Planning & Zoning Commission - Regular Meeting

County and city planning meeting in one minute. Good evening and welcome to the April 7th, 2026 joint Brookings County and City of Brookings Planning Commission meeting. This meeting is being recorded, televised, and viewable on Swiftel channel 19, ITC channel 168, or the Brookings County YouTube channel. I will now call this meeting to order on the county side.

Now call this meeting to order on the city side. Approval of joint minutes on the county side. Is there a motion? Say your name with that too, please. State your name with it, too, Randy. Jensen with first. Is there a second? Pollson second. Pollson the second. All in favor? Motion passes. Is there a motion on the city side with your name please? So move Schmeichel second. Aken. All in favor? I. Any items to be added to the agenda by committee members or staff? No.

Invitation for citizens to speak on an agenda item not listed. Seeing none, approval of agenda on the county side. Is there a motion? Motion by Pollson. Motion by Pollson. Is there a second? Second by Vanderwall. Second by Kelly Vanderwall. All in favor? I. Motion passes. Motion to approve this agenda on the city side. A motion. Schmeichel Spear. Second. Thank you. All in favor? I.

We will now convene as the joint city and planning commission. The planning commission of the Brookings 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 in voting is required to forward a recommendation to the Brookings County Commission and the Brookings City Council for final decisions. Joint public hearing on proposed amendments to joint jurisdiction zoning ordinance. The Brookings County Planning Commission and Brookings City Planning Commission will hold a joint public hearing on a proposed amendments to the Brookings County ordinance number 22-05 and the city of Brookings ordinance number 22-037, the joint jurisdiction area zoning ordinance for Brookings County and the city of Brookings. Proposed amendments in the following articles. Article one, general provisions. Chapter 1.03, Official Joint Jurisdiction Zoning Map. Section 1.03.06. Article 4, Administration and Enforcement. Chapter 4.04, Zoning Amendments. Section 4.04.01. And Article 5, Supplemental Requirements for Agricultural District. Chapter 5.09. Manufactured Home Regulations Section 5.09. 09.01 pursuant to South Codifi codified law chapters 11-2 11-4 and 11-6 and all acts a mandatory thereto of the provisions of this ordinance shall apply within it within the unincorporated areas of Brookings County, South Dakota as established on a map entitled the official joint jurisdictional zoning map of the Brookings County and the city of Brookings, South Dakota Is there a motion to approve the amendment on the county side?

So moved. Motion by Kyle Vanderwal. Is there a second? Second. Second by Daryl Kleen. I entertain a motion and a second on the city side. So moved. Lety. Second. Aken. Richard. Would you read the staff report?

Yes. Updates to the joint zoning ordinance for the Brookings County and City of Brookings in articles one general provisions chapter 1.03 official joint jurisdiction zoning map section 1.0306 article 4 administration and enforcement chapter 4.04 zoning amendments section 4.0401 and article 5 supplemental requirements for agricultural districts chapter 5.09 09 manufactured home regulations 5.0901 when the joint zoning ordinance for Brookings County and the city of Brookings was adopted on December 20th, 2022 by Brookings County ordinance 20225 and city of Brooking ordinance 2022-037. The public notice publication requirement was 14 days, the same as the Brookings County zoning ordinance. The Brookings County Commission updated the county zoning ordinance in March 14th, 2024 by ordinance 202401 to a 10-day public notice as per South Dakota codified law 11-2-9 as recommended by the Brookings County Planning Commission. Proposed amendments to the joint jurisdiction ordinance change the public notice publication requirement from 14 days to 10 days. to update the 10-day public notice will match the 11 South Dakota codified law 11-2-9 and will be the same as the Brookings County zoning ordinance public notice requirement. The proposed amendments will be heard by a public hearing during a joint meeting of the Brookkins County Planning Commission and the city of Brookings Planning Commission. The decision made by the joint planning commissions will be a recommendation to the Brookings County Commission and the Brookings City Council for final approval. A joint meeting with the public hearing of both the Brookkins County Commission and the Brookings City Council will be

held at a later date to be determined for final approval which I will announce at the end of the meeting here. This is the sections of the zoning ordinance here. Um this is article one chapter 1.03 03 official joint jurisdiction zoning ordinance section 1.0306 and the the strikeout font is the part that is being removed and the italics and underline font is what is being replaced with. So under article one general provisions chapter 1.03 official joint jurisdiction zoning map section 1.0306 0306 dissolution of 2022 joint jur zoning ordinance for Brookings County and the city of Brookings. So here this is the removal in that section. There is the addition. It's in here twice in this particular one. There's the removal. There's the uh replacement in article 4. Uh section 4.04 procedures for zoning amendments. Here's the strikeout and here's the replacement in italics and underline. It is in twice in this section also. Um here's the strikeout. Here's the replacement. And in article five requirements for agricultural districts chapter 5.09 manufactured home requirement section 5.0901 manufactured homes. Here's the strikeout 14 days and there is the replacement of 10 days. And that's all that I have at this time.

Thank you, Richard. We'll now 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 opposed to this? Seeing hearing none, we'll now close the public hearing portion. Is there any members of either board have anything for discussion on this? Nothing on the county side. Mike or Ryan? Mike or Ryan, do you have anything to add? No additional comments.

Seeing no comments, no discussion. Richard, would you call the vote? Kelly Vanderwal. I. Tim Pollson. Hi Cody Clark. Hi Daryl Klein. John, hi Kyle Vanderwal. Hi Neil Troyan. Hi Randy Jensen. Yes Dale Stohog. Hi Chad Ford. Hi. Motion passes on the county side. Staff, can you call the city side vote, please? Spear. No

Soom. I Aken. Yes. Lety. Yes. Liur. Yes. Schmeichel. Yes. Motion passes. Moving on. Is there a motion? Mr. Mr. Chair, with the approval of uh proposed by both boards, it'll next go to a joint meeting of the Brookings City Commission and the Brookings County Commission on um May 12th at 5:30 p.m. for a second reading up here here in this same room on uh county commission chamber, city council chambers. That's all that I have. Thank you.

Thank you, Richard. That being done there on the county side, is there a motion to adjurnn? Motion by Klein John. Is there a second? Second. Second by Kyle Vanderol. All in favor. Adjourned on the county side. On the city side, I'll entertain a motion and second to adjurnn. So move. Second, lety. All in favor? I adjourned. Give us about five minutes and we will res situate and be ready for the county meeting at about we'll start it at 8:15. Should we do it again?

Good enough. Good evening and welcome to the April 7th, 2026 Brookings County Planning and Zoning Commission meeting. This meeting is being recorded, televised, and viewable on Swiftel Channel 19, ITC Channel 168, or the Brookings County YouTube channel. And I'll call this meeting to order. Approval of the minutes. Is there a motion? Motion by Jensen. Second. Second. Second by Troyan. All in favor? Motion passes. Items to be added to the agenda by commission members or staff. I have none. Just our staff reports.

Okay. Invitation for citizens to schedule a time on the commission agenda for an item not listed. Have a seat. Make sure the green light's on and clearly state your name into the mic and you have five minutes.

