Planning & Zoning Commission - Regular Meeting

Good evening and welcome to the June 4th 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 minutes is our motion approved Olsen Motion by Paulson. Is there a second? Second. Second by Kelly VanderWaal. All in favor? Aye. Motion passes. Items to be added to the agenda by commission members or staff?

Just our staff report.

Nothing there. Invitation for citizens to schedule a time on the commission agenda for an item not listed. Saying nothing. Disclosure of conflicts of interest, relationships with applicants, or expertise communication. Everybody's good? Approval of agenda. Is there a motion?

So moved.

Motion by Troyan. Is there a second? Second. Second by DeGroote. All in favor? Aye. Motion passes. We will now convene as the Brookings County Board of Adjustment. The Board of Adjustment is a nine-member board which has the power to hear requests for variances for conditional uses, appeals, and ministerial decisions of the zoning officer. The concurring vote of two-thirds of the full board membership of the board, six votes, is necessary for approval of a variance or an appeal of the zoning officer. The concurring vote of a simple majority of those board members present and voting is necessary for approval of a conditional use permit. In accordance with Robert's Rules of Order, We require a motion before a 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 zoning requirements for 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, variance 008. Andrew Shantos by Tom Cotton has made an application 2026, variance 008 to the Brookings County Board of Adjustment for variance Article 4, District Requirements, Chapter 4.01A, Agricultural District. Agricultural Land District section four point zero one point zero five Area regulations slash easements the property is described as the south four hundred ninety nine and a half feet of the southeast one-fourth of the southeast one-fourth in the East eight hundred and twenty one point three feet of government lot eight in section three Township 109 North Range 52 W Lake Sinai Township located at two one four nine nine four hundred fifty-eighth Avenue Volga South Dakota five seven zero seven one is there a motion I

So move Paulson.

Motion by Paulson. Is there a second? Second. Second by Kleinjohn. Richard would you read the staff report?

Yes, 2026, variant 008, Andrew Chantos by Tom Cotton has applied for a front yard variance to build a 10 by 16 covered porch, 138 feet from 485th Avenue, which is county road number 11, which is a variance of 12 feet and 62 feet from the center of 219th Street, a variance of 71 feet. and also build a 17 by 17.6 sunroom addition, 96 feet from the center of 219th Street, a variance of 37 feet. The house is on a corner lot and has two front yards. The required setback from the center of the road on 458th Avenue, which is also known as Brookings County Blacktop Road No. 1, and 133 feet from the center of 219th Street, and 219th Street is a Lake Sinai Township dead-end road. Previous owner was granted a variance on March 4, 2003, to build the residence in its current location. Public notices were published in the Brookings Register on May 19 and 26, 2026, and the Volga Tribune on May 21 and 28, 2026. Letters were sent to the Brookings County Highway Department, the adjoining landowners, and the Lake Sinai Township chairman and clerk. Here is the applicant's variance application. There's a site plan, 458 Brookings County Blacktop Road, 215th. Lake Sinai Township gravel road, Lake Sinai to the west here, runs into. A beacon map showing the two proposed additions to the porch and then the sunroom addition on the end of the house. 215th and 458th. Here's the beacon map showing the same property, the proposed additions, Lake Saniye back to the west. Here's some photos. This is looking down, first one looking north on 458th from the corner of 215th Street. Other ones looking down 215th from 458th Avenue, which is 215th is the dead end, Lake Sinai Township Road. Here's the proposed porch right here. Addition they would like to add. This is just looking west from 458th towards the proposed addition right here. The wheels at the east side of the Covered porch would be 138 feet from 458th Avenue. This is looking towards the north from 215th Street. The wheel is at 62 feet from the center of 215th Street. This would be the same width, just extending it out 12 feet, I believe. This is just looking back towards the east of the proposed covered porch right here. This would be the south edge of that. This is just looking back towards the west, the southwest corner of the proposed porch addition would be. This is on the west end of the house. The wheel is at 96 feet from the center of 215th Street. And this here is just looking at the end view. This would be the south end. This would be the north end of the proposed addition. So that's all that I have, and the applicant is here this evening.

Thank you, Richard. If the applicant wants to come forward to the mics and add anything, or... Better to state your name into the mic, please.

Say, state my name? Yes, please. Andrew Shantos. This is my wife, Carrie.

Do you have anything to add to Richard's report?

No, I think that, you know, I think the impact of anything would be on the township road in terms of distance because the additions don't impact. I mean, the footprint of the house is closer to the blacktop road than we would be building. So I think the only impact would be on that township road in terms of the variance, truly. And that that road uses I would give you an estimate of about three vehicles a day if you averaged it out So it's an extremely low use because it's a dead end.

So Are there any other questions from members of the board at this time I Do believe you have a bunch of typos in there to fix? your 2 19th has to be changed to 2 15th and Brookings County one has to be changed to Brookings County 11, okay Just and that is that is a read nowhere We'll do that one in the findings of facts, right I

Okay, is there any other questions from members of the board at this time? Is that township road a lake access road today?

It is, yeah. It used to be the primary access before the lake expanded. The primary lake access with the boat launches on the north part of the lake now. And so, you know, 95% of the traffic to the lake is through the new access. But there's still people who go down there and fish. And the most reliable use is by the game warden. They use it frequently to go down there and glass people fishing.

Any other questions from members of the board at this time?

Mr. Chairman. I'd like to ask Richard a question if he has the answer. If the variance is granted for that 12 feet, how far is it from that 12 foot to the right-of-way line for that Township Road 215?

