Planning & Zoning - Regular Meeting

the December 2nd, 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 Vanderval. Kyle Vanderwal. Is there a second? I'll second. Second by Clark. All in favor? I. Motion passes. Items to be added to the agenda by commission members or staff. Just our regular department head report.

Okay. You good, Richard? Invitation for citizens to schedule a time on the commission agenda for an item not listed. Should be good there. Disclosure of conflicts of interest relationship the applicant or exparte communication I'll have to sit out the England number 004 variance any others approval of agenda is there a motion so moved motion by Troyan second second by Jensen all in favor I

motion passes We will now convene as the Brookings County Planning and Zoning Commission. The Brookings County Planning Commission is a nine-member commission whose function is to recommend approval or disapproval of land use plans, zoning ordinances, subdivision plants, amendments thereof to the Brookings County Commission. The commission makes its recommendation based on the adopted comprehensive plan for the physical development of the unincorporated areas of Brookings County. As a matter of policy, all motions are made in the positive. After a motion has been moved and seconded, it is open for debate. Those supporting the motion shall in turn give their reasons. Those opposing the motion shall then offer their reasons. After everyone has been given a chance to be heard, the commission shall recommend approval or disapproval based on the testimony and information presented. A simple majority vote of a quorum of members of the planning and zoning board in attendance is required to forward a recommendation. Moving on, agenda item 20 25 plat 026 plat of tract one of Grun edition in the southeast 1/4 of section 28 township 112 north range 52W of the fifth primary in all in Brookings County, South Dakota. Is there a motion?

So moved. Motion by Kyle Vanderol. Is there a second? Second. Second by Daryl Klein. Richard read staff report.

Yes. 2025 plat 026. Robert D. Grun is planting off a 7.47 existing building site from the 93 acres at the Ellen and the building site consists of the shelter belt, mature trees, house barn, and other outuildings. And the plat does meet the 2016 comprehensive plan for the unincorporated rural areas on page 24 for the agricultural land use. Here is the plat. driveway going around the shelter belts. Basically, just the plat on the beacon map. Basically, they're deeding off the building site from the pasture ground. Here's the beacon map showing the whole 93 acres. That's all that I have. The applicant is not here this evening.

Thank you, Richard. Since the applicant isn't here, we'll move to public hearing portion. Is there anybody in the audience that is for this? Seeing hearing none, is there anybody in the audience that's opposed to this? Seeing hearing none, I close the public hearing portion. Is there any additional comments or questions from members of the board? Seeing none, Richard, would you call a vote? Yes. Kelly Vanderwal, I. Daryl Storehog, I Cody Clark. Hi, Daryl Klein. John, hi. Kyle Vanderwal, hi Mark Jornby.

Hi, Neil Troyan. Hi, Randy Jensen. Hi, and Chad Ford. Hi. Motion passes. Moving on, agenda item 2025, plat 027, plat of tracks 1, two, and three of Robins edition in section 25, township 111 North, range 49W of fifth primary in Brookings County, South Dakota. Is there a motion? Jensen Jensen with motion. Is there a second? Second. Second by Clark Richard staff report.

Yes. Plant 2025 plat plat 027. The Robins family members are platting off the 112.22 acres of grass and pasture land from the 291.79 acres of farm ground they own in the northwest and the northeast and the southeast quarter in section 29 of Aptton Township. and it does meet the platting requirements on page 24 for the agricultural land use. Here is the plat. Track three is the grass land. Tracks one and two are the the farm ground. There's the tracks on the beacon maps. They were in like four or 680s or shortly thereof. So originally, so now they platted them into one into three separate parcels. Here's the beacon map showing the black outlined area, the six separate parcels. And that's all that I 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 audience that is for this? Seeing and hearing none, is there anybody in the audience that's opposed to this? Seeing and hearing none, I'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 call the vote? Yes. Dale Stohog, I. Cody Clark, Daryl Klein, John. Hi, excuse me. Kyle Vanderwal, hi. Mark Droby, hi Neil Troyan. Hi, Randy Jensen.

Hi, Kelly Vanderwal. I Chad Ford, I. Motion passes. Moving on to agenda item 2025. Plat 028 plat of lots 2 A, 2C, 4A, and five of the Porter edition located in the north 1/2 of the northwest 1/4 of section 13 township 109 north range 50W of the fifth primary in Brookings County, South Dakota. Is there a motion? So moved. Motion by Troy. Is there a second? Who had that? Randy Jensen a second. Richard Rouge staff report.