I'm Sue Engelman, a Brookings County resident by trade. I'm an electronics engineering technician. I am asking the Brookings County Commissioners and the Brookings County Zoning Board to match the dual county zoning setback requirements that that transmission lines with voltages greater than 345 kilovolts must have a setback of 2,000 ft from any inhabited residents in all zoning districts. This includes but is not limited to support structures greater than 100 feet tall or at the base at the base diameter of 25 feet or the wingspan of 35 of 30 ft. I'm speaking on behalf of saving our country our county from this monster power on Midwest transmission line that will only benefit Minnesota. This transmission line is proposed to run from the Bigstone power plant through south through Brookings County and then east into their destinations in Minnesota. Each of the 765 volt 765,000 volt towers will be close to 50 foot wide at the height with the height of around 175 ft and the width of 150 foot. They need 250 foot rightway around each tower. This means that all trees, vegetation, pollinators and animals will be uprooted and death and land erosion will be what remains around these areas forever. To put the size of the power towers in perspective, the SDSU Coughlin Campal stands 165 ft tall. That means that each 765 KV tower structure is actually 10 ft taller than the Campanil with five power tower structures per mile. The footprint of each of these towers is 35x35 or 50x 50 foot with a foundation depth of 25 ft to 65 ft. My calculation shows that each tower could take up to 162,500 cubic feet of concrete. These structures take enormous amounts of concrete. 11

years ago in Han County, they approved a wind turbine project. Each wind turbine takes 140 1,480 tons of concrete and a major component of concrete is gravel. In Han County, the gravel price has tripled in three years. Han County buys 440,000 tons of gravel per year. This is one of the increased cost of the local economy and unintended consequences. Gravel becomes scarce in all areas that require great amounts of concrete. These out ofstate companies are mining our local resources like gravel and water that have been affordable and available. This is not economic development. It is robbing the local region of the resources that enable us to take care of the land and improve our lives. This proposed transmission corridor will encourage vol will encounter voltage drops in the transmission lines. It is proven that if you stand under a high voltage power line while holding a fluorescent bulb, the unpowered bulb will light up from the stray voltage under the power lines. Consequently, EMF electromagnetic frequency exists as well. Just because we can't see something doesn't mean it can't harm us. If you care about young children and adults having a greatly increased chance of cancer, please assist us in fighting these power lines in the AI data centers in our glorious state of South Dakota. We are killing our earth with these types of things. What will our children and grandchildren have to live with? If we don't stop this now, there will be now no opportunity to turn this around and have our natural resources unharmed. These companies are telling us there are no harmful effects from any of these structures. I beg to differ. They are selling us the moon. And if we let this travesty go unstopped, we are setting settle selling out our children and their futures. Power on Midwest states there have been studies over a 40-year period funded by the World Health Organization and others. However, they

do not tell you they are only short-term studies with outcomes that are planned, not a 40-year study that shows actual negative health impacts. One minute remaining. Pardon me. You have one minute remaining.

These studies are funded by industry influence parties. They are not independent studies made without gain to those that are paying for the studies. I brought up this fact to the Power on Midwest representatives. And when pressed, Power on Midwest admitted that any of the above mentioned studies were only done on the similar 34 on the smaller 345 kilovolt transmission lines and not with the 365 kilovolt transmission lines. Power on Midwest has no long-term or short-term health detriment studies on the 765 KV transmission lines since the 765 KV transmission lines haven't been around for 40 years yet. All of mankind are electrical beings. Our bodies act like an energy wave broadcaster and receiver, incorporating and responding to EMFs. In fact, scientific research and has demonstrated that every cell in your body has its own EMF, helping to regulate important functions and keep your body healthy. Strong artificial EMFs like those from power lines can scramble and inter interfere with your body's natural EMF signals, harming everything from your sleep cycles and stress levels to your immune system and DNA. Again, I am asking for the 2,000 ft setback from any inhabited residents as adopted by Duel County for the health and safety of all Brookings residents.

Thank you.

Is there any other citizens that would like to schedule a time on a commission agenda for an item not listed? Seeing none, moving on. Disclosure of conflicts of interest, relationships to applicant or exparte communication. Seeing none, approval of agenda. Is there a motion? So moved. Motion by Kyle Vanderol. Is there a second? Second. Second by Randy 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 amendments thereof to the Brookings County Commission. The commission makes its recommendation based on adopted comprehensive plan for the physical development of the unincorporated areas of Brookings County. As matter policy, all motions are made in a positive. After a motion is moved and seconded, it is open for debate. Those supporting the motion shall in turn give their reasons. Those opposing opposing the motion shall then offer their reasons. After everyone has been given a chance to be heard, the commission shall make its recommendation is recommended approval or disapproval based on the testimony and information presented. A simple majority vote of a quorum of members of planning and zoning board in attendance is required to forward a recommendation. Moving on. Agenda item 2026 plat 002. Plat of blocks 789 and 10 Berkeland edition located in a portion of government lot 2 in the southwest 1/4 of section 28 township 109 north range 50W of the fifth primary in Brookings County, South Dakota. Is there a motion?

So move Pollson. Motion by Pollson. Is there a second? Second clerk. Second by Cody Clark Richard staff report.

Yes. 2026 plat 002 Mark Brooklyn has submitted a plat for block 7 through 10 of Brooklyn edition on the west side of Lake Campbell. The properties in the Lake Park zoning district and the preliminary plat was approved on December 3rd, 2024 by this board. Uh the final blocks exceed the 20,000 square foot requirement and vary in size from 1.1 to 1.5 acres and meet the non-lakefront setback requirements of 25 ft for the front yard, 25 ft for the rear yard, and 8ft sideyard for the Lake Park district. The blocks will have access off 468th Avenue and the plat meets requirements of the Brookkins County subdivision ordinance and the Lake Park zoning ordinance and the 2016 comprehensive plan for the unincorporated rural areas of developed lakes on existing land use. This is a proposed plat block 7, 8, 9, and 10. This is 468th Avenue right here. Lake Campbell's off over in this direction. Here's the proposed uh plats on the beacon map or proposed lots, I mean, excuse me, of the plat. Here's the beacon map showing right now one large parcel. Here's Lake Campbell right over here. This is Lakeshore Drive. That's all that I have. The applicant here is here this evening. So, if you have any questions. Thank you. Richard, did you want to come up or you good, Mark? You're good.

Okay. We'll move to the public hearing portion. Is there anybody in the audience that is for this? Seeing hearing none, is anybody in the audience that is opposed to this? Seeing and hearing none, we'll close the public hearing portion. Is there any additional comments or questions for members of the board? Seeing none, Richard, would you call the vote? Tim Pollson, I. Cody Clark, hi. Daryl Klein, John, I. Kyle Vanderwal, hi Dale Stohog. Hi, Neil Troyan. I Randy Jensen. Yes,

Kelly Vanderwal. I Chad Ford. I. Motion passes. Moving on. Agenda item 2026, plat 003, the plat of roads edition in government lots 1 and two and the south half of the northeast 1/4 of section 5 township 112 north range 50W of the fifth primary in Brookings County, South Dakota. Is there a motion? So moved by Troyan. Is there a second? Second. Second by Jensen. Richard staff report.

