Planning & Zoning - Regular Meeting

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 First agenda item approval minutes is there a motion Move to approve motion by Vander wall. Is there a second? second by Clark All in favor? Aye. Motion passes. Items to be added to the agenda by Commission members or staff?

I have none.

You have none. Luke, you ain't got anything for us, right?

Nothing.

Perfect. Invitation for citizens to schedule the time on the Commission agenda for an item not listed. Seeing none. Disclosure of conflicts of interest relationships applicant or ex parte communication Seeing none approval of agenda is there a motion So move motion by Darryl Klein John is there a second second second by Justin the group all in favor aye motion passes We will now convene as the Brookings County Board of Adjustment I The Board of Adjustment is a nine-member board which has the power to hear requests for variances, conditional use, and appeals from the non-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 to approve a request before the request can be debated. As a matter of policy, all motions are made in a positive. The Board, under specific powers granted to it by the State, shall authorize variances from 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. Moving on, agenda item 2026, variant 009. Jeff Goodfellow has made application 2026, variant 009 to the Brookings County Board of Adjustment for Variants, Article 4, District Requirements, Chapter 4.01A, Agriculture Land District Section 4.01.05, Area Regulations slash Easements. The property is described as the southeast one-fourth excluding block 1 Preston Church addition in section 20 Township 112 North Range 51 W Preston Township located at one nine nine eight nine four hundred sixty second Avenue Bruce South Dakota five seven two two zero Is there a motion? Motion by Clark is there a second second second by trying Richard would you read the staff report?

Yes 2026 variant 0 0 9 Jeff Goodfellow has applied for a front yard variance To move in a new ready-built 32 foot wide by 56 foot long house 71 feet from the center of 460 2nd Avenue, which is also known as Brookings County Road number 4. It's a variance of 79 feet the required setback is 150 feet from the center of the road and The existing 24-foot-wide by 52-foot-long house with an attached garage on the backside of the house was built in 1970. It is 85 feet from the center of 462nd Avenue, otherwise known as Brookings County No. 4, prior to the current setback requirements. The proposed new house would be 77 feet from the center of the road, with an attached 6x8 front step or deck, which would be 71 feet from the center of the road. The applicant would like to keep the proposed new house in the same location to be able to reconnect the attached garage that is on the back side of the house. The building site has mature trees, tree grove directly behind the attached garage on the west and the north side. And the south side of the property drops off to a grassy and lowland area. Public notices were published in the Brookings Register on June 23rd and 30th, 2026, and the Vulgate Tribune on June 25th and July 2nd, 2026. Letters were sent to the Brookings County Highway Department with adjoining landowners and the Preston Township chairman and clerk. Here's the applicant's variance application. Here's the floor plan of the proposed new home. Just a little two-foot jut out right here. what it looks like. This is the beacon map with the proposed home over the old house. The red outline is the new house and this would be the step stoop or the deck entry which would stick out a little farther to the house. The 71 feet would be to the edge of this step right here to the center of the road. Existing garage right here that would reconnect to that. There's the beacon map. There's some photos looking south along 42nd Avenue, county road number four along there. This is looking towards the west, towards the existing home. This is looking towards the north. This is where the edge of the new home would be, 77 feet to the edge of the house right there, proposed new house. This is where the wheel would be at to the edge of the proposed deck or steps Entry into the new homes that would be 77 feet from the wheel back to the center of the road And this is just looking from the center of the road back towards the wheel at the 71 feet right there This is just looking the north end of the house. This is on the north end Of the house looking south towards the attached garage with the link breezeway link between them there how they would reconnect that back on there This is looking south from the driveway Goes into a lower grassy area back over here on the south side of these evergreens Same way here just a little bit farther west there That's all they have the law that I have when they applicant is here this evening

Thank you, Richard. If the applicant wants to come forward and add anything or not. Clearly state your name into the mic.

Jeff Goodfellow.

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

I thought he did a real nice job of everything that he showed you and had for you. Putting it there would be reasonable for us to hook the old sewer system up to the new house. If I had to go somewhere else with the new house, that'd be an added expense quite a bit, plus electrical, water, that kind of thing. But thank you, Richard, and thanks, the board.

