Planning & Zoning - Regular Meeting

Welcome to the February 6, 2026 joint Brookings County.

February Febru Oh, February 3rd. Y sheet with the wrong stuff on it. Working. Anyway, the joint Brookings County and City Brookings Planning Commission meeting. The meeting is being recorded, televised, and viewable on Swiftell Channel 19, ITC channel 168 or the Brookings County YouTube channel. I'll call the meeting to order. You can call the city to order. Thank you. to uh call the city side to order, please.

And do I hear the approval of minutes from the county? So moved. A motion, a second approve minutes. So move. Second. All in favor? Second.

Okay. Second. Vote from the county. I. All in favor? I Okay. Any items to be added to the agenda? I have none. Nothing from the city. We have approval of the agenda from the county. So moved. Second. All in favor? I a motion a second to approve the agenda city side. So moved. Second.

All in favor? I

and we'll convene as the Brookings County and City Planning Commission. Planning Commission of the Brookings County of the County of Brookings and the city of Brookings consist of both Brookings County Planning Commission and City of Brookings Planning Commission members. The conver concurring vote of the simple majority of those of the planning commission board members present and voting is required to forward a recommendation to the Brookings County Commission and the Brookings City Council for final decision. Um, we have a review and discuss a possible update to the joint jurisdiction zoning ordinance. Yeah. Thanks, Chairman Klein. John. Yes. I'm just meeting tonight to um probably coming up here in the April meeting. Um we're going to we look overview. We need to update our notices that are in the current joint jurisdiction ordinance. The county at that time had a 14-day public notice. Since this time when this ordinance was adopted, the county has updated their ordinance and updated their noticing to 10 days to follow state law. So, we're going to update the joint jurisdictional ordinance. So, it's the same as the county ordinance with the 14-day public or excuse me, 10day public notice. And then if there's anything else going through there, if the city has anything or if anything else we see on the county side, we'll do it all at one time. But just for to start with for right now, this is what we were planning on doing and we'll review it and look over and we'll discuss between our department Mike's and if there's

something more we need to add, we'll have a discussion for it in the U April meeting. we'll have a discussion possible action on the item at that time depending if there's nothing else found. So, um I just want to bring you together to give you a little notice to be thinking if there's something that you like to bring ahead for discussion, possible change or update um at that time, but um on either board. So, um that's all that I have. Mike, do you have anything to add? I guess the only other thing I'd add is are there any items that you're aware of um that you would like to bring put on the table tonight for people to be start thinking about or discussing that you would like to see changed in that joint jurisdiction uh zoning ordinance? anything that over since we adopted it a few years ago that you felt we were missing um we maybe didn't get right or that need to be adjusted to keep up with uh current trends that we're seeing within that joint jurisdiction area or any concerns you see with the existing ordinance that you would like us to start working on addressing. looks like a unanimous uh no one's talking at the at the same time here. So, but if you do think about it, let Mike or myself know and we'll take it in and get working on it and um we'll go from there until the the April meeting. We won't meet in March because our meeting is going to be on Thursday this year because of the town and townships meeting on the first Tuesday of the month and your meeting will still be on Tuesday. So, we decided to make our next meeting the joint meeting during at the April meeting. So

I think as Richard mentioned, if there are some ideas that you have, please reach out to your respective staff liaison um and pass that along so we can u make sure that at that April meeting we have, you know, things ready for discussion prepared or even some proposed changes that you could look at and consider. Well, if that's it, do I have a motion to adjurnn from the county? Second. All in favor? I motion uh to adjurnn, a second on the city side.

All in favor? I We are adjourned. We will get the county meeting going about five minutes here when we get re reset up here. will let you know a minute beforehand. Thank you.

Morning commission meeting is being recorded, televised and viewable on Swiftel channel 19, ITC channel 168 and the Brookings County YouTube channel. We will call the meeting to order. Do we have approval of minutes from the last meeting? So moved. Second. All in favor? I I Any items to be added to the agenda by commission members or staff? None by me.

