snow. So I highly doubt that the highway superintendent would go along with any parking in the rideway along there. There is adequate lot in in lots to the west that they could park on beyond the driveway as long as they don't run into the lake. That would be the only thing.

Never mind the bit about parking on the rightway then. And then the other requirement of in the ordinance is that it requires that the applicant and or the owner live in the house for this. It cannot be an offsite um live elsewhere and just rent this out as a VRB. Oh, that's one thing that is in the requirement of the ordinance. So if Luke have any comments on that or anything, but that's that's the way it is in the ordinance for at this time.

Yeah. The uh the requirement would be that he need to remain maintain some level of residence, maintain that as his residence

as long as he wants to continue operation as a VBO. It's slightly different because he doesn't have to be their roommate when they're there. That's all that I have. Okay. Are there any questions from the board at this time? Seeing no questions from the board, Richard, the findings of facts. Yes. Brookings County zoning conditional use permit 2025 CU00006. An application for a conditional use permit have been to file with the Brookkins County Zoning Commission acting as a Brookings acting as a board of adjustment. A copy of the application being attached here too. Such application being made by Taiinbomb regarding the following rural property. Lots 18, 19, 20, and 21. Marvin Wade subdivision second subdivision and government lots one and two and three in the northeast 1/4 of section six township 112 north range 52 west also lot 45 of Marvin Wade subdivision of government lots 1 and two and three in section 6 township 112 north range 52 weston township located at 268 South Lake Drive Arlington South Dakota after due notice of public hearing have Montel on the application on this 4th day of November mber 2025. Number one, the Brookings County Board of Adjustment hereby finding that it is empowered to grant such a condition to use under the following sections of the Brookings County Zoning Ordinance. Article 4, District Requirements, Chapter 4.03, LP, Lake Park District, section 4.0302, conditional use number 22, bed, breakfast, vacation rentals by owner, VRBO. I'm further finding that the granting of the conditional use 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 we requested have been complied with. Article five, general requirements, chapter 5.21, bed and breakfast establishments. Number three, the Brookkins 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 and the proposed structure therein with particular reference to automotive and pedestrian safety, convenience, traffic flow, control, and access in case of fire or catastrophe. We'll use driveways off South Lake Drive, existing driveways off South Lake Drive. B. The off- streetet parking and loading areas were required with particular attention to items in a above and economic noise, glare, and other effects of the conditional use on adjoining properties and the properties generally in the district. No on street parking or parking in the right ofway allowed. Use designated parking areas located in the driveway of the residence located at 268 South Lake Drive and on lots 18 and 19 Marvin Wade sub second subdivision of government lots one and two and three in the northeast 1/4 of section six township 112 north range 52 west adjoining lot directly to the west all parking areas should be marked when when in use as a vacation rental utility c utility 's refuge and service reference to locations availability. Must use a garbage service for the trash. D. Screening and buffering with reference to type, dimensions, and character. None stated. F. Signs if any of proposed exterior lighting with reference to glare, traffic safety, economic effect, compatibility, and harmony with properties in the district.

4 foot square sign allowed. F. Required yards and other open spaces. None stated. G. General compatibility with adjacent properties of other properties in the district. Comprehensive plan met for the Lake Park 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 either enter enter enter into a written contract with the affected township or governmental unit regarding the upgrading and continued maintenance of any road used for the conditional use requested prior to the issuance of a conditional use. South Lake Drive is a Brookings County blacktop road and meets the requirements of the conditional use. I any notification to law enforcement or the fire department? None stated. J any safety inspections yearly and South Dakota Department of Health lodging license inspection and any other required inspections. Number four, Brookings County Board of Adjustment further finds and conditions this conditional use permit upon the following addition special conditions or safeguards. A follow article 5 general requirements chapter 5.21 bed and breakfast establishments. These regulations regarding the bread and breakfast establishment hereafter returned to as referred to as a BNB shall be as follows. Number one, BNBs shall be limited to residential structures with an overall min minimum of 1,800 ft square feet of floor. Number two, they shall be in compliance with applicable state laws regarding registration with the South Dakota Department of Health, maintain a guest list, and providing a smoke detector in each sleeping room. Number three, the owner must occupy the principal dwelling. Number four, more no more than four bedrooms in such dwelling structure shall be used for such purpose at one time. Number five, the building shall

meet all building codes and zoning requirements. A site plan showing the location, the guest parking spaces, and floor plan showing location of sleeping rooms, lavatories, bathroom facilities, and kitchen shall we be submitted at the application which is on file. Number six, the length of stay for guest shall not exceed 14 overnights during any 120day period. Meals should be limited to breakfast provided by the applicant. Meals may be served only to overnight guests, registered guests, and cooking is not permitted in the sleeping rooms. The Brookings County Board of Adjustment by at least a majority vote of its membership hereby grants the above petitioner conditional use permit for the above described property. Operate a bed and breakfast vacation rental by owner VRBO. Annual South Dakota Department of Health lodging license to be on file in the Brookings County Development Office. This conditional use is valid for three years and expires on November 4th, 2028. This conditional use permit is specifically conditioned on initial and continued compliance with all the 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 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 inde valid, dated this fourth day of November, 2025.