Yes. Plat 2025028. The Porter family is platting off a lot 4A. That's a 5.2 acre existing homestead on the from the 35 acres they own and they're making property line adjustments on lots 2A, 3C, and five. And the property is located in the Brookings City, Brookings County joint jurisdictional area. It doesn't meet the comprehensive plan for the agricultural land use on page 24. Here is the plat. This is lot five, the remainder of the farm ground. This is lot four where the existing house was. And this is lot 3C. Um we're making the property line adjustments on there. You'll see on the beacon map here. And lot 2A right in here. They're making property line adjustments. You can see the blue line was the original property boundaries property lines and they've enlarged that to the red lines. So that's what they're doing here. There's the beacon map of the 35 acres with the existing building site with the existing house right here. This is the existing house where Adam lives along the road. This is where the old This is where the bait business bait farm business is. And 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 audience that is for this? Seeing and hearing none, is there anybody in the audience that is opposed to this? Seeing and hearing none, I'll now close the public hearing portion. Are there any additional comments or questions for members of the board? Seeing and hearing none, Richard, would you call a vote? Cody Clark. Hi. Daryl Klein John. Hi. Kyle Vanderwal. Hi. Mark Jornby. Hi. Neil Troyan. Hi. Randy Jensen. Yes. Kelly Vanderwal. Hi. Dale Stohog.

Hi. And Chad Ford. I. Motion passes.

Moving on. Agenda item 2025. Plat 029. Plat of lot 11 of Turtle Bay edition located in the south half of government lot one in the northeast 1/4 of section 29 township 109 north range 50 W of the fifth primary and in a portion of the northeast 1/4 of the southeast 1/4 of section 29 township 109 north range 50W of the fifth prime and a portion of government lot 2 in the southwest 1/4 of section 28 township 109 north range 50W of the fifth primary in all in Brookings County, South Dakota. Is there a motion? So moved. Motion by Clark. Is there a second? Second.

Second by Kyle Vanderwell. Richard, would you read the staff report?

Yes. 2025 plat 029. Tim Hogan is submitted a plat for lot 11 in Turtle Bay Edition on the west side of Lake Campbell. The preliminary plat was approved on June 6, 2024 and plat meets the requirements for the Brookings County subdivision ordinance, the Lake Park zoning ordinance, and the 2016 comprehensive plan for the unincorporated rural areas on page 11 for the developed lakes or the existing land use. Here is lot 11. Here's the lot 11 on the beacon map. Here's just the bare property without the the other lot other lots that have been are previously platted on there. So, it's about right in this area. 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 audience that is for this? Seeing and hearing none, is there anybody in the audience opposed to this? Seeing and hearing none, I'll now close the public hearing portion. Are there any additional comments or questions for members of the board? Seeing and hearing none. Richard, would you call the vote? Yes. Kyle Vanderwal, I. Mark Jornby, hi. Neil Troyan, I. Randy Jensen, yes. Kelly Vanderwal, hi. Dale Stoog. Hi Cody Clark. Hi Daryl Klein. John,

hi Chad Ford. Hi. 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 request for variances, conditional uses, appeals, and the non-material decisions of zoning officer. The concurring vote of twothirds of a full board membership of the board. Six votes is necessary for approval of a variance or an appeal of the zoning officer. The concurring vote of a simple majority of those board members present in voting is necessary for approval of a conditional use. In accordance with Robert's rules of order, we require a motion to approve a request before the request can be debated. 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 zoning zoning requirements where special conditions existing on the land will result in an unnecessary hardship for the applicant. Financial disadvantage to the property owner shall not constitute proof of an unnecessary hardship. Agenda item 2025 varants 004. Keith England by Tony Brower has made an application 2025 variance 004 to the Brookings County Board of Adjustment for Variance Article 4 District Requirements Chapter 4.01A agricultural land district section 4.01.05 05 area regulation easements describe. The property is described as a south700 ft of the east 670 ft of the southeast 1/4 in section 14 township 112 north range 51W Preston Township located at 19877465th Avenue Bruce South Dakota 57220. Is there a motion?

Motion by Jensen. Is there a second? I'll second it. Second by clerk Richard, would you read the staff report?

Yes. 2025 variance 004. Uh Keith England by Tony Brower has applied for a front yard variance to build a 28x30 house edition 74 ft from the center of 465th Avenue, a variance of 59 ft. The required setback is 133 feet from the center of the road. The proposed addition cannot be moved farther to the west because west of the house because there is a detached garage uh located there on the west side of the house and the house was built in 1917 prior to the current zoning regulations. Public notices were published in the Brookings register on November 18th and 25th 2025 and the Vulga Tribune on November 20th and 27th 2025. and letters were sent to the joining land owner and the Preston Township chairman and clerk. Here's the variance application. Is our site map existing house proposed addition? There's the existing garage. There's the floor plan. It shows 28 by 30 living room and two bedrooms onto the existing house. This shows the elevations. Here's a beacon map showing the distance and where the addition be located. There's the detached garage right directly to the west of the house. Uh this is where the 133 ft setback would be on the west side of the house if they were to meet the setback requirements of 133 ft. There's just the whole parcel.

This just looking south from the yard going down towards the road. This is looking from the west towards the building site. This is where the proposed addition would go. Um this is just looking north along the roadside, the front yard. Uh here the stake is at 28 ft from the house. This would be the northeast corner of the proposed addition. This is that's looking towards the west. This is looking south towards the house would be the north end of the addition. There's two stakes here and here. Here's the proposed garage and matches up just a little bit past that little entryway right there. So that's all that I have and the applicant is here this evening. So

thank you Richard. Uh would the applicant step forward have a seat and clearly state your name in the mic. Good evening. Tony Brower with Brower Construction. Just kind of formality here. Do you got anything to add to Richard's report? Oh no. We're just looking to add some square footage on the main floor so that they can do living on one level as they progress in life. Any questions for members of the board at this time? You can go back to your chair now. Thanks. That being said there, we'll move to public hearing portion. Is 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. Are there any additional comments or questions for members of the board? Seeing hearing none, Richard, do you read the findings facts?