Well, the right-of-way is 33 feet. So if you take 33, what I told you, 96 feet off of that, whatever the... Distance was there if you take 33 off of that feet off of that distance would be the distance to the right-of-way line Are you talking for the porch addition or this?

Okay, it was 62 feet so 62 feet minus 33 would be a

31 31 feet and primarily that road to be used is used by probably the locals there, right Thank you are there any other questions from members of the board at this time Go back to your seat for a minute Well now move the public hearing portion is there anybody in the audience that is for this I Hearing none is anybody in the audience that is opposed to this Seeing and hearing none I'll not close the public hearing portion move back to the board for additional comments or questions The letters were sent to the Adjacent landowners in the Lake San Diego Township chairman and clerk any response back from any of those individuals there was no correspondence received from township officials or the adjoining landowners and

Any other comments or questions from members of the board well just a comment It's it is close to the road, but it's a road to nowhere If you say there's three cars go down that road a day. I would be really surprised. There's that many Yeah

Well, seeing no other comments from the board other than Darrell's there, Richard, would you read the findings and facts? Did you do the public hearing? I did. Okay. I made that quick when there's nobody here.

All right, Brookings County Zoning Variants 2026, Variant 008, an application for a variance haven't been filed with the Brookings County Zoning Commission, acting as the Brookings County Board of Adjustment. Copy of the application being attached here, too. Such application being made by Andrew Shantos by Tom Cotton regarding the following real property. The south 499.5 feet of the southeast 1 4th, southeast 1 4th, and the east 821.3 feet. Government lot 8 in section 3 Township 109 North Range 52 West Lake Sinai Township Located at two one four nine nine four hundred and fifty eighth Avenue, Volga, South Dakota five seven zero seven one I Have to do notice a public hearing have been held in the application on this fourth day of June 2026 Number one, the Brookings County Board of Adjustment hereby finding that the strict application of the Brookings County Zoning Ordinance would produce undue hardship. That hardship is not shared generally by other properties in the same zoning district. In the same vicinity, that the authorization of such variants will not be substantial detriment to the adjacent property and the character of the district will not be changed by the granting of the variants. And that the granting of such variants is based upon reasons of demonstratable and exceptional hardships as distinguished from variations for the purpose of convenience, profit, or 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 Brookings County Board of Adjustment further finding that the written application of the petitioner demonstrates that special conditions and circumstances Exists which are peculiar to the land structure of buildings in the same district that literal interpretations of the provisions of the Brookings County zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the ordinance that the special conditions and circumstances do not result from the actions of the applicant that 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 and 4. The Brookings County Board of Adjustment, further finding that the reasons set forth in the application justify the granting of the variance and that the variance is a minimum variance that will make possible the reasonable use of the land, buildings, or structure. That the granting of the variance will be in harmony with the general purpose and the intent of the Brookings County Zoning Ordinance and will not be injurious 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 special conditions or safeguard. Variance is granted on March 4th, 2003 for the current location of the residence. B, 215th Street is a minimum maintenance dead end gravel Lake Sinai Township Road. Brookings County Board of Adjustment, by at least two-thirds vote of its full membership, hereby grants the above petitioner a variance for the above described real property as follows. Build a 10 by 16 covered porch, 138 feet, 458th Avenue, which also is known as Brookings County Highway number 11. A variance of 12 feet and 62 feet from the center of 219th Street. A variance of 71 feet. and a 17 by 17 foot six sunroof addition, 96 feet from the center of 219th Street, a variance of 37 feet. 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 required building permits for construction consistent with the terms of this variance. This variance is not usually than three years of the day granted shall be invalid dated this fourth day of June 2026 Are there any additions or corrections to the findings of facts? Do you have a statement from the board concurring with the findings?

Mr. Chair, I agree that the hardship described during the testimony demonstrated unique special conditions under which literal enforcement would cause unnecessary hardship, ensuring that The granting of the variance will be consistent with the public interest. Therefore, I concur with the findings, the facts for the variance.

Thank you, Mr. Kleinjohn. With that being said, Richard, would you call the vote?

Kelly VanderWaal.

Aye.

Tim Paulson.

Aye.

Dale Storhog.

Aye.

Daryl Kleinjohn.

Aye.

Justin DeGroot. Aye. Mark Joinby. Aye. Neil Troian I Chad Ford Motion passes We'll send you our original copy or the approved copies in the mail the new town command Or you can come in and get your building from it at any time so okay?

Thank you all very much

Moving on, department reports.

Yes, sir on Monday read the County drainage board is having a hearing or a public meeting type situation 6 p.m. And this off in this room here and We're gonna be discussing the dike situation down in the dairy township in the Big Sioux River and then on Wednesday at 9 o'clock, we've got a 765 kilovolt power line setback meeting that Two of the board members here will be What happens on that that's just to start that committee will probably go At least until October November time frame so And that's all I got Richard you have anything Yes, I believe there's four members that will be on the committee from this board otherwise

Since the last meeting, we've given out 19 building permits. Coming up in the July meeting, there will be a joint jurisdiction meeting of the Board of Adjustment. So those members that are on the Board of Adjustment, that meeting will be first. So just a heads up for that. Otherwise, that's all that I have for right now.

We have no executive session need.

That always works. Is there a motion to adjourn? So moved. Who had that?

Second. Second.

Motion by DeGroote, second by Troyan. All in favor?

Aye.