I have none. Invitation for citizens to schedule time on the commission agenda for an item not listed. Seeing none, disclo disclosure of conflicts of interest relationships to applicant or exparte communication. Seeing none, can we have an approval of the agenda? So move second. All in favor? I I

this time we'll convene as the Brookings County Board of Adjustment. We have that sheet right here. Board of adjustment is a nine-member board which has the power to hear requests for variances conditional uses appeals from non-ministerial decisions of the zoning officer. A concurring vote of twothirds of the full board membership of the board, which is six votes, is necessary for approval of the variance or an appeal of the zoning officer. A concurring vote of the simple majority of the board members present and voting is necessary for approval of conditional use permit. In accordance to Robert's rules of order, we require a motion to approve the 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 it by the state shall authorize variances from the zoning requirements where special conditions exist on land will result in unnecessary hardship for the applicant. Financial disadvantage of the property owner shall not constitute proof of unnecessary hardship. Okay. 2026 variance 0001. Theland Farms Incorporated by Nathan Thelen has made an application

2026 variant 001 to the Brookings County Board of Adjustment for a Variance Article 4 District Requirements Chapter 4.01 Agricultural Land Districts section 4.01.05 05 area regulations and easements. The property is described as a northeast quarter except H1 and H2 of section 21 township 109 North Range 48 West Parnell Township located at 21717 South Dakota Highway 13 Elton South Dakota 57026 Six

motion. Do we have a motion? I'll make that motion. Troyan second. All in favor? I I already

All right. All right. 2026 variant 001 Tan Farms, Inc. by Nathan Telin has applied for a front yard variance for a 10x10 100 foot tall grain leg to be 40t from the rightway right away. A variance of 10 feet. Also, a 20 by60 cement loading pad would be five feet from the leg on the west side and 15 feet from the rideway on the east side. A variance of 35 ft. The required setback is 50 ft from the rideway for an agricultural structure. The applicant was granted variance 2008 variance 016 on August 5th, 2008 for the existing bins to be 33 feet from the rideway. The bins were built 15 ft from the right ofway, 17 farther back than the variance was approved, which is good. The farmstead bin site is located along South Dakota Highway 13. The rideway is 100 ft from the center of the road. Uh the main farm driveway is 180 ft north and the south driveway is 650 ft to the south of the proposed grain leg and unloading pad. Public notices were published in the Brookings Register in January 20th and 27th, 2026, and the Elton record on January 22nd and 29th, 2026. Letters were sent to the adjoining land owners and the Parnell Township chairman and clerk. There is the variance application. This is the site plan. This is the bin existing bins that are there 50 feet from the rightway. This is the drier location right here. This is

the grain grain leg would be 10 ft out from the bin. And the low loading augers would be approximately um they show 20 ft, but that's the entire length of the augur down in the pit to the to the green lake. So um visiting with the contractor and the and the applicant roughly be about closely 5 ft between the leg and the edge of the cement. Um then go from that over be 20 ft. So, uh, the east edge of this pad would be 15 ft from the rideway. And also at time, um, not necessarily now, but in the future, uh, they would like to add, um, pour the infrastructure there for a bulk overhead loadout bin above the unloading structure. So, um, that would be ready to go in a few years when they get ready to add that, they could go ahead and do that without having to come back to the office for a variance at that time. This is a beacon map of the bin site. This is the north driver here. I'll have a little better pictures in my uh PowerPoints. This is the drier bin leg would be right here. Um, this is where the proposed pad would be right in this area, 15 ft from this rightway. You can see it's located on the curve. It's a 100 It's a 100 foot rideway from the center on either side. So, the Highway 13 has a 200 foot ride ofway from edge to edge. As you can see, the road gets farther away as it curves to the east. So, the bin site is um and the driveway is farther up north. the line of sight would um would not be an issue there. And the other driveway is down to the south farther about 600 ft.