Yes. 2026 plat 003 2026 plat 003 the UNUNIS LJ roads trust is platting off a 49.7 acre parcel of pasture from the rest of the farm ground um on the quarter which has 162.16 acres of they own in section 22 uh township 112 north range 50 west of the 5pm Brookings County South Dakota and the plat does meet the platting requirements of the comprehensive use for the unincorporated areas for the real land use on page 24 for the agricultural land use. This is a proposed plat L-shaped parcel. Here's the proposed plat on the beacon map in red. This is a pasture grassland area. This is the farmland up here. Here's the beacon map showing the whole quarter. That's all that I have and the applicant is not here this evening, I don't believe. Thank you, Richard. If the applicant isn't here, we'll move to the public hearing portion. Is there anybody in the audience that is for this? Seeing hearing none, is there anybody in the audience that is opposed to this? Seeing and hearing none of them, I'll close the public hearing portion. There any additional comments or questions from members of the board?

I have one comment. Is that supposed to be section 22 or is it supposed to be section five? Let me look on the beat map here. That is section five. error on my staff report there. I'm sorry. So, it'll be in section northeast 1/4 of section 51 112 north range 50 west.

Yeah, because we cross that road. We're in Dual County. Are there any other additional comments or questions from the board? Seeing hearing none, Richard, would you call the vote? Cody Clark. Hi. Daryl Klein John. Hi. Kyle Vanderwal. Hi. Dale Stohog. Hi. Neil Troyan. Hi. Randy Jensen. Yes. Kelly Vanderwal. Hi. Tim Pollson.

Hi. Chad Ford. I motion passes.

Moving on to agenda item number nine, discussion related to possibility to possible regulations regarding the overhead electrical transmission lines with voltage greater than 345 kilovolt. Um, is this where we wanted to see if we wanted to put a committee together on that? Yes, we're looking at the the zoning board's uh direction, looking at setting up a subcommittee, looking with four members from the planning and zoning commission. Then that would be forwarded to the Brookings County Commission where they would um initiate a work or a group study on that like we did with the pipeline ordinance update. Um they would be open it up. they would have applications um that you could from the members from the public andor from probably other some electrical utilities. We get a full rounded um information from both sides of the board. So the board recommending board has um a good knowledge of what they will be recommending for setbacks or no setbacks or what they would like to set that at. So the we would look now from for four members of this board that would like to be on on that committee. They would be set once the county commission sets that they would be set the date and times of the meetings and when they would be. So this would be just or for committee members to be on that committee for the transmission lines. There are four people that would like to be on it.

Mr. Troyan would like to be on it. Okay. Just note that. Just also note that you need to be non-biased and have an open mind for the whole um meetings as they're going on. Mr. Kyle Vanderwal raised his hand. I suppose I can do it. So, we need one more. Hey, good point. Mark's not here. We nominate Jorby since she's not here. Kelly, would you be in or Kelly will be in on it? Yep. Commissioner, I will. Yep. Uh,

so name the

Could we have it noted if we're looking for people that I would like to find a representative from BMU? Yeah, that would be up to uh the county commission for the other members that would be on there, whether they're members from other electrical um transmission line people or electrical utilities and or it would be also opened up to if we did it similar to the pipeline. There would be an application process, an application that you would get from the county commission. you would fill that out, complete it, and return it back to the county commission office, and they would pull from the slate of applicant, slate of um applicants that would be there that have turned their application in um for the number of slots that they have open on the on that committee. So, it'd be up to the county commission to determine how many members at large there would be on there. So, that would be the process.

Okay. Richard, are you thinking that the applicants would would apply and have to have it in by May whatever? May one. Yep. That would be up to the county commission when they have it on their agenda to select the committee. Then they would select the deadline date and when the after that and then when the first after we get that process done, then we would set a first meeting date and time.

Fair enough. and all the applicants of that subcommittee would be notified of the date and time of the first meeting of that. So, you want to just go through the list of members? So, it'll be me, Kelly, Kyle, and Neil. Okay. Make Jord an alternate.

Yes. An alternate would be Mark would be that would be a good idea. Alternate would be Mark Jordan. So is that it with that one then we can that would be it for that discussion for that. So then we will move on and we will now convene as a bricking anything. You got anything for that Luke? Nope. I'm fine. you guys set up what process you did for previous ordinance amendments. That's what it sounds like you're doing here. You want to come and play on our committee?

Uh, I'll look into it for timing. You let me know on the back end.

Okay. Well, moving on then, we will now convene as the Brookings County Board of Adjustment. The board of adjustment is a nine-member board which has the power to hear requests for variances, conditional uses, appeals for the non-meisterial 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 appeal of the zoning officer. The concurring vote of a simple majority of those board members present in voting is necessary for approval of a conditional use permit. In accordance with Robert's rules of order, we require a motion to approve a request before the request can be baited. As a matter of policy, all motions are made in the positive. The board under specific powers granted to it by the state shall authorize variances from the zoning requirements or special conditions existing on the land will result in an unnecessary hardship for the applicant. Financial disadvantage to the property owner shall not constitute proof of an unnecessary hardship. Agenda item 2026 CU0001. Luzy and Sons Cattle Feeders LLC by Jordan Luzy has made an application 2026 CU00001 to the Brookings County Board of Adjustment for a conditional use permit article 4 District Requirements Chapter 4.01A agricultural land district section 4.01.04 04 conditional uses number six class A, B, and C confined animal feeding operations. The property is described as the southwest 1/4 excluding the southwest 1/4, the southwest 1/4 of the southwest 1/4 thereof, and the southwest 1/4, the southwest 1/4, the southwest 1/4. All in section 12, Township 110 North, Range 48W, Alton Township, located at 48306 210th Street, Elton, South Dakota, 57026. Is there a motion?

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

Yes. 2026 CU00001, a Luzian and Suns cattle feeders LLC by Jordan Luzy has applied for conditional use permit number six for a class A confined animal feeding operation for an expansion of his class B confined animal feeding operation that was that was permitted on June 2nd, 2009 for up to 1,990 on head of beef cattle, which is 1,999 head animal units. and he would like to expand to a class A for 24,499 head and it would be the same animal units of beef cattle and the animal units would be the same 2,499 an expansion of 500 head or andor 500 animal units. The total number of beef cattle with the expansion be 2499 and the applicant would like to add a 100 by 240 foot addition onto an existing barn to for to house the increase in the animal units. The applicant and the adjoining land owners within the setback area have completed a distance separation waiver that is on file per article 5 under general requirements chapter 5.22 of the confined animal feeding operations and section 5.2205 2205 concentrated animal feeding operation control requirements. Number six, exception exemptions exemptions to separation or setbacks distance requirements. B, a concentrated animal feeding operation structure which is expanded or constructed if the title holder of the land benefiting from the distance separation requirement executes a written waiver with the title holder of the land where the structure is to be located under such terms and conditions of such parties may negotiate. variance 2009 variant 009 was granted on June 2nd, 2009 to be closer to an existing residence than the required setback separation for the class B cable 1,760 ft.