Any questions for members from board at this time for him pretty good Go back to your chair I'll now move to the public hearing portion. There's anybody in the audience that is for this Seeing hearing none. There's anybody in the audience that is opposed to this Seeing and hearing none and I'll close the public hearing portion. Is there any additional comments or questions from members of the board? I Seeing and hearing none, Richard, would you read the findings and facts?

Yes, Brookings County Zoning Variants 2026, Variant 009, an application for a variance have been filed with the Brookings County Zoning Commission. Acting as a Brookings County Board of Adjustment, a copy of the application being attached here too. Such application being made by Jeff Goodfellow regarding the following real property. Southeast 1 4th except block 1 Preston Church addition in section 20 Township 112 North Range 51 West Preston Township Located at one nine nine eight nine four hundred and sixty second Avenue in Bruce, South Dakota five seven two two zero I have to do notice a public hearing have been held on the application on the seventh day of July 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 such hardship was not shared generally by other properties in the same zoning district in the same vicinity, that the authorization of such variance will not be substantial detriment to the adjacent property or the character of the district. not be changed by granting of the variance, and that the granting of such variance is based on reasonable, demonstrable, and exceptional hardship as distinguished from variation 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 of nature to make a reasonable, practicable 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 peculiar to the land, structure, or buildings in the same district, that literal interpretations of the Brookings County's holding ordinance would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of the ordinance, that the special conditions or circumstances do not result from the action of the applicant, and that the granting of the variance requested will not confer on the applicant special privileges that is denied by the ordinance to other land structures or buildings in the same district number four the brookings county board of adjustment further finding that the reasons set forth in the application justify the granting of the variance and that the variance is a minimum variance that will make possible the reasonable use of the land building or structure and 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 conditions as variance upon the following special conditions or safeguards. A, to be able to reattach the existing attached garage to the proposed new home. B, mature shelter belt to the west and north side of the attached garage. C, south side of the building site drops off to a grass and low land area. The Brookings County Board of Adjustment by at least two-thirds vote if its full membership hereby grants the above petitioner a variance for the above described property as follows. Build a 32-foot wide by 56-foot long new home with a front step deck to be 71 feet from the center of 462nd Avenue, which also is known as Brookings County Blacktop Road No. 4. Okay. This variance is specifically conditioned upon initial and continued compliance with all the conditions and safeguards in five above and upon compliance with all applicable provisions of the Brookings County Zoning Ordinance. If approved, the Brookings County Zoning Director is authorized to issue any required building permits for construction consistent with the terms of this variance. This variance is not used within three years of the date granted. It shall be invalid. Dated the seventh day of July, 2026.

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

Thank You mr. Vander all that being said Richard would you call the vote Dale Storog I Cody Clark I

Daryl Kleinjohn. Aye. Justin DeGroot. Aye. Neil Trojan.

Aye.

Randy Jensen. Yes. Kelly VanderWaal. Aye. Chad Ford. Aye. Motion passes. We will send you these written after your copy in the mail and you can come in tomorrow or anytime you're ready to get your billing permit. Thank you. Thank you.

Moving on agenda item 2026 variance zero zero nine I Agenda, the Tower LLC by Buell Consulting Incorporated, Woody Krogh has made an application 2026-079 to the Brookings County Board of Adjustment for Conditional Use Permit, Article 4 District Requirements, Chapter 4.01A, Agricultural Land District, Section 4.01.04, Conditional Uses Number 34. WIRELESS TELECOMMUNICATION TOWERS. THE PROPERTY IS DESCRIBED AS THE SOUTH HALF OF GOVERNMENT LOT 1 IN THE SOUTHEAST 1 FOURTH OF THE NORTHEAST 1 FOURTH AND THE SOUTHEAST 1 FOURTH AND GOVERNMENT LOT 2 ALL IN SECTION 29 TOWNSHIP 109 NORTH RANGE 50W. EXCLUDING OUTLYING 1 OF LOT 2, EXCLUDING LOTS 1, 2 AND 3 OF SUMMER HOME ADDITION IN THE NORTHEAST 1 FOURTH OF SECTION 32 section the southeast one-fourth of section 29 and the southwest one-fourth of section 28 excluding Jordan B's second edition and dedicated roadway excluding lot one Jordan B's farm site addition in government lots two and the northwest one-fourth of the southeast one-fourth of section 29 and dedicated access easement excluding turtle bay addition located in the south one half of government lot one in the northeast one-fourth in section 29 and in portion of the northeast 1 4th of the southeast 1 4th of section 29 a portion of Government Lots 2 and the southwest 1 4th of in section 28 Township 109 range 50 W and excluding black 11 Berkland Edition Located in a portion of government lot 2 in the southeast 1 4th of section 29 Township 109 North Range 50 W Madari Township Is there a motion Motion by Troyan. Is there a second? Second. Second by Jensen. Richard, would you read the staff report?