This is coming off Highway 13 looking into the bin site into the farmstead. This is looking towards the southwest where the bin site would be. This is the drier and grain leg would go up in front of that there. This is looking south from the driveway. This is where the proposed grain leg 10t out from the from the bin. This is about where the grain leg would go. This would be the edge of the um the grain leg. This would be looking towards the north. This is looking south. This would be the east side of the cement pad for that. So this would be the very east side where the wheel is. This is just looking from the ditch of Highway 13 back towards the bin site where the proposed pad pad would be flush to the ground or up or very little above that. So um that's all that I have and the applicant is here this evening. Could the applicant come forward and clearly state your name into the mic?

Nathan Talin.

This time we'll open the public hearing. There's five minutes per person. Um, any proponents want to speak to the issue? Seeing none, any opponents, this time we'll close the public hearing. Any comments from the board? Could you read the findings of facts? Yes. I'll read these in entirety this time and if there's more this evening, I'll just read the highlighted areas on the the other ones. All right. Brookings County zoning variance 2026 variant 001. 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 being made by Theelon Farms by Nathan Theeling regarding the following rural property. Northeast 1/4 accept H1 and H2 of section 21, Township 109 North, Range 48 West, Pornell Township, located at 21717 South Dakota Highway 13, Elton, South Dakota, 57026. After due notice of public hearing having been held on the application on this third day of February, 2026. Number one, the Brookings County Board of Adjustment hereby finding that the strict application of the Brookings County Zoning Ordinance would produce un undue hardship. That such hardship is not shared generally by other properties

in the same district in the same vicinity. That the authorization of the variance will not be substantial detriment to the adjacent property and the character of the district will not be changed by the granting of the variance. that the granting of s such variance is based on reasons of demonstrable and exceptional hardship and as distinguished from variations for the purpose of convenience, profit and caprice. Number two, the Brookings County Board of Adjustment further finds that the condition or situation of the property concerned or the intended use of the property is not so general or reoccurring of nature as to make reasonable practicable the formulation of a general regulation to be adopted as an amendment to the or zoning ordinance. Number three, the Brookings County Board of Adjustment further finding that the written application of the petitioner demonstrates that specific conditions and circumstance extenses exist which are procured to the land, structure, or buildings in the same district and that literal interpretations of the provisions of the Brookings County Zoting Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. that the special conditions and circumstances do not result from the actions of the applicant and 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. Number four, the Brookkins County Board of Adjustment further finding that the reasons set forth in the application justify the granting of the applicant of the variance and that the variance is a minimum variance that will make possible the reasonable use of the land, buildings or structures 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 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 and safeguards. South Dakota Highway 13 has a 100 foot

rideway. South Dakota Department of Transportation does not object to the variance request as long as it is not as long as it is located outside of the rideway. B. The farmstead driveway is 180 ft north and the south driveway is 66 650 ft south of the proposed grain leg unloading pad. The Brookings County Board of Adjustment by at least twothirds vote of its full membership hereby grants the above petitioner or variance for the above described property as follows. Build a grain leg with a 20 by 60 and loading cement pad and future overhead bolding bin with the edge of the cement pad to be 15 ft from the right ofway of South Dakota Highway 13. This variance is specifically conditioned and upon initial and continued compliance with all the conditions and safeguards and five above and upon compliance with all applicable provisions of the Brookings County Zoning Ordinance. If approved, the Brookings County Zoning Director is authorized to issue any required building permits for construction consistent with the terms of this variance. If this variance is not used within three years of the date granted, it shall be invalid. Dated this second day of fe should be third day of fe got my numbers mixed up. Third day of February, 2026. Okay. So, just a clarification question on this. Are we voting on just the leg and the pit and not the overhead bin or

No, the overhead bin is included with this. Okay. So, he if we approve it, he won't have to come back to get a variant separate for that. Correct. Yep. He'll pour the infrastructure when they pour the for the overhead bin if they need, you know, pillars going down. That'll all be done at that time. But it could be 5 years when he decides to do that and he can do that at that time because the leg and the pit would be done within that three-year time period. As long as

Yes. As long as part of it is started. Correct. Any other comments or questions from the board? 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. Can you call the vote? Yes. Kelly Vanderwal. Hi, Tim Pollson. Hi, Cody Clark. Hi, Justin.