Thank you, Richard. Are there any additions or corrections to the findings of facts? I want to get something straight here. Um, Ty said your plan is to live there through next summer, but it says in item three that they must or not item three right there. Owner must occupy the principal dwelling structure. Does that mean that if he moves out, this is automatically invalid? It would be invalid then. Yes. That was one of the requirements. Yeah. Is there a reason that you guys did it that way? Just curious.

That was when we re redid the zoning ordinance and at the time that was the suggestion we were going through that because we that's what we went with at that time. Yeah. I mean that obviously that's what I'll do if that's what the rules are, maintain it as my residence. Um, but in the future it'd be nice to if it worked and and whatnot that I didn't have to keep it that way, but I guess I would take a zoning ordinance change. Correct. Yep. Um, can I ask a question also? Yes.

Uh, I see it's for three years. Is that uh is that an every three-year you just come back and get it or how does that work? No, that's how we usually do it. Whether it's a gravel pit, a home extended business, or a rodeo or stables, we do them for three years to give the applicant and the county a chance if something comes a wire. Okay. To go through and correct those circumstances and after if there's things are going good after three years and you reapply for it, then it'll be permanent.

Then it'll be permanent. Okay. Understand. Would you like me to add I just thought about this um noting the boundary markers like Luke had mentioned on there or is that or were you talk talking about the parking areas Luke? Um, I'll be honest. It it it from my standpoint, I it's up to you board if you think that that's important. Uh, or it's just a way to create good neighbors amongst each other. More of a recommendation to tie if you don't put it in there as a requirement because I I'm not going to say that it should be a fence, something landscaping. And when I don't know what it is, it's it's really your call. But I would recommend if you don't put it as a condition, I'd still recommend the applicant add that add something to identify where the property corners are.

Yeah. And and again, I I know both of my neighbors on either side of me extremely well. They're friends. And so I would be doing something like that landscaping wise or whatever. But uh I don't know if you required me to do something. I don't know what that would look like. I I would want them to be okay. you know, if we're going to put a post or something in there, but I prefer you do it as a recommendation and not a condition, but that's up to you guys. I would maybe add to just um what Luke said, I was unaware that the Hamlin County or Ponet, whatever, did it as a concern. Um, I could see that if you look at the Airbnbs that are up there, most of them are eight feet, eight, 10 feet away from their neighbors and they have two parking spots and, you know, they have 15 people that stay there and uh, Hamlin County doesn't have the same rules as you guys do where your rules are so comprehensive with with parking and separation and all that. Um, I don't see this one being concern. I I would see the rest of the lake maybe having to get on board with your guys' process.

Okay. Is there anything else? So is as a board you're good with just the recommendation for him? Everybody seems that's pretty simple. So, are there any other additions or corrections to the findings of facts? Then just one question. So, Richard, is that a letter that you send out in three years from the zoning office to the applicant? Yes, we will send that out. Okay. Thank you.

A few months ahead of time so it gives them an opportunity to so he doesn't meet so he can meet the deadline and still continue operation. Any other questions or comments on the findings or facts from members of the board?

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

Thanks D. Yeah. Who is it? Who? Oh, okay.

Yep. Yep. That would be great. Moving on. Agenda item 2025 CU00007. Kellen Role is made in application 2025 CU00007 to the Brookings County Board of Adjustment for Conditional Use permit article 4 district requirements. Chapter 4.03 LP Lake Park District Section 4.03.02 conditional uses number six accessory buildings with the sidewall greater than 14 ft or more than 2,000 square ft. and used ex and used accessory building greater than 120 square feet. The properties described as lot 9, block 2, sunset point edition and government lots three and four of section 22 township 112 north range 47W Lake Hendricks Township. Is there a motion?

So move Pollson by Pollson. Second second by the Gro Richard. Would you read the staff report? Read slower. Read slower next time. Sorry. I guess.