The nutrient management plan shows they have adequate acres for the increase in the animal units and the proposed buildings are not located under zone A of the wellhead protection area or zone B which is the remainder of the mapped shallow or superficial oifer not included in zone A according to the first occurrence of aquifer materials in the Brookings County, South Dakota map which is under the oafer protection and is not under the flood plane. Uh chapter application includes information as per article 5. Chapter general requirements. Chapter 5.22 concentrated animal feeding requirements. Section 5.2205 concentrated animal feeding requirements control number 10. I won't won't read through all these. You can read those for that. All those are in this is right out of the zoning ordinance and included in the applicants application. So, it includes all of these items here. The applicant has a private well to provide water for the facility and has rural water as a backup water source. The engineers report was concluded as a separate attachment with this report and the zoning office has reviewed the above requirements and made a visit to the proposed site. Public notices were published in the Brookings Register on March 24th and 31st, 2026 and the Alton Record on March 26 and April 2nd, 2026. Letters were sent to the adjoining land owners, the Alton Township Chairman and Clerk and the Brookings County Highway Department and Brookings Dual Row Water. Here's the applicant's uh conditional use application. Uh this is the greenote setback waiverss signed by Mr. Davis.

Another one is sign signed by Doug even. Another one by Joan Lanners. There's the beacon map showing the operation right here existing barns. This a closeup of that a little close. You can see the the reur stockpile area right here. This is the pads or the proposed the barns. The proposed barn would go on the east end of this one right here. This is just a map showing the flood plane. It's way on the north end of the of this quarter. This is just the intersection of 210th and 483rd showing the building site right here. This is County Road 20 Oh, this is 280 or 48 210th Street. 483rd here. So anyway, just looking towards the north and this is looking from 210th Street towards the commodity barn. This would be the barn or commodity shed. This would be the barn that would be added onto. This is just looking back towards the northwest from 210th Street. This is the barn the addition would be on. Um this is the open space between the existing barn and the larger barn farther down the road down the field to the east. Just just looking back. um from the east property line uh looking back towards the barn and where the proposed addition would be. This is just looking from the on the north side looking towards the southeast. This is the main barn here. This is where the proposed addition would go. So my just a little closer addition or closer up thing this picture and this is just on the north driveway going driving

into the yard there. Nice clean operation. Well, that's all that I have and the applicant is here this evening. Thank you, Richard. Uh, if the applicant wants to step forward, clearly state your name into the mic for a second.

Uh, Jordan Luzy, vice president for Luzian Suns cattle feeders. Do you have anything to add to Richard's report at this time?

Um, no. That kind of covers the scope of it. Uh the addition is on the east side of that center building and the overhead there going east. Uh same width and dimensions just two more pens to accommodate that 499. Okay. Any questions for members of the board at this time? Seeing you can go back to your chair I guess. Thank you. Seeing no questions from the board I'll move to the public hearing portion. And is there anybody in the audience that is for this? Seeing and hearing none, is there anybody in the audience that is opposed to this? Seeing hearing none, we'll now close the public hearing portion. Is there any additional comments or questions from members of the board? Seeing hearing none, Richard would read the findings and facts. Yes, I'll read these in entirety as they pertain to it here. Brookings County Zoning conditional use permit number 2026 CU00001 application for a conditional use print have been filed with the Brookings County Zoning Commission acting as a board of adjustment. A copy of the application being attached here too. Such application being made by Luzy and Suns Cattle Feeders LLC by Jordan Luzy regarding the following real property. The Southwest 1/4 except the Southwest 1/4 of the Southwest 1/4 and the Southwest 1/4 thereof and the Southwest 1/4 of the Southwest 1/4 and the Southwest 1/4 all in section 12, Township 110 North, Range 48 West, Alton Township, located at 48306 210th Street, Elton, South Dakota. After due notice of public hearing haven't been held on the application on the 7th day of April, 2026. Number one, the Brookings County Board of Adjustment hereby finding that

it is empowered to grant such conditional use under the following sections of the Brookkins County Zoning Ordinance. Article 4, District Requirements, Chapter 4.01A, Agricultural Land District, Section 4.0104, 0104 conditional use number six class A, B, or C concentrated animal feeding operations and article 5 general requirements chapter 5.22 concentrated animal feeding operations. Further finding that the granting of the variance 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 requested have been complied with. Article five general general requirements chapter 5.22 concentrated animal feeding operations section 5.2205 concentrated animal feeding operation control requirements number 10 suggest suggested minimum application information the planning and zoning board has considered and incorporates these findings article 5 general requirements chapter 5.22 concentrated animal feeding operations section 5.2205 2205 concentrated animal feeding operation control requirements number nine standards for conditional use found on pages article 5 30 and 31 of the Brookings County zoning ordinance for all permitted kayos in Brookings County. Number three, the Brookings County Board of Adjustment further finds and that satisfactory provisions and arrangements have been made concerning the following were applicable. A entrance and exits to the property and proposed structures therein with particular reference to automotive pedestrian safety and convenience, traffic flow control, and access in case of catastrophe. We'll use existing entrance and exit on 210th Street, which is a Brookings County gravel road. B. the off- streetet parking and loading areas with required with particular attention to the items of an A above and e economic noise,

glare or other effects of the conditional use on the adjoining properties and properties generally in the district. No on street parking allowed. C utilities and refuge and service areas with reference to locations availability and compatibility. Uh dumpster service for garbage disposal. D screening and buffering with reference of type, dimensions, and character. None stated. E. Signs if any in proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony of the properties in the district. Is existing signage allowed in any regulatory signs required for livestock production. F. Required yards and other open spaces. None stated. G. General compatibility with adjacent properties and other properties in the district. 2016 comprehensive plan met for the agricultural district. H. Roads providing access 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 township or other governmental unit regarding the upgrading and continued maintenance of any roads used for the conditional use and requested prior to the issuance of the conditional use. 210th Street which is Brookkins County number gravel road number 34 is a Brookings County gravel road and meets the conditional use road requirements. I any required notification to law enforcement or fire department? None stated. J. Any safe any safety inspections required any inspections by state officials for livestock productions and any building permit inspections. Number four, the Brookkins County Board of Adjustment further determines and conditions this conditional use upon the following additional special conditions or safeguards. A, South Dakota Department of Agricultural Natural Resources State K-fold permit required. B. Best management practices for manure

application. C. Brookings County Confined animal feeding operation setback waiver signed dated is on and on file. Brookings County Board of Adjustment by least majority vote. of its members present hereby grants the petitioner a conditional use for the above describable property as follows. expansion of existing 2009 CU00009 conditional use class B confined animal feeding operation KO that was permitted on June 2nd 2009 for 1,900 head to expand to a class A beef confined animal feeding operation KO for 2499 head or two and or 200 2,499 animal units. This condition to use is specifically conditioned upon initial and contin continued compliance with all the requirements and conditions in three and four above and upon compliance with all applicable provisions of the Brookings County Zoning Ordinance. If approved, the Brookings County Zoning Director is authorized to issue any required building permits for construction consistent with the requirements of this conditional use. If this conditional use is not used within 3 years of the date granted, it shall be invalid dated the 7th day of April, 2026. Are there any additions or corrections to the findings of facts? Mr. Chair, I find that this application meets the requirements of the zoning ordinance as long as the findings of the facts are followed. So, I concur with the findings of the facts.

Thank you, Mr. Pollson. That being said, Richard, would you call the vote? Daryl Klein John. Hi Kyle Vanderwal. Hi Dale Stohog. Hi Neil Troyan. Hi Randy Johnson. Yes Kelly Vanderwal. Hi Tim Pollson. Hi Cody Clark. Hi Chad Ford. Hi.