Yes.

Yes. 2026, conditional use number seven. The tower is LLC by Beale Contracting Inc. by Representative Woody Krogh has applied for conditional use number 34 to construct a new cell tower up to 250 foot in height in the southeast one-fourth of section 29, Medary Township. The applicant is flying for a maximum tower height of 250 feet the initial constructed tower height will be 195 feet the tower could be added on to in the future to a maximum height of 250 feet if the need arises The proposed tower would be located off 219th Street Which is a Madeira Township gravel road and the site plan shows that we use the existing field driveway with an access easement for serving the servicing the tower and will be a 50 by 50 fenced in area and will contain 190 foot it is not a mono slope monopole tower tower it is a single support tower with an equipment building and a generator the zoning narrative for the zoning ordinance chapter 5 of article 5 chapter 5.36 wireless Telecommunications FCC guidelines and RF fact sheet Telecommunications Act of 1996 the FFA FAA summary report were all included as attachments of this report the proposed site is zoned agricultural farm ground and the request meets the comprehensive plan of the Brookings County Meets the Brookings County concert comprehensive plan general criteria for other specific uses in rural development areas for telecommunication facilities Letters were sent to the applicant, the landowner, the adjoining landowners for Derry Township Chairman and Clerk, and public notices were published in the Brookings Register on June 23rd and 30th and the Volga Tribune on July 25th and July, June 25th and July 2nd, 2026. Here's the conditional use application. Here is the letter that came with the application. And this is going through the findings in Article 5, Chapter 5.36, answering all the questions there, all the requirements. This is the site plan with the application on there. Shows the road, the site plan with the access coming up here. 41 pages shows the tower location in the 50 by 50 area, generator and equipment building, fencing. types of signs that may possibly be on there required. Their own site photos. This is our beacon map showing the Driveway going in with the proposed fencing and meeting the setback requirements there. 50 by 50 fenced in area. This is the beacon map showing the property. Be right over here, right in this area. This is 219th Street coming in right here. Just another beacon map showing the agricultural zoned area. The yellow area up here is the Lake Park Zoning District. of the property looking west down to 19th Street from the driveway this is looking north towards the access road easement there and then the proposed site up in this area this is looking east towards down to 19th Street from the driveway they're just looking back in towards the north towards the proposed tower site so that's all that I have and the applicant is here this evening

Thank you, Richard. If the applicant's here, would you please step forward and clearly state your name into the mic?

Good evening, board members. I'm Woody Krogh, site development agent for Buell Consulting, 9973 Valley View Road, Eden Prairie, Minnesota. I'm here representing the applicant, the Towers LLC. The Towers is a build-to-suit partner with Verizon Wireless in this application for conditional use permit.