Yes. Brookings County zoning variance 2025 at 004 and application for variance having been filed with the Brookings County Zoning Commission acting as the Brookkins County Board of Adjustment and Copy the application being attached here too. Such application being made by Keith England by Tony Brower regarding the following royal property. the south, 1700 feet of the east, 670 feet of the southeast, 1/4 of section 14, township 112 north, range 51 west, Preston Township, located at 1987 465th Avenue, Bruce, South Dakota, 57220. After due notice, a public hearing has been held on the application on the second day of December, 2025. Number one, the Brookkins County Board of Adjustment hereby finding that the strict application of the Brookings County Zoning Ordinance would produce undue hardship that such hardship is not shared generally by other properties in the same district for the same vicinity and that authorization of such variance would not be substantial detriment to adjacent properties and the character of the district would not be changed by the granting of the variance. and that grant and that granting that such variance is based upon reasonable demonstrable and exceptional hardship as distinguish 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 Brookings County Board of Adjustment, further finding that the written application of the petitioner demonstrates that special conditions and circumstances exist which are procured to the land, structure, or buildings in the same district, and that literal interpretation of the provisions of the Brookings County's zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the same terms

of the ordinance. that the special conditions or circumstances do not result from the actions of the applicant, that the granting of the variance requested will not confer on the applicant any special privilege as denied by the ordinance or other lands, structures or buildings in the same district. Number four, the Brookkins 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 or pract practicable use of the land, building or structure that is granting of the variance will be in harmony with the general purpose and the intent of the 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 following special conditions or safeguards. Location of detached garage on the west side of the house. B. The house was built in 1917 prior to the current zoning requirements. The Brookings County Board of Adjustment by at least twothird vote twothirds vote of its full membership hereby grants the above petitioner a variance for the above described property as follows. Build a 28 by30 residence edition 74 feet from the center of 465th Avenue. 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 Countyy's zoning ordinance. If approved, the Brookings County's zoning director is authorized to issue any required building permits for construction consistent with the terms of this variance. If this variance is not used within three years of the date granted, it shall be invalid dated the second day of December 2025. 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. Vanderwolf. Richard, would you call the vote? Mark Joinby. Hi. Neil Troyan. Hi. Randy Jensen. Hi. Kelly Vanderwal. Hi, Dale Stohog. Hi, Cody Clark. Hi, Kyle Vanderwal. Hi, Justin Degrroot. I Chad Ford. Hi.

Motion passes. So once we'll send you a copy of these in the mail and you can come in tomorrow and get your building permit. So thank you. Moving on. Agenda item 2025 variant 005. Julie Johnson has made an application 2025 variant 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 and yard regulation. The property is described as lots A and F of lots A, B, C, D, E, and F of out lot B of the Tower subdivision within Lake Ponet Heights. All in government lot 3 of section 5, Township, 112 North Range, 52W, Lakeetton Township, located at 127 South Lake Drive, Arlington, South Dakota 57212. Is there a motion? Motion by Jensen. Is there a second?

Second. Second by Kyle Vanderol. Richard, would you read the staff report?

Yes. 2025 variant 005. Julie Johnson has applied for a variance in the Lake Park zoning district to build a build a 4 foot x 5 foot entry stoop or deck four feet from the east property line, a variance of 4t and 30 ft from the highest known water elevation, a variance of 45 ft. The sideyard setback is 8 ft and the lake side setback is 75 ft from the highest water elevation. The new 4x5 stoop or deck will be the new access to the house. The applicant is adding a 24x 25 addition onto the front, not the lakeside of the cabin and and using the existing foundation that is there. The addition foundation was poured, but the walls and the roof of the addition were not built by the previous owners. The property has been removed from the flood plane as it met the FEMA requirements in the letter of map amendment. The house addition and the existing house meet the 8ft side setbacks and the front yard setback of 25 ft. Things to consider are the shape and the size of the lot. The house was built in 1928 prior to the current zoning requirements. The Lake Ponet Height subdivision was originally platted on May 12th, 1922 and replatted on February 21st 21st, 1986 at the request of several property owners. Public notices were published in the Brookings Register on November 8th and 25th, 2025 and the Arlington Sun on November 20th and 27th, 2025. Letters were sent to the joining land owners, the Brookings County Highway Department and the Lake Township chairman and clerk. Here is their variance application. There's the site plan with the stoop being right here. This is a proposed This is the addition that they would be building on the existing foundation.