Motion passes. Moving on. Agenda item 2026, variance 003. Barrett Marshall has made an application 2026 variance 003 to the Brookings County Board of Adjustment for the variance article 4 district requirements chapter 4.01A agricultural land district section 4.01.05 area regulations/ easements. The property is described as east 100 1,025 ft of the north 451 ft of the northeast 1/4 of section 18 township 111 north range 52W Windsor township located at 45491 204th street Arlington South Dakota 57212. Is there a motion?

Motion by Jensen. Is there a second? Second Pollson. Second by Pollson. Richard, would you read the staff report?

Yes. 2026 variant 003, Barrett Marshall has applied for a front yard variance to build a 40ft x 70t house 130 ft from the center of 204 street, which is also known as Brookings County blacktop road number six, a variance of 20 ft. The required setback is 150 ft from the center of 204 street. He will meet the front yard setback of 133 feet from the center of 455th Avenue which is on the east side and a Windor Windsor Township gravel road. The applicant's property is on a corner lot so it has to meet two front yard setbacks. The applicant would like to place the house in line with the existing driveway and trees where a rural water line enters the property from the east side and is shown on the site map near the proposed new house. Uh public notices were published in the Brookings Register on March 24th and 30th 31st, 2026 and the Vogga Tribune and the Arlington Sun on March 26th and April 2nd. Letters were sent to the adjoining land owners of Windsor Township Chairman and Clerk and the Brookings County Highway Department. This is a variance application. This is our site map. This is 204 street showing 130 ft 30 ft from the center of the road. Uh 455th 135 from the center to the edge of the house which meets the side setback requirement. This is just a survey paper that showing their lot where the existing buildings are. This is the beacon map showing the proposed building of the proposed setback distances here. Uh this would be 135 at

the red line and the blue line is 20 more feet at the required 150 ft from the center of 204 street. Here is their beacon map showing the property rectangle in shape. There's um pictures. This is looking uh west from the driveway down 204th Street, otherwise known as Brookings County number six. This is looking uh south down the driveway from 204 Street. This is looking towards the east uh from there from the driveway. You know, clear vision either both ways. This is in the in the house yard, the farmstead. Driveway comes in and circles or turns towards the east. Uh this is where that is proposed new house would be like in this area right in here. This picture here, this is the uh from the east. This is the wheels at 135 ft from the center of 455th Avenue. Looking towards the south, this just looking towards the southwest showing a little more of the of the farmard there. This is just looking down 4 55th Avenue. The fence is um over about 7 ft to be on the inside of the RA pole, which has from the center of the road that distance is um 40T. So it's actually 7 foot farther in than the required setback of 33 feet. So this is looking from 455th looking towards the west. Uh this is the wheel is at 130 ft from 200 the center of 204 street. Um there was a rural water shut off valve right here. Um just to the south of that a little bit. Um this is the required wheel here is at

150 ft. uh just slightly north the rural water shut off L for um right there. So that's all that I have. The applicant is here this evening. Is that you? Okay. The applicant is here this evening. So thank you Richard. If the applicant would like to come up and have a seat and clearly state their name into the mic,

Barrett Marshall, owner operator. Uh, do you have anything to add to Richard's report? Nope.

Are there any questions from members of the board at this time? Nothing. Go back to your seat. Thank you. Being no questions from board at this time, I'll move to the public hearing portion. Is there anybody in the audience that is for this? Seeing and hearing none, is there anybody in the audience that is opposed to this? Seeing and hearing none, we'll now close the public hearing portion and move back to the board for additional comments or questions. Anything from the board?

Is there a hardship for this variance? That's um unless the water line, but according to their diagram, the water line um comes in here and goes across here and then into the house. Is that correct, Mr. Barrett? Um

come back up. Have a seat. That would be the only thing, but their plan uh shows the water line kind of going over the north edge or right underneath the garage area of that. Otherwise, um there's no other existing um hardships that I'm aware of outside of the trees and wanting to uh use existing driveway coming in from the west here uh for that location. So, that's all that the applicant has on the the applicant. So on their application. So unless there's something I'm not aware of, I don't see anything else that is preventing them from keeping it at the 150 foot setback.

What's stopping you from wanting to move it to that 150 foot?

We just want to keep the driveway there kind of in in front of the old existing house. And then to the south of that, there's a old crab apple tree there that the elderly gentleman we bought our acres from, his dad planted in the 1980s. And we'd really like to keep that tree. That's the last one of six crab apple trees that was planted there. And it lines up with where the garage would be to go straight into the garage in front of that old house cuz the garage will be on that north end. So there won't be any human occupancy in that end that would require the variancy.

And where is that tree located? Right here. No, to the left of your green box. Not that one. The next one over that one's coming down. That's the crab apple tree. So, we want to go right between the existing house and that old tree. How far is the existing house off of 204 street? 80 like 84 or 87 feet. I think 84t. So, we'd be that distance plus the existing house plus four or five feet past that would be where the start of the new house would be out to the east.

So, you'll be farther away from Yes. 84 and 42 and six would be 130. Yep. I think I think it'll actually be like 135, but I didn't want to split hairs, so I asked for the 130 just to be safe. Is your intent to take down the old house once the new one is

Yep. Yep. And I talked to the King Brookke roar water guy and there's enough room between where that shut off is in that east pasture from that to the distance to the new house for the new well pit and anything that they would have to do in between there. So King Brookke is all on board with being that direction. Yeah, actually that green box should be farther down that's on that map.

Yeah, it's it's this is through our beacon our mapping through the county and it's it's not to scale. So, it just gives you a good idea where roughly Yeah. This this would be the proposed 130 right here. Yep. And then is that the crab apple tree right there then in that picture? This is the 150 foot setback. Excuse me. This is the 130 foot right here. Then that would be the

that would be the trees that you're trying to save right there, which would line up right out your garage door. If we go to the 150, right? Right. There's a good picture of it. Right there.

Yeah, cuz right now when we pull in in the winter time, we pull in right in front of the house there on that picture on the the looking east from the farmyard. We pull up and park right on the south side of the house in the wintertime. So that would essentially line up right where we would put the new garage doors going east. Are there any other questions for members of the board? Seeing none, I guess I'll ask Richard to read the findings and facts. You can go back to your chair if you want, Barrett. This first one will read in its entirety and for the rest of the other variants, we'll just read the highlighted areas for those other ones that are on the agenda tonight. Brookings County zoning variance 2026 variant 003 application for variance have been filed with the Brookings County Zoning Commission acting as a Brookings County Board of Adjustment. A copy of the application being attached here to such application being made by Barrett Marshall regarding the following real property. the east 1,025 ft of the north 451 ft of the northeast 1/4 of section 18 township 111 north range 52 west Windsor Township located at 45491 204th street Arlington South Dakota after due notice of public hearing have been held on the application on the 7th day of April 2026 number one the Brookings County Board of Adjustment further hereby finding that the strict application of the Brookings County zoning ordinance would produce undue hardship that such hardship is not shared generally by other properties in the same zoning district in the same vicinity and that the authorization of such variance will not be substantial