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

um a little bit i can i gotta like to hit a few high points just to uh make sure i cover everything uh we have an agreement with the landowner uh for this site uh the parcel number is one two zero zero zero one zero nine five zero two nine four zero zero which is an unaddressed uh ag zone tract and mattery but area Township. As Richard said the application is requesting approval of potentially a tower, 250 foot self support tower plus lightning rod to potentially to 260 foot overall, including lightning rod. And But the condition is that we would only build it to 195 feet initially because Verizon only needs 190 foot elevation for their antennas at this time. However, future co-locators might come along who would request or desire a higher elevation for their antennas. RECOMMENDATIONS. WE COULD EXTEND THE TOWER BY SIMPLY GETTING A BUILDING PERMIT TO EXTEND THE TOWER RATHER THAN GOING THROUGH ANOTHER MEETING LIKE THIS OR POSSIBLY HAVING TO BUILD A NEW TOWER TO GET TO THE EXTRA HEIGHT. THIS SHOWS YOU THE OVERALL SITE PLAN AS WELL AS AN ELEVATION PLAN. A COUPLE MORE DOWN, RICHARD. SHEET A1. THERE YOU GO, RIGHT THERE. SO THAT SHOWS YOU THE 195-FOOT TOWER PLUS A 4-FOOT LIGHTNING ROD WITH VERIZON'S ANTENNAS AT 190 FEET. So the proposed tower meets or exceeds all county ordinance setback requirements for a 250 foot tower. So we're meeting the setback requirements for that height, even though we're only building 295 to start with. The tower will be set back as shown on A1 there, the left side site plan. The tower will be set back 175 feet from the nearest property line, which is to the west. That's the minimum setback for a 250 foot tower. The setback to the right-of-way line to the south is 500 feet. And the other property line setbacks are about 2,100 feet or more. The nearest residence over at 1,250 feet to the east-southeast where your ordinance requires a 1,000-foot setback, so we're well over that setback in all directions. along the access road that Richard delineated, and you can see there the power and the fiber are planned to follow that same path. regarding aircraft safety all towers require an airspace analysis to determine whether aviation safety lighting and or markings will be required and if the height is within FAA limits for the location. The applicant obtained an analysis which indicated that notice to the FAA is not required for this location with the tower height of a 195 feet plus the 4 foot lightning rod therefore to begin with the tower will not BE AVAILABLE FOR THE INITIAL CONSTRUCTION. THE SITE DOES NOT HAVE AVIATION LIGHTING OR MARKINGS. HOWEVER, IF THE TOWER IS EVER EXTENDED, AS DESCRIBED EARLIER, IT WOULD THEN REQUIRE AVIATION SAFETY LIGHTS TO BE ADDED. BUT AGAIN, NONE FOR THE INITIAL CONSTRUCTION. REGARDING NOISE, DUST OR OTHER Lastly, radio frequency, RF. RF safety is a common concern in regard to perceived environmental effects such as public health. Federal agencies such as FCC, OSHA, EPA, FDA, etc. are the scientific experts. on RF safety standards to which wireless carriers must adhere. Section 704A of the submitted Telecommunications Act of 1996 expressly prohibits local authorities from considering these issues as part of the permitting process. THE F.C.C. BULLETIN 65 THAT WAS SUBMITTED DETAILS RF EXPOSURE GUIDELINES AND THE RF FACT SHEET ANSWERS SEVERAL COMMON QUESTIONS. SO WITH THAT CONSIDERATION OF THAT INFORMATION AND WHAT RICHARD SAID OUTLIED HERE, BEING THAT THE APPLICANT EXCEEDS ALL FEDERAL, STATE, AND LOCAL REQUIREMENTS, THE TOWERS LLC RESPECTFULLY REQUESTS APPROVAL OF THE APPLICATION FOR CONDITIONAL USE PERMIT AS SUBMITTED.

Are there any questions for him from members of the board at this time? You're good to go back to your seat for a bit. Seeing no questions from board at this time, I'll move to the public theorem 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? Come up and clearly state your name into the mic.

Good evening. My name is Emily Fullenkamp.

What is your opposition?

I have several questions, I guess, and concerns. One being the bald eagles that live in our vicinity. We are one of the people that live close on the lake, on the west side, on 2756 Lakeshore Drive. Also, the SDSU Aviation, the planes fly over there. Their pattern is very close to where this is gonna be going. So the issue has come up with some of the other neighbors that couldn't make it tonight of, I'm surprised that SDSU wasn't here to discuss that. And then just the fact that it being so close to I understand that cell towers need to be close to be functional. But it just seems like it's going so close to new development of homes and existing homes. And I would prefer that it would be. Put somewhere else if it could so.

That it, thank you. Is there anybody else in the audience is opposed to this for different reasons than hers?