Hi. Kyle Vanderwal. Hi. Neil Troyan. Hi. Randy Jensen. Yes. Daryl Klein John.

I motion passes. There. We'll send you the findings, the facts, and the approved variants. So, you can go ahead and and um check with your bid man if you need things to get ordered. So, thanks. Thank you. 2026 variance number two, Doug R. Oess has made an application 2026 variance 2 to the Brookings County Board of Adjustment for Variance. Article 4, District Requirements, Chapter 4.03, Lake Park District, Section 4.03.03, Density, Area, and Yard Regulation. The property is described as the west half of lot 10 and lot 11 and the east half of lot 10 in the Marvin Wade second subdivision in the northeast quarter of section 6 township 112 north range 52 weston township located at 278 South Lake Drive Arlington South Dakota 57212. Do we have a motion?

I'll make motion. Second. Who made the motions? Did you get that? Who made the motions and second it?

Clark move moved and degrroot. Second. Okay. Do we have a staff report? Yes. 2026 variant 002 Doug Austin has applied for a lakefront variance to build a 21T4 in wide by 37'4 in long attached garage with a 14 ft sidewall 25 ft from the highest snow and water elevation, a variance of 50 ft. The required setback is 75 ft from the highest snow and water elevation. And he will meet the front yard and sideyard setback. The proposed uh the front of the proposed attached garage be even with the residence and then the attached garage be used for storage and we use the existing driveway for access. Uh the existing residence now has a singlecar garage and the house and the proposed attached garage are located on a buff above above bluff above the lake. The house has been removed from the flood plane with a letter of map amen amendment alma by FEMA as it met or exceeded the requirements to be removed from the flood plane. Things to consider are the shape and the size of the lot and the Marvin Wade subdivision was platted on October 26th, 1955. Public notices were published in the Brookings Register on January 20th and 27th, 2026 and the Bolga Tribune in the Arlington Sona January 22nd and 29th, 2026. Letters were sent to the adjoining land owners adjoining land owners the Brookings County Highway Department and the Lake Township chairman and clerk. Here is his variance application. This is the site plan attach here with a breezeway attaching that right there onto the house. Lake is out back this way. The current garage is a 36 feet. So it' be about four feet not quite four

feet longer than existing house. It wouldn't stick out any would stick out less than what is exist existing deck is there. So this is a beacon map. This the red area showing the flood plane. This is where the proposed garages would be located. Uh this is uh would be the west half of lot 11 I believe or lot the west half of lot 10. Um this is lot 11 and the east half of lot 10. So and he does own this lot over here too. This is um powerpoint just looking down South Lake Drive towards the west. This is looking in towards the towards the lake residence. There's a single car garage. This is where the proposed garage would be located. Right there with the um ice house camper is located. This is looking towards the east. Big wide open driveway. Clear vision right there. Um this is at the south end of the property at the property line where the stakes are um right here. And the other one is right in the middle of that wheel on the on the other side of it. So, um, if you want to bend down and look behind the wheel, you can see the stake in there that the surveyor pounded in. This is looking from the lakeside. This is where the highest snow and water elevation would be. Um, with terrestrial, uh, they measured that for the years of living there and the neighborh. They've lived there quite a while and they knew where the highest known water mark was. So they measured that and this is where the highest known watermark is on the from the highest known water level. Looking back, this would be the north edge of where the proposed garage would be and this would be 8 ft from the house.