detriment to the adjacent property or the character of the district cannot be changed by the granting of the variance that the granting of such variance is based on reasons of de demonstrable and exceptional hardship that's 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 practicable the formulation of a general regulation to be adopted as an amendment to the zoning ordinance. Number three, the Brookkins County Board of Adjustment, further finding that this written application of the petitioner demonstrates a special conditions or circumstances which exist which are procured to the land, structure or buildings in the same districts and that literal interpretations of the provisions of the Brookings County Zoning Ordinance deprive the applicant of the rights commonly enjoyed by the properties in the same district under the terms of this ordinance. That the special conditions or circumstances do not result from the actions of the applicant. that granting of the variance requested will not confer on the applicant any special privileges 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 reason set forth in the application justify the granting of the variance and that the variance is a minimum variance that will make possible the reasonable use of the land, building or structures and that granting of the variance will be in harmony with the general purpose and the intent of this Brookings County zoning ordinance will not be injurous to the neighborhood or otherwise detrimental to the public welfare. Number five, the Brookings County Board of Adjustment further determines and conditions this variance upon the f following special conditions or safeguards. Preserve the location of existing trees and use the existing driveway. The Brookkins County Board of Adjustment by at least twothirds vote of its full membership hereby grants the petitioner or variance for the above described or

property as follows. build a 40 foot wide by 70 foot long new home 130 ft from the center of 204 street which is also known as Brookings County blacktop road number six. This variance is specifically conditioned upon initial and continued compliance with all the all 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 three years of the date granted. It shall be invalid. Dated the 7th day of April, 2026. Luke, do you have anything to add to the findings facts?

Well, the the one thing that I just want to clarify with the board standpoint for variances, and this goes because you've got three variances in front of you tonight, and I haven't been here in a while when you've had them. When you're voting on a variance, always remember that there were there are three tests that the state supreme court has has gone through and and really two have stood the test of time. And that basically I'll summarize in one sentence. Okay? It says that when you're voting yes, you're agreeing that the hardships described during testimony demonstrated unique special conditions under which a literal enforcement would cause unnecessary hardship and that it ensures the granting the variance would be consistent with the public interest. So those are the couple of things you're looking at. So if there's something tangible in there that you feel like you can hang on to that that's a unique hardship, then that's what you're going to refer to if you wind up in court. And the truth is, um, there's probably a good chance you won't wind up in court in any of these, but for what it's worth, I always recommend that you plan that you will.

Thank you. Are there any other 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 as the findings of facts are followed. So I concur with the findings of facts. Thank you, Mr. Clark. Mr. Chair, I just like to note if this variance is denied, the applicant would have to wait six months before they could reapply for another variance in the exact on their property for that. So you good with that? That being said, Richard, would you call a vote? Kyle Vanderwal, no. Dale Stoog. Hi.

Neil Troyan. Hi Randy Jensen. Yes, Kelly Vanderwal. Hi Tim Pollson. Hi Cody Clark. Hi Daryl Klein John. No Chad Ford. I

one, two, three, four, five, six, seven. Seven eyes, two nays. Motion passes. We'll send you a copy of these in the mail. Then you can come in anytime after when you get all the plans for your building permit. So, Yes.

Moving on. Agenda item 2026, variance 004. Mike Sierstead by Sean Nap has made an application 2026 variant 004 to the Brookings County Board of Adjustment for Variance. Article 4, District Requirements, Chapter 4.03 LP, Lake Park District, section 4.03.03, Density, Area, and Yard Regulation. The property is described as lot six and the south half of lot seven in the north half of lot 7. All of lot 8 and lot nine of hagen 6ix subdivision. All in the southwest 1/4 of section 32, township 109 north, range 50 W, Maderi Township, located at 9090 9110 and 9130 Hagenick Road, Brookings, South Dakota 57006. Is there a motion?

So moved. Motion by Kyle Vander. Is there a second? Second Pollson.

Second by Pollson. Richard, would you read the staff report? Yes. 2026 variant 004. Mike Cersstead by Shaun Knap has made an application for variance to build a 10 by4 house edition with a 6-ft wraparound deck closer to the lake shore. The north northern horse support post of the deck would be 18 ft from the highest known water elevation, a variance of 57 ft. The existing 10x4 ft deck would be removed and replaced with a 10x14 house addition in the same location. Um the 7 10x4 deck will have a 6' wide uh support post um 27 ft um from the highest known water elevation. The 18 ftx 25 foot wide long garage edition also on here would be 51 ft from the highest known watermark. Uh the lake park lakeside setbacks are 75 ft from the highest known water water elevation. The elevation at the front of the house and the attached garage is considerably higher than the lakeside and he will meet the eight 8 foot side setback and the applicant owns lots on the north and the south side of his residence. The parcel is located in the flood plane on the very east side next to the lake but the residence is not in there. Uh the previous owner was granted a variance 202 2010 variant 008 on May 1st 2010 uh to build the house in its current location and hacken subdivision was platted on May or September 24th 1958. Uh public notices were published in the Brookings Register on March 24th and 31st 2026 and letters were sent to the joining land owners Madary Township chairman and clerk and the Brookings County Highway Department. Uh this is the variance application submitted by Mr. Knap on um Mr. Cersstead's behalf.

This is the site site plan of the lot. This would be the proposed 18 by 24 edition right here. This is actually a foundation plan. This shows the setbacks here. Here's the actual addition plan. This is the 18 by 24 addition onto the attached garage. This is 51 ft from the highest known water elevation. This is where the existing deck is right now. They would take that off and build a house addition, the exact same size. Um, come out 6 feet for the support post of the deck, six foot wraparound deck. Um, the middle post here is at 22 feet. Uh the northernmost uh post right here is at 18 ft and deck 6T deck wraps around 14 ft to the west onto the north side of the house. There's just some elevation showing the attach that garage edition. Kind of redoing the front entry right there. Uh this would be the get my bearing straight here. This is the north side of the house where the deck would wrap around adding patio doors there. Um, this is the lakeside. This is the garage edition here. Here's the house edition right there. The wraparound deck. This post would be um 27 ft. This middle post would be about 22 feet. And this post right here is 18 ft from the highest known water elevation. And this would be looking at it from the um I don't know what side this would be. Anyway, this is the other elevation showing here. This would be from the south, excuse me. This is a beacon map with the proposed wraparound deck and where the existing deck is right there. This is a garage edition and he owns this lot and this lot also. So he meet and exceeds the and he will meet the the front addition of to the to the road. Um this is a beacon of map

showing the flood plane just kind of dips in here just a little bit towards the house. Just showing the other lot there. There's some pictures. This is the north side of the house looking towards the east towards the lake. This is the front of the house as it is right now off of Hacken Sick Road. Um this is looking towards the east. The wheel is at 18 ft um from the south side of the garage. This would be the south end. This is looking towards the north. This would be the east end of the garage edition where the wheel is. And just looking from the lake rip wrap down on the lake shore looking up towards the the garage. You can see the considerable elevation difference there. This is looking towards the north the existing deck that be would be removed. This is looking towards the north versus where 6 foot from the edge of the deck out to where the wheel is where the support pole should be located. uh 27 feet from the water's edge, highest known water elevation there. This is this center of the house where this approximate location of the center support pole should be which is 22 ft. And this is looking towards the the north at the very north end right there looking from the south looking north. And this is at the north end looking south where the support post would be from roughly for the um northern support post would be 18 ft from the highest known water elevation. This is looking back towards the west from that same point and this would be 14 ft where that the west edge of the wraparound deck would stop right in this area. This just looking from the west looking to the east six foot out from the house. And this just looking down from the northern part of the shoreline looking towards the south looking just same same

elevation towards the house. This is at the southern part looking towards the north. That's all that I have. Mr. Nap was not able to be here this evening. Um but the the owner uh Mr. Cersstead is so I'll try to help him along if there's any questions that you have. Thank you Richard. Mr. Shar said, would you clearly state your name into the mic? Mike, sir said. Do you have anything to add to Richard's report? I do not. Is there any questions for members of the board at this time? You can go back to your chair, I guess. Thank you.