Here's the floor plan. This is the existing house right here, the existing south wall. This is a proposed 24x 25 addition. This is a proposed stoop entry that they're asking to build. It's just the surveyor's map of the property. So on the existing property line, the proposed addition, everything meets the side setbacks 88 8 foot1 uh 24T here up to the this is lot A, but this is existing. So it's about 30, if I remember, about 38 feet to the edge of the house. This is the plat. This is lot A and lot F right here. This is a plat the way it is now. You can see the existing foundation right here. This is the existing cabin that's there. This will be the park. There is an access easement on lot A for the owners of the cabins to the west. They have access to get there. So, it will be plenty of parking for them to park right here. some photos of the property. This looking west towards the parking area and the access easement right there. This is looking north towards the lake. This is just looking south north towards the lake where the existing foundation is here that you can see. This is the west property line 8t from the foundation. This is the east side of the house. The wheel is at 8 feet from the from the edge of the house on this one. This is where the four feet for the stoop would be. Come out just not quite to the existing deck out there. That is six

feet if I remember right. This is looking towards the west where the existing entrance is right now at the south side of the house. This is looking towards the north. Yes, the edge of the deck on the lakeside is is 6 feet right there. I was just looking from the the beach from the area back towards the south towards the um towards the house. House is considerably higher than the beach area and like I say it was high enough to get removed from the foot plane. That is all that I have and that's applicant is here this evening. Thank you Richard. if the applicant would come forward and clearly state your name into the mic if you choose.

I don't know if I really choose, but um I just want to thank you for um taking the time to hear this variance. My husband and I are here and basically we um bought this small cabin with the plan in hopes of building a small addition because we now have some grandkids and we need more bedrooms than we had in our current little two-bedroom cabin. So, we will now have four and have enough room for our family. So, thank you. Do you have anything to add to Richard's report? We do not. Are there any questions for members of the board at this time?

Go back to your seat if you want. That being said, I'll move to the public hearing portion. Is anybody in the audience that is for this?

Mr. Chair, yes, we did receive two emails uh yesterday and today. Um, I'll read these quick. This is from Sean Ericson. Hello, Richard. My name is Shawn Ericson. I've lived at 126 South Lake Drive, number 13 at Arlington Beach since 2017. I've known John and Julie for many years and prior and have coached hockey with John. I understand they have a variance meeting tomorrow on their deck and potentially other improvements. I can't recall exactly what the variance letter stated. Since we have owned there, the white ABR adjacent cabin has been quite an eyesore. We are so happy to that they have purchased this and are excited to see the improvements. John and Julie are incredible people and some of the best I know. They will do a good job on these improvements. I want to voice my full support for them. Thank you for your time. Sean Ericson. And the other one's from uh Todd Sold Soldgeek. Travis Soulik. Good morning. I'm a homeer homeowner at Arlington Beach Resort at Lake Ponet. I'm writing regarding to the upcoming variance hearing for John and Julie Johnson. The H cabin adjacent to Arlington Beach is a tired property in need of TLC. The property has had work done in the past has never been completed, leaving it to sit unfinished for years now. I believe the Johnson's idea to update the property without tearing the existing original structure is good taste, leaving the history of the original structure. This project will bring the property back to life and benefit the county and the local community. I've gotten to know John and Julie over the past five years, and they are great members of the community and passionate about the lake area. Please consider the variance on this property and thank you much for your time and consideration. Travel sold take That's all I have. Those comments were not received in time to be put online. So that's why they were read this at the meeting this evening.

Thank you, Richard. Is there anybody else that is for this? Seeing and hearing none, is there anybody opposed to this? Seeing and hearing none, I'll now close the public hearing portion. Go back to the board. Are there any additional comments or questions for members of the board? Seeing in hearing none, Richard, would you read the findings of facts? Yes. So, I'll read the front page, then just highlight the numbers on there and then um read the rest towards the end of it as it pertains to this particular variance. Brookie Brookkins County Zoning Variance 2025 variant 005 and application for variance have been filed with Brookkins County Zoning Commission acting as a Brookings County Board of Adjustment. Copy of the application being attached here too. Such application be made by Julie Johnson regarding the following royal property. Lots A and F of lots A, B, C, D, E, and F about lot B of TWA T twazer subdivision within Lake Ponet Heights. All in government lot three of section 5, Township 112 North, range 52 West, Lakeon Township, located at 127 South Lake Drive, Arlington, South Dakota. After due notice, a public hearing haven't been held on the application on the second day of December, 2025. Number one. Number two. Number three. Number four. Number five. The Brookkins County Board of Adjustment further determines and condition this variance upon the following special conditions or safeguards. A. A Lake Ponidai subdivision was platted on May 12th,

1922 and replatted on February 21st, 1986 at the request of property owners at that time. B. The house was built in 1928 prior to the current Lake Park zoning ordinance setback requirements. C. The property met the FEMA requirements for a letter of map amendment ALMA for the structure of the residence to be removed from the flood plane on December 23rd, 2008. D. The residence with a proposed 24x 25 addition on the front side away from the lake meets the 8ft side setbacks and the front yard 25- foot setback from the road. The Brookings County Board of Adjustment by at least twothirds vote of its full membership hereby grants the petitioner variance for the above described property as follows. Build a 4ft x 5 foot entry stoop deck 4 feet from the east property line, a variance of 4 feet and 30 feet from the highest known water elevation, a variance of 45 45 ft for a new entrance to the house. 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 Brookkins County zoning ordinance. If approved, the Brookkins Countyy's zoning director is authorized to issue any required building permits for construction consistent with the terms of this variance. If this variance is not used within three years of the date granted, it shall be invalid. Dated the second day of December, 2025.