All right. 2025 CU007. Kevin Roolog has applied for a conditional use permit for an accessory building addition over 2,000 square ft. If you would like to build a 30 by 30 foot addition, which is 900 square feet with a 12t sidewall onto an existing 40x40 with a 10-ft sidewall accessory building, this would be a which is 1,600 square ft. With the addition, the total accessory building size would be 2500 square 2500 square ft and it meets the non-front non-lakefront setbacks and then addition would be used for personal and recreational vehicle storage. Public notices are published in the Brookings Register on October 21st and 28, 2025 and the White Tri City Star on October 30th, 23rd and 30th, 2025. Letters were sent to the adjoining land owners and Lake Hendricks Township Chairman and Clerk and the Brookings County Highway Department. Here is his conditional use application. Here is his site plan. chose an existing king garage, building a 30 by30 addition onto the back side of it. There's the lot. This would be the location back in this area right here. Some pictures just looking towards the south from South Lake Drive towards the front of his garage. This is looking towards the east. The stake would be at the south end of the proposed addition. This is just looking towards the north. You can see the stakes of the proposed addition there. That this would be looking towards the west towards the neighbors. This is looking north and exceeds the 8ft side yard setback. That's all. And the stairway would be repurposed, reused for a different entry

once the addition is put on. So to be determined how that will be um rebuilt. That's all that I have and the applicant is here this evening. Thank you. Richard, you want to come forward and state your name and add anything to Richard's report if you want?

Kevin Rollog. Okay. Is there any questions from the board at this time? Seeing none, you can go back to your seat, I guess. We'll now move the public hearing portion. Is anybody in the audience that is for this? Seeing and hearing none, is 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 from members of the board? Seeing hearing none, Richard, would you read the findings of facts?

Yes. Brookings County Zoning Conditional Use Permit 2025 CU00007. 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 application being attached there too. Such application being made by Kevin Roolog regarding the following real property. Lot nine, block two in Sunset Point edition in government lots three and four of section 22, township 112 north, range 47 West, Lake Hendricks Township. After due notice of public hearing have been held on the application on this fourth day of November 2025. Number one, the Brookkins County Board of Adjustment hereby finding that is empowered to grant such a condition to use on the following sections of the Brookings County Zing zoning ordinance. Article 4 District Requirements Chapter 4.03 LP Lake Park District section 4.0304 conditional use permit number six. 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 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 pop following were applicable. A entrance and access to the property proposed structures therein with particular reference to automotive pedestrian safety and traffic convenience traffic flow and control and access in case of fire catastrophe or use existing driveway off South Lake Drive. B off- streetet parking and loading areas were required with particular attention to items and a above with economic noise glare and other effects of the conditional use on adjoining properties generally in the district. No on street parking allowed. B. Utilizing refuge service areas with reference locations and availability, none stated. D. Screening and buffering with reference to type, dimensions, and

character. None stated. F. Signs, if any, proposed exterior lighting with reference to glare, traffic, safety, economic effect, and compatibility with harmony and properties in the district. None stated. F. Required yards and other open spaces. None stated. F. General compatibility with adjacent properties and other properties in the district. Me comprehensive plan is met for the lake park zoning district. F. Roads and other providing access to the property are adequate to meet the transportation proposed conditional use. South Lake Hendricks Drive meets the requirements of the conditional use. I. Any required notifications to law enforcement of the fire department? None stated. J. Any inspections require any inspections required for building permits? Number four, the Brookings County Boards of Board of Adjustment further determines any conditions this conditional use permit upon the following additional special conditions or safeguards. A, the non-linkfront lot exceeds 20,000 square ft and all setbacks will be met. B. This building will be used for personal and recreational vehicle storage. The Brookings County Board of Adjustment by least a majority vote of its full membership hereby grants the above petitioner condition used for the above described property as follows. Build a 30 foot wide by 30 foot long and 900 ft accessory building addition with a 12t sidewall onto existing 40x40 with a 10-ft wall accessory building for a total of 2500 square ft. The conditional use permit is specifically condition conditioned upon initial and continued compliance with all the requirements and the conditions in three and four above and upon compliance all applicable provisions of the Brookings County zoning ordinance. If approved, the Brookings County Zoning Director is authorized to issue 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 4th day of November, 2025. Are there any additions or corrections to the findings facts? Mr. Chair, I find that this application meets the requirements of the zoning ordinance as long as the finding and facts are followed. So I concur with the findings and facts. Thank you, Mr. Degro. Richard, would you call the vote? Yes. Justin Deg Grot. Hi. Daryl Store. Hi. Kelly Vanderwal. Hi.

Tim Pollson. Hi. Cody Clark. Hi. Daryl Klein. John. Hi. Kyle Vanderwal. Hi. Neil Troyan. Hi. Chad Ford. I motion passes. Thank you. Moving on. Department reports. One second here.

Thanks, Kevin. You can come back whenever you're ready for your building permit. So, we'll send you the applications or the other stuff in the mail here. Okay, Mr. Hill is on visiting his sister in Missouri this at this time. And I just like to welcome back um Kyle Vanderwal, Tim Pollson, and Justin Groot were all reappointed to the zoning board by the county commission. So they'll be on for another four years. So except for Mr. Degrroot, he is three. He's being the alternate. So um that's all that I have as of right now. We don't have a whole lot on the December meeting agenda, but that could change. Tuesday's not here yet, so next Tuesday. But that's all that I have. And Luke, do you have anything else to add?