Thanks, Mike. That being said, we'll move to the public hearing portion. And is there anybody in the audience that is for this? Seeing and hearing none, is there anybody in the audience that is opposed to this? Seeing and hearing none, we'll now close the public hearing portion. Are there any additional comments or questions for members of the board? Seeing hearing none, Richard, would you read the findings facts? Yes. Brookings County zoning variance 2026 variant 004. An application for variance have been filed with the Brookings County Zoning Commission acting as a Brookings County Board of Adjustment. A copy of the application being attached here too. Such application being made by Mike Cersstead by Shan Knap regarding the following rural property. lot six and the south half of lot seven and the north half of lot seven and all of lots eight and nine in hacken six subdivision in the southwest 1/4th of section 32 township 109 north range 50 west mader township located at 9090 9110 and 9130 Hacken Sick Road South Dakota 57006 after due notice of public hearing have been held the application on the 7th day of April 2026 number One. Number two. Number three. Number four. Number five. The Brookings County Board of Adjustment further determines and condition this variance on the following special conditions and safeguards. A. Shape and size of lot. Hackinet subdivision was platted on September

24th, 1958. Existing residence was granted a variance 2010 variant 008. The Brookings County Board of Adjustment by at least two-thirds vote of its full membership hereby grants the B petitioner variance for the above described property as follows. Remove an remove an existing 10x14 deck and replace in the same location and size with a 10x14 residential house edition with a 6 foot wide wraparound deck along the lakeside of the house with the north end of the support deck post to be 18 ft. The center support post 22 ft and the southern support post 27 ft from the highest own water elevation on Lake Campbell. and build an 18x 24 garage edition attached garage edition 51 ft from the highest own water elevation on Lake Campbell. This variance is specifically condition on initial and continued compliance with all the conditions and safeguards and five above upon compliance and all applicable provisions of the Brookings County Zoning Ordinance. If approved, the Brookings County Zoning Officer is authorized to issue any required building permits for construction consistent with the terms of this variance. This variance not used within three years of the date granted shall be invalid date of the 7th day of April 2026.

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

Mr. Chair, I find that this application meets the requirements of the zoning ordinance so long as the findings of facts are followed. Therefore, I concur with the findings of facts. Thank you, Mr. Vanderall. Richard, would you call a vote? Neil Troyan. Hi. Randy Jensen. Yes. Kelly Vanderwal. Hi. Tim Pollson. Hi. Cody Clark. Hi. Daryl Klein. John. Hi. Kyle Vanderwal. Hi. Daryl Storehog. Hi. And Chad Ford. I.

Motion passes. Chad, we'll send you this completed findings, the facts, and the variance application so Sean can come in whenever it's ready to go to work and get his building permit. Appreciate your consideration. Thank you. Thank you.

Moving on to agenda item 2026, variance 005. Allan and Tracy Dixon have made an application 2026 variance 005 to the Brookings County Board of Adjustment for Variance Article 4 District Requirements Chapter 4.03 LP Lake Park District section 4.03.03 density area yard regulation. And the property is described as lots 1, two, and three of the Marvin Wade subdivision of government lots 1, two, and three in the northeast 1/4 of section 6, township 112 north range 52W and lot 10 excluding the northwest 60 ft of the CM Christensen subdivision in government lot 4 in the northwest 1/4 section 6 township 112 north range 52W and lot D County Highway Edition in section 6, Township 112 North, Range 52W, Lakeetton Township, located at 288 South Lake Drive, Arlington, South Dakota, 57212. Is there a motion?

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

Yes. 2026 variant 005 Allen and Tracy Dixon have applied for variance to build an 18t 7 in x 35'5 in house edition with a 28t1 in and a 27'6 in attached garage 63 ft from the highest known water elevation on their lot on Lake Ponet. Uh the lake park lakefront sub setbacks are 75 ft from the highest known water water elevation. The addition in the attached garage will be built on the front of the house and east side of the house away from the highest known watermark of the lot. The addition with the attached garage will not exceed past the east end of the will extend past the east end of the house and on the north side of the addition being 63 ft from the highest known water elevation. The attached garage will extend to the south on the south end of the garage can be built two feet from the front property line rightway line of the county highway. Is it been the policy to allow structures to be no closer than 2 feet from the rideway along Brookings County Blacktop Road number two, which also is known as Lakeshore Drive, where the rightway is widened. The parcel is in the flood plane and the proposed house addition with the attached garage will meet the FEMA flood plane not substantial improvement requiring inquir requirement by not increasing the value of the structure by more than 50%. Things are to consider are the shape and the size of the lot. Modern weight second subdivision was platted on October 26th, 1955 and the CM Christensen edition was platted on November 1950. The cabin was built before the current zoning ordinance were in place on the Brookings County zoning comprehensive plan future land use for developed lakes found on page 58 in paragraph 2. It is likely that established development areas of Lake Campbell, Lake Hendricks, Lake Titonah, Lake Ponid will experience continued development in varying degrees

while non-lfront growth potential exists for all able lakes. Significant lakefront areas appropriately zoned and subdivision in some cases adjacent to Lake Titanka, Lake Hendricks, and Lake Campbell. Letters are sent to the adjoining land owners, the Lake Township chairman and clerk, and the Brookkins County Highway Department. Public notices are published in the Brookage Register on March 24th and 31st, 2026 and the Bulgage of June and the Arlington Sun on March 26th and April 2nd. Here's the variance application. This is their site plan. This would be the house edition right in this part right here. This is the attached garage. This is the existing house. There's a little other elevations of it. This is be looking towards the east side. Here's the attached garage there and the addition kind of back in tucked behind there. This is looking towards the east. This is the front of the existing house right there. Here's the floor plan. This is the um addition right here for the house. Adding um mud room and and master bedroom right there. And here is the attached garage coming in there and and down. So adding some probably much needed room in there. Just the front elevation showing the garage looking at it from the south looking north. This be looking at it from the east. existing house back here. This would be um the garage addition right here. And then the existing house. This is looking at the west west side of the garage, west side of the of the house. Here's the beacon map showing the

proposed existing house with the proposed addition on there. this to be 63 feet from this north edge of the park end of the addition down to the top of the rip wrap right in that area. I say this south part can be come within two feet of that rightway line right there. There's a beacon map just showing the flood plane catching the northwest corner of the house little bit right there. There's just pictures. This is the um looking west the south edge of the proposed garage looking towards the west. This is that same area looking from the west looking east where the wheel is at here. This would be the east side of the proposed garage just right adjacent to the little out building right there pump house. This would be the northeast corner of the of the structure. Uh this would be um looking from the towards the north south east corner here towards the road. This just looking on the west side. This would be the west corner of the proposed garage matching up with the existing driveway right there. Same way this is the west corner of the proposed garage. Uh this is where the proposed uh north end of the addition would go. This is where the rip wrap is. Rocks out there would be the 63 feet from that mark up to here. This is just looking from the lake shore up towards the toward the south. Considerable higher on the south end. This just looking um towards the east along the shoreline. You obviously it's not interfere with the visions up and down the lake shore. It's just looking towards the west from that. So, and same way on the front of the lot will not interfere with um visions on necessarily up and down the road there. So,

that's all that I have and the applicant is here this evening. Thank you. Richard, would you like to come forward and clearly state your name into the mic? Last person left, huh? You scared everybody away apparently. Uh Alan Dixon, uh do you have anything to add to Richard's report? No, I mean our our family's growing. We're having some grandkids and we're looking to add another bedroom, so we got some place for them to I guess the grandkids and the kids to stay when they come to the place. So, as you mentioned, the entire addition is is on the southernmost half of the house, right? So, we're the entire thing will be further away from the lake than any existing portion of the house is currently. So, that's what we're looking at.