Are there any additions or corrections to the findings of facts? Mr. Chair, I find that this application meets the requirements of the zoning ordinance as long as the findings of facts are followed. So I concur with the findings of facts. Thank you, Mr. Jensen. That being said, Richard, would you call a vote? Neil Troyan, I. Randy Jensen, yes. Kyle Vander Kelly Vanderwal, hi. Cody Clark, hi. Dale Stohog, hi. Daryl Klein, John, hi. Kyle Vanderwal, I Mark Joinby, yes. Chad Ford, I. Motion passes.

Moving on. Agenda item. Oh, excuse me. We'll send you your original copies and you can come in to get your building permit tomorrow if you'd like. So, thank you.

Moving on. Agenda item 2025 CU008. Dan Akerwald has made an application 2025 CU008 to the Brookings County Board of Adjustment for a conditional use permit article 4 district requirements chapter 4.01A agricultural land district section 4.01.04 conditional uses number 24 sand gravel or quarry operation mineral exploration and extraction rock crushers and concrete and asphalt mixing plants. The property is described as the west half of the west half of the southwest 1/4 excluding the north 191 ft of the west 456 ft and H-1 in section 25 township 109 north range 50W Mader Township located at 471229th Street Brooking South Dakota 57006. Is there a motion?

So moved. Motion by Troy. Is there a second? Second by JSON.

Richard, would you read the staff report? You need to read slower. Sorry. All right. Here we go. Or I need to type faster. One of the two. 2025 CU008 Dan Akaroid Aarwald is applied for conditional use. Article 4 district requirements. Chapter 4.01 01 egg used agriculture district section 4.01 conditional uses number 24 sand gravel or quarry operation mineral exploration and extraction and rock crushers the material will be mined and processed crushed on site would be like and he would like to be able to haul in used concrete to store and mix to crush and mix with the used gravel and as an as needed bases Mr. Akerald Akerald is digging ponds for his fish and bait farm and selling the mine material. The property is not in the flood plane, but it is on zone B of the A for materials map. The ponds will be 10 to 15 ft deep with a 4:1 slope around the edge for the ponds for safety. BMS will be constructed around the outside perimeter of the mining area and the hours of operation be 6:30 a.m. to 6:00 p.m. Weed and dust control would be applied as needed. The proposed mining would be for 10 years. When mining and reclamation is complete, the ponds will be used for his fish and bait farm. The applicant is will use a mining contractor to mine the gravel. The applicant does have a mining permit from the South Dakota Department of Agricultural Natural Resources, which is on file. The entrance and exit to the site will be off 219th Street, which is also known as Brookings County Highway number 22. The applicant was approved for conditional use 2023. CU 003 for mining, conditional use 004

for crushing and 005 for crushing of concrete on March 7th, 2023 for the east half of the west half of the southwest one quarter of section 25 township 109 north range 50 West Madary Township for for the east 40 acres. He has applied for a notice to intent to mine with the South Dakota Department of Agriculture and Natural Resources Resources for the proposed location and would be like to continue the same operation on the west 36.48 acres. Letters were sent to the joined landowners, the Maderi Township Chairman and Clerk and the Brookings County Highway Department. Letters were published in the Brookings Register on November 18th and 25th, 2025. Here is the applicant's conditional use application. Here is his site map. This is existing what he's existing mining that he has done. This is a proposed mining on the This is the east half. This is the west half. This is his business plan. is hours of operation. The depth slope. This is a proposed west or is proposed for the proposed mining. This is old 77 here which is also known as 471st Avenue. This is or otherwise Brookings County Highway 77. This is 219th Street, Blacktop County Road, also known as Brookings County Road 22. Just looking from the northeast northwest corner of the property looking towards the northeast here. This is looking down towards the southeast from the northwest corner towards his building site and existing ponds.

This is looking from this intersection of 219th and 471st looking back to the northwest northeast, excuse me. This is looking east along 219th Street and 471st. This is looking down to the proposed uh looking north from 219th down the proposed mining area. All hay and grass field. This is the main entrance that will be used for hauling the gravel in and out 29 219th Street. Nice wide driveway. You can see um no hills or anything, so a nice even good vision coming out of the driveway. So that's what all that all that I have and the applicant is here this evening.

Thank you, Richard. With the applicant, please step forward and clearly state your name into the mic. Good evening. First, thank you Rayan and Richard and probably Robert for your help getting it this far and you gentlemen for hearing it. My name is Dan Akold. I'm with King Fisher and uh yes, we're applying. We just like to improve our wintering ponds for aquaculture use and be able to sell the material that comes out to help offset the cost of constructing those ponds. Okay. Do you have anything to add to Richard's report? Yes. You have you have something to add to what he Oh, no. I'm sorry. Nope. I've read it. Yep.