State your name in your opposition Brian Brenner 2756 Lakeshore Drive, Volga, South Dakota Kind of listening to the previous meeting and then listening to the gentleman from Buell talking about the standards of RF radiation stuff like that and a lot of the standards being put in place in the mid 90s doesn't really take into effect and I realize that this cannot factor into your decision and the approval of it. However, 5G has only been out a short amount of time. I'm not sure what the real scientific data is behind that, and maybe there is some response to that. But I just always think that to myself, when you're zoning and planning this type of thing can you make sure that it meets all the requirements that you guys have right now for distance and stuff like that and it sounds like it does however how do we know what the long-term effects are going to be until 50 years down the road and we say At this time we could have decided to move it further away from where homeowners are and stuff like that and protect individuals Not knowing but I would just say that we consider that with the the fact of safety of Current homeowners and stuff like that. I understand Having it in a city. I know there's been some new towers put up recently in Brookings and but there's an opportunity here where it could be put where people would know moving into the future that it would be able to reach their area or be in close contact and they could make a decision to live there or not one other thing I think that is a concern here too is if we do the 195 feet right now without the red flashing light What do we know what the effects will be in two or three years when we add another? 50 feet to it and we have to have a red flashing light is that going to be something that I'll be able to sleep with You know having one of those red beacon lights Flashing all night long and is that something that should be a consideration for people that live in proximity? So I really have more questions So I don't know you guys can answer, but I just want to raise those up as questions about some potential considerations when when when approving this Okay, do you have anything else that or you know I do not thank you.

Thank you Is there anybody else opposed to this that would like to speak I? Seeing and hearing none, I'll close the public hearing portion and move back to the board. Is there any other comments or questions from members of the board? Seeing and hearing none. Seeing and hearing none, Richard, would you redefine those facts?

Yes, Brookings County Zoning Conditional Use Permit 2026, CU007. An application for a conditional use permit has been filed with the Brookings County Zoning Commission, acting as a Board of Adjustment, a copy of the application being attached here too. Such application being made by the Towers LLC by Buell Consulting Inc. by Woody Krogh regarding the following real property. the south one-half of government lot one in the southeast one-fourth of the northeast one-fourth in the southeast one-fourth and government lot two all in section twenty nine township one o nine north range fifty west EXCEPT OUT LOT 1 OF LOT 2, EXCEPT LOTS 1, 2, AND 3 OF SUMMER HOME EDITION IN THE NORTHEAST 1 FOURTH OF SECTION 32, THE SOUTHEAST 1 FOURTH OF SECTION 29, AND THE SOUTHWEST 1 FOURTH OF SECTION 28. AND EXCEPT JORNBY'S SECOND EDITION AND DEDICATED ROADWAY AND EXCEPT LOT 1 JORNBY'S FARM SIDE EDITION IN GOVERNMENT LOT 2 AND THE NORTHWEST 1 FOURTH OF SECTION SOUTHEAST 1 FOURTH OF SECTION 29. Dedicated accessing but easement and accept turtle bay addition located in the south one half of government lot one in the northeast 1 4th of section 29 and in a portion of the northeast 1 4th of the southeast 1 4th of section 29 and a portion of government lot 2 in the southwest 1 4th in section 28 Township 109 north range 50 west and accepts block want block 11 berkland addition and Located in a portion of government lot 2 in the southeast 1 4th of section 29 Township 109 north range 50 west with dairy Township After due notice a public hearing have been held on the application on the seventh day of July 2026 number one The Brookings County Board of Adjustment hereby finding that it is empowered to grant such a condition of use on the following sections of the Brookings County zoning ordinance article 4 district requirements chapter 4.01 a agricultural district SECTION 4.0104, CONDITIONAL USE NUMBER 34, WIRELESS TELECOMMUNICATION TOWERS. AND FURTHER FINDING THAT THE GRANTING OF THE CONDITIONAL USE WILL NOT ADVERSELY AFFECT THE PUBLIC INTEREST. Number two, the Brookings County Board of Adjustment further findings and certifies that the following specific rules governing the conditional use request have been complied with. Article five, general requirements chapter 5.36, wireless communication towers and facilities. Number three, the Brookings County Board of Adjustment further finds that satisfactory provisions and arrangements have been made concerning the following were applicable. A, entrance and exit to the property and proposed structure therein with particular reference to automotive and pedestrian safety, convenience, traffic flow and control, and access in case of fire or catastrophe. We'll use existing driveway off 219th Street and Moderi Township Road. B, off-street parking and loading areas were required with particular attention to items in A above and economic noise, glare, or other effects of the condition used on the adjoining properties and properties generally in the district. No on-street parking. C, utilities and refuge and service areas with reference to locations, availability and compatibility, dumpster service for garbage disposal during the construction phase of the tower and the accessory building. D, screening and reference to reference to type, dimensions and character, none stated. signs of any proposed exterior lighting with reference to glare traffic safety economic effect compatibility and harmony and properties in the district requirements if Requirements cell tower to be marked with signs and lighting requirements for Federal Communications Commission and Federal Aviation Administration current and future requirements F required yards and other open spaces done stated G, general compatibility with adjacent properties and other properties in the district, a comprehensive plan met for the agricultural district. H, roads providing access to the property are adequate to meet the transportation demands of the proposed conditional use. The Board of Adjustment may require the applicant to enter into a written contract with any affected township or other governmental unit regarding the upgrading and continued maintenance of any roads. used for the conditional use requested prior to the issuance of a conditional use. 2 19th Street is a Madiri Township road and meets the transportation requirement of the conditional use. Any required notifications to law enforcement or the fire department? None stated. Any safety inspections? Inspections are required. Any inspections required for building permit? Number four, the Brookings County Board of Adjustment further determines and conditions this conditional use for upon the following additional special conditions or safeguards. None stated. The Brookings County Board of Adjustment by least a majority vote. If it's full membership, hereby grants the above petitioner the conditional use for the above described property as follows. Conditional use number 34, wireless telecommunication tower. with the initial tower height to be 190 feet and may be extended to a maximum height of 250 feet in the future. This conditional use permit is specifically conditioned upon 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 permit. This conditional use permit is not used in three years of a date granted. It shall be invalid dated the seventh day of July 2026 Are there any additions or corrections to the findings of facts Please speak into the mic I Just wanted to clarify that the rod that he's talking about that's gonna make it 199 feet is