This is looking up on the east side would be the west side of the proposed garage. You can see quite the elevation difference there from the lake shore going up. This would be looking north towards the lake. I'm just showing the elevation going down there. This would be looking towards the east along the shoreline. The wheel is just there. The edge of the garage would be right in this area um for that. This is looking towards the west. You can see the other properties stick out farther than what his were. His will garage would be inside that, not affect the line of vision looking up and down the shoreline. Um, this would be the southwest corner of the proposed garage right here looking towards the north. This would be same right here looking towards the south side of the house. A lot of fire foot fire pit wood for the upcoming summer in a couple years. So, um, that's all that I have and the applicant is here this evening. So, if the applicant could come forward and clearly state your name in the mic.

Um, my name is Doug Ostus. You have anything to add to the staff report? Uh, no, I don't think so.

At this time, we'll open the public hearing. Any proponents to the issue hearing? Seeing none, any opponents to the issue? This time we will close the public hearing. Any additional comments or questions from the board? Can we go over the findings of facts?

Yes. I'll read the first page in it entirely and then the other items I'll just notify or note that when I'm there I won't read them because we read them earlier at the first one. So, Brook Brookings County zoning variance 2026 variant 002 an application for variance having been filed with the Brookkins County Zoning Commission acting as a Brookings County Board of Adjustment. Copy of the application being attached here too. Such application being made by Doug R. Ostus regarding the following rural property. the west half of lot 10 and lot 11 and the east half of lot 10 all in Marvin Wade second subdivision in the northeast 1/4 of the section 6 township 112 north range 52 weston township located at 278 South Lake Drive Arlington South Dakota 57212 after due notice of public hearing have been held in the application on this third day of February 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 Marvin Way second subdivision was planted on October 26th, 1955. B. Property met the Freeman requirements for letter of map amendment lma and the structural residence to be removed from the flood plane on December 2nd, 2008. C. The proposed 21'4 in by 37'4 in attached garage will meet the 8ft side

setbacks in the front yard 25- ft set back from the road. The Brookings County Board of Adjustment at least two-thirds vote of its full membership hereby grants the above petitioner variance for the above describable property as follows. A build a 21 ft 4 in by 37 foot 4 in attached garage 25 ft from the highest known water elevation a variance of 50 ft a firewall sheetrock and all sidewalls and ceiling following building fire code installation requirements. This variance is specifically conditioned upon initial and continued compliance with all the conditions and the 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 this 3rd day of February, 2026. Any other comments or questions from the board?

Mr. Chair, I find that this application meets requirements of the zoning ordinance as long as the findings of the facts are followed. So, I concur with the findings of facts. Thank you. Can you call a vote? Yes. Tim Pollson. Hi Cody Clark. Hi Justin Degroot. Hi Kyle Vanderwal. Hi Neil Troyan. I Randy Jensen. Yes. Kelly Vanderwal. I Daryl Fine John.

I motion passes. We'll send you our findings of facts. We do have that other piece of paper for you this evening if you want to pick that up. So, you can come in and get your building permit whenever you're ready. Okay. Thank you. Well, that takes care of everything on the agenda. Other department reports.

Yes, sir. The weather coming up next week isn't quite interesting. Temperatures are going to be all above freezing. So, you're going to have a big mess on some of the township roads, your driveways, everything's going to be extremely softer. They're talking up to 50 degrees in the next 10 days. And uh who knows what's going to happen after that. Just just be careful out there. And um hopefully um something tells me it's not going to stay that warm until May, but I guess we'll just wait and see. County Commission thanks you for your your job as a planning commission. They know you got a got a hard job. And of course, next at the March meeting, we're going to meet on Thursday instead of Tuesday. And that meeting will also start at 7 o'clock. And that's all I got. Richard, do you have anything? Um, no, that's it. We do have um we can discuss this at our March meeting, but we did come back. Luke Luke did get some measurements from other counties and how they do the lake park setbacks from the older lots and newer lots for distance-wise. So that's something we'll discuss at our March meeting. So for possible action later on, but um no, that's all that I have.

That's it, Mr. Chairman for us. Need for an executive session? No sir. Do I hear and journ? So moved. Second. Second. All in favor? Bye. Hi.