Okay. Is there any questions for members of the board at this time? you go back to your

maybe I'd say something too. There's a there's a field approach there, a couple field approaches on 471 and I know uh Richard had the primary use being uh on off 219. Um, you can see where the the two aggregate piles that the kind of the trail back to 471 would be an area we it's a pretty it's a fairly I wouldn't say steep, but it's it has enough incline where we'd like to just improve that access site. I don't know if in the future material could potentially leave there or not, but that would be something that we'd like to consider if if those field approaches have been improved to the point where that would be a viable option. So, Okay. Do you have anything else to add to Richard's report or

I do not. Okay. No questions from board. Right. You can go back to your seat for a minute here. Uh we'll move to the public hearing portion. Is there anybody in the audience that is for this? Seeing and hearing none. Is there anybody in the audience that is opposed to this? step forward and clearly state your name into the mic, please.

Good evening, Brad Nelson. I've got the property on the corner immediately south of where this is going to be going on. Um, I'm in favor of the sand being reclamed from there. I'm a little concerned about this rock crush, well, not the rock crusher part, but the concrete crushing. I don't know where the concrete's going to come from that's going to be crushed on the property. But if there is rocks out there, he's going to have to crush them up or get them sold. So, I'm not offended about that. I just don't want concrete being hauled in to be crushed there. But, as far as the sand being reclamed to 10 foot uh deep holes, I got uh Sandp Point 10 foot's not going to bother that. And I talked to Dan. is going to have the ponds where the photo is. It's going to be over to the to the north more. I'm more in that curb over there in the upper right side. So, I don't have a problem with that. There's plenty of sand there to siphon the water before it gets to my house. So, my main concern there would be the depth of the ponds, but that's been clarified at 8 to 10 feet. No problem with that. I'm down 17 feet with my sand points, but the rock or the concrete crushing is where I'm that would be my only concern at this time, I guess. Okay, that's about all we got for that there. Is there anybody uh any questions for him? Not at this time. We might call back on you there, Brad. Pardon me.

We might call back on you if we got some more questions there. So, very good. Thank you. Is there anybody else in the audience that is opposed to this? Seeing and hearing none, we'll now close the public hearing portion. Are there any additional comments or questions from members of the board? Dan, would you step up here for a second? Just so we're aware here, what is your intention on crushing concrete?

Yeah, so that's a good question and and uh Brad and I had a chance to visit and I have very little intention to crush concrete when Richard and I talked. Um, you know, we kind of just lumped it all together. There's not even a lot of rock to the best of my knowledge out there to be crushed. I think it's primarily sand and small rock. Um, realistically, I have very little intention of crushing any rock or any concrete. Uh, I think that the best use of that material is to be sold as pitrun material. Um when we went through the per permitting on the other piece, we had just applied for everything just should uh I think the main thought would be is if we had a pile of material up and there happened to be a roadway project coming by or somewhere in the area that that material wasn't meeting engineering specs to crush enough material to remove the pile in a timely fashion. Um, I guess that's what that's what our intent was in doing it. There's not a great spot to put material and certainly uh I wouldn't want to probably look directly out of Brad's place and see it right in that open lot. We plan to keep that as grass. So really other than the aggregate sites there, I don't see any place to really put concrete either. I'm not excited about the idea of hauling it on there. I guess it got just put into the application pile under a, you know, under a potential uh need for engineered fill in the future on something close by. So,

okay. I guess that being said, is there any other any additional questions from members of the board? Seeing none, I guess Richard, would you read the findings of facts? Yes, I'll read this through in its entirety and we can remove items as we proceed. We can take the concrete out of there and we can leave the the crushing of your mine material if you need to, but we can take the um if the board would like or if you would like us to remove that, we can take the crushed concrete hauling of the concrete out of there and we'll go from there. So, sure. To be clear, did I hear that right? We're gonna remove that portion of it.

If you would like if you would like that removed,

I would I I would prefer to keep it, but I also want to be respectful of Brad's desires there. And we have some room on the existing acreage that I believe had been potentially granted on our last one that could be utilized maybe, but I want to be respectful. Well, it's I I made a visit to all of our neighbors here after speaking with Richard and and certainly just want to be respectful even if we're granted licensing to do things. I want to make sure that our primary intent is to respect the neighborhood, keep it quiet. It's already a busy spot with trucks for us uh the way it is. And I think our intent would be to not utilize that. And at the same time, I'd hate to have a deal come along where we could, you know, move the whole pile under a very, you know, a small window of crushing opportunity. I wouldn't want to see a pile building and just hanging out there to be used at some random time in the future. It'd be very specific and very conditional for us to even probably go forward with using it. So, I don't know how hard it is to go back through the permitting process if that would be the case. But I guess I would love it to if if Brad, you know, thought about that or or even like I said, we have a a potential spot where we could on the other side if that was a little farther from the homestead. But like I said, my intent I hope we don't even have to crush it. We have a we have enough other interests going on where I don't want to be in the middle of that. I just would like to see the sand move and the gravel move. And I think that's more than likely what'll happen. But I also am going through the process and if it's something that's you know reasonable within, you know, or if Brad would like a conversation before we even started anything, I'd be more than happy to consider all these things. So I guess you guys can tell me your comfort level on proceeding with it as it is versus maybe removing a part of that and I think I'd be pretty open to all of it.