Any questions for members of the board at this time? You can hang out there and go back to your seat. Whatever you want to do here. It's not too far. Move to the public hearing portion. There's anybody in the audience that is for this? Seeing and hearing none, there's anybody in the audience that 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? Seeing and hearing none, Richard, would you read the findings facts?

Yes. Brookings County variance 2026 variant 005 application for variance have been filed with the Brookings County Zoning Commission acting against the Brookings County Board of Adjustment. Copy of the application being attached here too. Such application being made by Allan and Tracy Dixon regarding the following real property. Lots one, two, and three on Marvin Wade second subdivision of government lots one, two, and three in the northeast 1/4 of section six, township 112 north, range 52 west and lot 10 except the northwest 60 ft of CM Christensen subdivision and government lot 4 and the northwest 1/4 of section 6. Township 112 north, range 52 west and lot D highway edition in section six. Township 112 North Range 52 West Lake Township located at 288 South Lake Drive, Arlington, South Dakota 57212. After due notice of public hearing, haven't been telling them the application on the 7th day of April, 2026. Number one, number two. Number three, number four. Number five, the Brookings County Board of Adjustment further determines and conditions this variance upon the following special conditions or safeguards. A, shape and size of the lot. B, Marvin Wade second subdivision was platted on October 26th, 1955. CM Christensen subdivision was platted on November 20th, 1950. The existing cabin was built in 1960. The property and portion of the existing cabin are located in the flood plane. The addition is considered a non-substantial improvement by FEMA standards as the addition will not increase the market value of the building by 50% or more per plan submitted to the to the development office and reviewed on March 19th, 2026

by Jacob Br Jacob Bramer, Brookings County Equalization Director. The Brookings County Board of Adjustment by two-thirds vote of its full membership hereby grants above petitioner variance for the above describable property as follows. A build an 18 foot by 7 18'7 in x 35' 5 in residential edition on the front of the house with a 28t1 in and 27' 6 in attached garage 63 feet from the highest own water elevation on their lot on Lake Ponet and 2 feet from the south lake drive Brookings County blacktop number two rightway. 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. The Brookings Countyy's zoning director if approved is authorized to issue any required building prints for construction consistent with the terms of this variance. This variance is not used within three years of the date granted. It shall be invalid dated the 7th day of April 2026. Are there any additions or corrections to the findings of facts?

Mr. Chair, I find that this application meets the requirements of the zoning ordinance as long as the findings of the facts are followed. So, I concur with the findings of the facts. Thank you, Mr. Pollson. Richard, would you call vote? Randy Jensen, yes. Kelly Vanderwal, yes. Tim Pollson, yes. Cody Clark, hi Daryl Klein, John. Hi. Kyle Vanderwal, hi. Dale Stohog, hi. Neil Troyan, yes. And Chad Ford, I.

Motion passes. Moving on. Agenda item 15, department reports. Luke, you got anything for that at all or you good? Nothing new for you.

Give Richard a second to catch up. Yeah, we'll send you the findings of facts, Alan, so you can come in anytime you're ready to get your building permit. So,

awesome. Thank you. Appreciate you, guys. Yeah, things are kind of picking up on the office. We're issuing a few more building permits. As you can see, we had quite a few agenda items here. As of yet, we only have, I believe, two on the May agenda. So, um, county commission did in in enact a burn ban today um for for the Brookings County. So, if you still if you need um CRP acres or something that you need to burn, you can still do that, but you need to follow the uh call the non-emergency line for Brookings County Dispatch uh 6922113 uh to find out who your local fire chief is. Present him with the location and the item you would like to burn. And then it' be up to the local fire chief to uh say yay or nay if you would be able to burn that or not. So, um, same as what it's always been in the past years when it's been enacted. So, um, even with the moisture we had over the weekend, there were two fires yesterday, uh, Monday in the, yeah, Monday in the county and one in in the in the city of Brookings. So, um, might be shortlived. Hopefully, we get some pray for some moisture this weekend and and coming coming spring. So, um that's um what that is. Um with the subcommittee for the trans uh transmission power lines, like I mentioned earlier, that'll now go to the county commission. They will

finish out the slate on who and the application process for that. They'll do it just like we did the um pipeline ordinance that we established um when the carbon pipelines were coming um proposing or was talked about coming through. So, we'll go through that. We'll get some other um public interest on the board and other utility experts to so we get a well-rounded um site, not just tunnel vision of what everybody else is doing. We'll jump on the same bandwagon, but we want to make sure we have everything in sight so we're doing it the correct way. So, that'll be more to come on that. Um Luke, anything else?

Uh not really. I the one thing with regards to with regards to that ordinance I mean I I think a important component when you start right out of the gates is going to be do you want to do anything um and that may maybe it's not maybe it's on the back end um but nonetheless that's going to be a question you have with regards to any of the variances the one thing that I would say as I sent on to Richard um and to staff the the statement we you've been saying you for the concurrence of findings of fact for uh conditional uses and variances. Works well for conditional uses, not perfect for variances. It's kind of generic and frankly uh if if we went to court like they did in Lake County, it probably wouldn't work. But um I sent something very similar basically what I just said at this last one. It's a thing you'll want to look at. One of the things from a standpoint of chair and best practices, you do it, don't do it. Um, I would really recommend that as you heard what I read that um, based on testimony there were special conditions presented that uh, present a unique hardship on this property. I' I'd really actually recommend saying um, the unique hardships such as these two things after Richard says it. Obviously, you certainly could if you agree with them. that way at least somebody noted that they agreed with them and that they said it. Otherwise, we run into that same issue. So, just keep that in mind as you're doing it that every now and then uh put a fine point on it. Second point to that is that it should be a little harder to get a variance. So, you should have to say what you noticed on it. It's not a huge deal. Could rece it recite it though just for what it's worth. Best practices. I did have one other thing from a standpoint of what we're seeing um just

kind of in the northeast part of the state. Uh things have shifted. I kind of expected this um a fistful of years ago and I'm seeing it more and more. We're shifting from the standpoint of you can't let them do that to you can't stop me from doing this coming into the office. I don't know if uh this staff has noticed it, but I can tell you several different offices have noticed that more along the lines of what are you going to do about it as opposed to uh how are you going to stop my neighbors from doing the thing. So, just kind of be advised that we're getting a little more um uh testing going on, we'll say. That's it. That's it for exe for department reports. Uh no need for executive session. No.

Is there a motion to adjurnn? Motion by Clark. Second. Second. Second by Pollson. All in favor? Meeting adjourned.