I was just going to somewhat of a question for you, Richard. Something that came up today. Uh we we got contacted in our office by I think three counties that received letters from the South Dakota FAA aeronautics division of the DOT about counties needing to adopt ordinances protecting runway protection zones and approach zones for airports. You haven't received anything in your office, have you? As of today? No.

Yeah. I I kind of want to give you as well as the board a heads up on that. Uh it's something that's been hot and cold for the last five years. And the truth is the county is probably going to have to through joint jurisdiction because it's going to be in that joint jurisdiction area adopt some level of uh runway protection zone or approach zone limitations primarily on height. Uh, and it's it's something I don't think is worth getting into here at this point, but it's a bowl that goes uh at a certain elevation above and stretching out from the airport for several thousand feet. Um, just for what it's worth, restrictions on height, and because you've got a um a bigger airport, there's some restrictions on use at the ends of the runway as well. Um, I don't want to get into it because that's it's frankly probably about four hours worth of discussion that probably needs to come. Um, but just kind of want to give you a heads up that that could be coming and it's probably not something you want to just throw off to the side. That said, you're going to need some help out of folks um that have done this or seen it before. Uh, that's the first thing. And then the second thing I kind of want to give you a heads up on some things that I know we're going to see at least a discussion and probably an adoption on in some uh neighboring counties that are similar to you on uh both planning commissions in um Hamlin and Codington have recommended that we put in some sort of recital. And that's not to say you have to be like those counties, but if you're concerned at all or if you're concerned at all about people using separate garages, sheds, accessory buildings, converting them into houses on the same lot as a house, basically having two

houses on a lot out of a pole building or as an accessory building. Um, two of the things that are going to wind up going in is there's going to be a recital or a requirement to sign indicating that they understand that they're building a shed and they can't convert it into a living space um because they already have a house on the lot. And then the second component is one that's going to be discussed is not finishing any second level of any accessory building. And this is the question answer period. You guys, there's a lot of farmers here. Any of you guys finish a second level of an access of a shed? And I'm going to throw my brother under the bus on this one since um he's got he's got a large shed. He operates a crop consulting business. I don't need to advertise for him here because you got plenty of those guys that do that. But um his office is on the main floor, but he's also got sidewalls high enough to store stuff up top. It's not finished. That's largely how I see most sheds. I was just curious if I'm missing something. Is anyone else I mean, do you have any examples of somebody that's

I've seen a couple of them. You know, they sometimes you call them a mother-in-law house, but I mean, I've I've seen a couple of them where there's an up upstairs living level above the office and in the shop. And

I know I haven't I I haven't seen many of them do that. And even if that were the case, if you had that where it wasn't where it wasn't enclosed, and I'm I'm really brainstorming with you here on this, and honestly, it may not even be an issue. You may not see this as an issue, but we have in in Kenan County where we've seen it. And primarily, it's it's the walling off of old buildings that aren't really designed for that sort of a thing. And so, you don't have firewall in between anything. You don't have a entrance that goes directly out for a fire. And so those are the issues that you run into. And so rather than tempt it, that's what's going on. So we've seen some of those. I have that going on a half mile north of my house.

And it's I from a standpoint of rental units or is it is it religious living? Yeah. And I I just curious as to how if if you guys see it as an issue or a thing you need to get on top of or not.

I think it's a definite concern and I'm glad to see that you're uh um proactive on this. just trying to get some ideas out of there. And I like I said, I'm not saying you've got to go through and do the same thing, but I will certainly be providing the examples that we have out of the other places because I can tell you specifically one of the issues that has come up and it's the worstkept secret in on Lake Ponet is the fact that so many of those lots have backlot sheds that have they're not living quarters, but they're living quarters. They say they're not, but people wind up in them. And that board is to the point of just saying we're we're done. We're we're just gonna say you can't finish it out if you're a second level to end that component. And then to sign a document that says I understand I'll rip that I'll rip the room out if I found to be staying in that um because they're tired of chasing them. Frankly, it's because of their sanitary sewer that it does not serve as many lots as it was designed for primarily because you're dealing with two houses, not one on every lot. And so that's where planning comes in. So anyway, uh that's a two-minute planning and zoning lecture. So that's it. I you don't you didn't sign up for me to talk longer. Thanks.

That concludes department report, right? Correct. Okay. No need for executive session. Nope. Is there a motion to adjurnn? Motion by clerk. Second. Second. Second by Kyle Vander. All in favor? I. Meeting adjourned.

You want me to shut up? No.