Okay, we'll get to that part, but you could still haul in concrete and crush on your East 80. Okay. still allowed to do that. That does not take This does not take that away. Yep. So, if he does bring that in, he can still haul in concrete and crush it on the East 80. Just so you're aware of that, Brad. Yeah. And it's it's it's a small space there that we could reserve for the ability to do that. And maybe we would just to just to keep that option open whether it ever happened or not. Like I said, I prefer it to not even happen myself. So,

um, I'm okay with removing that if if Brad feels good about it or if we end up leaving it. I would I would only advance with, you know, Brad's permission under very circumstantial, you know, events to to do something. So, I guess however uh you you felt it would be best Brad was comfortable, that's what I'd be comfortable with. Go through and read it. We'll leave it up to the board here and for their final decision if they want to grant you that ability to still crush and haul in concrete there. That's up to the board. Yep. So, we'll read it and we can make the changes as we go. Yep. Very good. Thank you.

Brookings County Zoning Commission Conditional use 2025 CU008. An application for a conditional use having been filed with the Brookkins County Zoning Commission acting as the board of adjustment. Cop the application being attached here too. Such application being made being made by Dan Akerald regarding the following rural property. the west half of the west half of the southwest 1/4 except the north 191 feet of the west 450 ft and H1 of section 25 township 109 North Range 50 West Madary Township located at 47122 219th Street Brooking South Dakota 57006 after due notice a public hearing have been held in the application on the second day December 2025 number one the Brookings County's zoning commissioner hereby finding that is empowered to grant such conditional use on the following sections of the Brookkins County zoning ordinance. Article 4, District Requirements, Chapter 4.01, Agricultural District, section 4.0104, conditional use permit number 24, sand, gravel, and corey operation, mineral exploration, extraction, and rock crushers. And further finding that the granting of the conditional use would adversely affect the public interest. Number two, the Brookings County Zoning Commission further finds that the certifies that the following specific rules governing the conditional use have been complied with none stated. Number three, the Brookings County Zoning Commission further finds that satisfactory provisions and arrangements have been made concerning the following application practicable. A entrance and exit to the property and proposed structure in particular particular reference to automotive and pedestrian safety and convenience, traffic flow, control and access in case of fire or catastrophe. Truck entrance will use the entrance off 219th Street on otherwise County Road uh blacktop number 22. Um, the only way you would be able to use an

entrance off of 471st Street, County Road 77 would be if you got a driveway permit and permission from the county highway superintendent. There's limited access for so many driveways over so many feet on there. So, um you can maybe get one, probably not two accesses on there, but um what was put on there? If additional access is required on US on 471st Avenue, County 77, driveway permit from the Brookings County Highway Department would be required. Mr. Chairman, could you uh let Luke Mueller speak, please?

Luke, you want to chime in something here?

I do. This is probably a little bit early for this point. It sounds like you took care of or you may be taking care of the question on hauling in materials on hauling in materials for uh crushing, but I would recommend that that not be allowed in in the part that he's uh requesting here and just only allow in the previous permit. The other point that I wanted to make is that I think that his site plan indicates he doesn't intend on mining anything in that south 200 feet. Um, but you do have a 200 foot setback in your ordinance on that property line. So, you probably ought to have a condition that says that no mining can occur in the south 200 ft of this property without a written affidavit consenting to it from the neighbors to the south. We have that stated later on in the findings, Luke.

Dog got it. I got ahead of it then. No further comments.

All right. Additional access 471st Avenue would require a driveway permit from the Brookings County Highway Department. B. The off- streetet parking and loading areas were required with particular attention to items and a above economic noise glare and other effects in of the conditional use on adjoining properties and generally in the district. No on street parking, no parking of equipment or storage of fuel or oil in the mining area. Separate parking lot and storage area for fuel, oil and equipment with containment to be 300t away from the min or actively actively mined areas. C. utilities, refuge and service areas with reference to locations, availability and compatibility. Dumpster service required for garbage disposal. D. Screening and buffering with reference to type, dimensions, and character. Maintain an outside perimeter bmss as per site plan with a 4:1 slope. Top of the burm being 10t in width and silt fence installed around the burm or the perimeter of the mining area until grass is established to prevent erosion. Perimeter of the mining area to be fenced in. E signs if any proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district. 32 square foot square foot sign allowed and any other required safety signs. F required yards and other open spaces. Spraying of all notches weeds and other weeds before they go to seed. Monitor weed growth and weed control by spraying, mowing, tilling by the permit holder or designated professional sprayer service. Weed control is present to South Dakota coded by law 38-22 and would be inspected two times a year for weed growth and weed control by the Brookings County weed supervisor. G. General general compatibility with all adjacent properties and other properties in the district meets the comprehensive