Is not does not be included in the actual height the lightning rod?

That's part of that yet. Lightning rod is extended beyond that. So the tower and then your lightning rod is added on top of that. It can be yes without OK, that's us.

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

Mr. Chair, if I might just double on to what was mentioned there, that's not different than you would do for a house. Maximum height of a house is whatever height. And then you have a lightning rod on top. We don't count that in the Max height there either, so just apples to apples there.

Mr Affine

Mr. Chair, I find that this application meets the requirements of the zoning ordinance as long as the findings and facts are followed, so I concur with the findings and facts.

Thank you, Mr. Clark. That being said, Richard, would you call the vote? Starhawk.

Aye. Clark. Aye. Darrell Kleinjohn. Aye. Justin DeGroot. Aye. Neil Troian. Aye. Randy Jensen. Yes. Kelly Vander Wall.

Aye.

Chad Ford.

Aye.

Motion passes. We'll send you their approved copies, Woody, in the mail. So when you're ready to start construction, come in and get your building permit. My stuff stacked up around here now moving on department reports So far we have just two items on the August agenda so as of yet, that's all we have so That's all that I have for tonight so Everything you have anything dad

Just for the sake of taking three minutes to punctuate what went on in the joint jurisdiction ordinance or joint jurisdiction variance meeting. The variance obviously was denied and it was denied because of. because the fact that it's not allowed to grant variants to allow a use that is not listed in the ordinance as permissible in that district the The long line as far as why that is written into your ordinance specifically goes back to a 2000 Supreme Court case in South Dakota that it was in here on in which there was a gas station asked to have a gas station in a district where a gas station wasn't allowed. And instead of asking to amend the zoning ordinance to allow gas stations or to rezone, they just applied for a variance to do it quick. The city wound up issuing that and then people went time out and appealed it to the Supremes. The Supreme Court said, no, no, there is a very detailed process and it's a legislative, not judicial. Allowing a use that's not allowed by the zoning ordinance and it's done on purpose to be a pain in the butt Apparently and it is to be followed that way. So anyway, that is it. So if you guys have that just lesson learned Although it was not a comfortable vote. The truth is that's the way your job is and if you really don't like it and And the way that that needs to be done Get everybody together and and amend that zoning ordinance if that winds up happening at some point on this board.

Thanks just one the 765 committee meeting is meeting on Thursday. So those of you that are on that that meetings coming up so that is moving along having their second meeting so That's all that I have

Thank you, Richard. No need for an executive session, right? Correct. Perfect. Is there a motion to adjourn?

So moved.

Motion by Troyan. Second? Second. Second by Jansen. All in favor?