comprehensive plan 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 government governmental unit regarding the upgrading and continued maintenance of any roads used for the conditional use request prior to the issuance of a conditional use. Brookings County Blacktop Road number 32, otherwise known as 219th Street, meets the transportation demands of the conditional use. We'll also add in here Okay. Meets the transfer of demands of the condition to use. Um I any required notification to law enforcement or the fire department. Notification of Brookings County 911 or the Brookings County Emergency Management of any hazardous material or chemical spills. J. Any safety requirements? Any safety inspections? Any inspections required by the South Dakota Department of Agricultural Natural Resources or any other agency, state agency for gravel mining. Number four, Brookings County Zoning Commission further determines and conditions this conditional use for pit upon the following additional special conditions or safeguards. A setbacks mining setback to be 50 ft from the property lines. Number two, a 100 ft setback from any public rightway. Number three, 200 foot setback from any residents. B, follow Brookings County Ordinance

Chapter 4.06, aquafer protection performance standards in section 4.0606. C. Fuel storage with containment to be 300t away from any mined or actively mined areas. D. Dust control such as magnesium chloride or like products in the driveway, entrance, exits, loading areas as required. D. Dust control processing, crushing, and screening gravel. F. Hours of operations 6:30 a.m. to 6:30 p.m. Monday through Saturday. G. South Dakota Department of Agricultural Natural Se Resources mining permit required and on cop and a copy on file with the Brookings County Development Office. H. Reclamation plan, mind area to be used for fish ponds and pro pro mugula pro whatever that 10-centent word is prmugulation conditional use for balance for 10 years which is which this will run it's the same time as expires the same time as your other one make it all easier uh would expire on March 7th 2033 or when the gravel resource is depleted Unless there's some reason you want this one to hang out there a little extra, I just put them all at the same date. That way, if you get done with one, you'll probably be done with the other one. So, the Brookings County Board of Adjustment needs a majority approval of the members present to grant the above petitioner conditional use for the above described real property as follows. Conditional use number four, mine and crush gravel on site. This we can subject to you what the board would like to do and the applicant haul and use concrete stockpile and crush to mix with crush gravel on an as needed basis. This conditional use permit is specifically conditioned on initial and continuing 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. This conditional use permit is not used within 3 years of the date granted. It shall be invalid dated the 2nd day of December, 2025. Does anybody want to do anything with the concrete crushing? Take that part out and you can do it on the west half or leave it or it would be the east half. Be the east half. Okay. Yes.

You all right with taking that out? You think we should take it out?

If you want to take that out. Okay, we'll remove that part. Are there any additions or corrections to the findings of facts? Thank you, Mr. Jensen. That being said, Richard, would you call a vote?

Randy Jensen, yes. Kelly Vanderwal, hi. Dale Stohog, hi. Cody Clark, hi. Daryl Klein, John, hi. Kyle Vanderwal, I Mark Drawby, yes. Neil Troyan. Hi. Chad Ford. I. Motion passes.

Moving on. Uh, department reports. Yes, sir. The first thing, next year's election falls on our meeting night. We would like to move the election date since we have a commissioner on our zoning board who's going to be more concerned with election than zoning matters more than likely. We would like to get the board's opinion to move the meeting. What was the date, Richard? Thursday or the following week? I believe it would be the following Thursday for both the June meeting and the November meeting since there's elections on both time both days,

right? And also the other possibility removing the December meeting um from Tuesday to Thursday when we hear when the uh night the when we hear they have the egg appreciation banquet if it's on Tuesday. So the board would be able to go to that. You know, that was a goat rope because most of you would have been at the egg banquet and my I would imagine I would have been there. So, and then um the next thing county commission just wanted us to remind everybody to stop at stop signs, especially if you're driving big trucks. We have had deaths in Brookings County in the last six months and we've had several accidents. So, the sheriff did remind us this morning that um stop sign is not a is not a recommendation. It means you need to stop. So, and other than that, have a merry Christmas. Happy New Year from the county commission. They appreciate your time that you dedicate to Brookkins County. That's all I've got. Richard,

um, we need to select a nominating committee for slate of officers for our January meeting coming up.

One of them's got to be Pollson. He's not here. That that that sounds good. There there's half of the committee. Anybody else want to volunteer for it? Somebody else wrong. Kyle, you getting bashful. Somebody pick.

Thank you, Kyle. Tim and Kyle. Isn't that the same two we had last year and the year before? Consistency. It's what we're going for. That's all that I have as of this time. We don't have anything for our January. We would We would like to give Luke Mueller a chance to speak if you don't mind sharing. Luke, do you have something you'd like to add? Just nothing to add. Just have a good Christmas.

Thank you. Thank you, sir. So, if there's nothing on their agenda items, we still may we will we will still be meeting, but we'll probably have some training or looking at our ordinance, some possibly ideas to update certain sections of it. So, we will we will still be meeting in January. Okay, that it for that's all that I have. No need for executive session. Sounds great. No need, sir. Is there a motion to adjurnn? Motion by Clark. Is there a second? Second. Second by Jensen. All in favor? Meeting adjourned.