Codington County/City of Watertown Joint Planning Commission/Joint Board of Adjustment Minutes February 28, 2017 The Codington County/City of

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1 Codington County/City of Watertown Joint Planning Commission/Joint Board of Adjustment Minutes February 28, 2017 The Codington County/City of Watertown Joint Planning Commission/Board of Adjustment met for meeting on February 28, 2017 at the Codington County Extension Complex. Members of the Joint Planning Commission/Board of Adjustment present were: Bob Fox, Mark O Neill, Brenda Hanten, Pat Shriver, Dennis Arnold, and Luke Muller (Planner at First District Association of Local Governments/ Codington County Zoning Officer). Others present were: Myron Johnson, Charles Rossow, Mel Ries, Rodney Klatt, Charlie Waterman, Troy VanDusen, Todd Kays, Elmer Krueger, and Becky Goens. Chairman Fox brought the meeting of the Joint Board of Adjustment to order. Motion by Hanten, second by Shriver, to nominate Bob Fox as 2017 Chairman. Motion for nominations to cease made by Hanten, second by O Neill. Motion passed unanimously. Motion by Arnold, second by Fox, to nominate Pat Shriver as 2017 Vice Chairman. Motion for nominations to cease made by O Neill second by Hanten. Motion passed unanimously. Motion by Hanten, second by O Neill, to approve the October 6, 2016 meeting minutes. Motion passed unanimously. Motion by Hanten, second by Arnold, to approve the Conditional Use Permit request by Kathie Manzey and Marty Young, subject to conditions as listed. Manzey and Young are requesting to operate a catering/food service business from property they are purchasing from Will and Susan Biberdorf. Property is described as S16 rods of SE1/4 of NE1/4 less N113 of E626 ; and N2 rods of NE1/4 of SE1/4 all lying North and East of railroad ROW and less highway ROW in Section 23- T117N-R53W. Muller reviewed Staff Report (attached). Conditions set forth in a Letter of Assurance would include: 1) Individuals engaged in such occupation shall consist of family members residing on the premises and up to three (3) non-family employees. 2) Off-premise signage associated with the extended home occupation will be limited to South Dakota Department of Transportation (SDDOT) commercial, directional signs, also known as Blue Signs. 3) There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation other than one on-premise sign. On-premise signage may be permitted by the Zoning Officer subject to the following: a) A maximum of 16 square feet of sign area will be allowed. b) Sign will be non-illuminated. 1

2 4) No traffic shall be generated by such extended home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need of parking generated by the conduct of such extended home occupation shall be provided off the street and other than in a required front yard. 5) No equipment or process shall be used in such extended home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. 6) The applicant shall obtain and maintain all required permits from the State of South Dakota for the proposed food service business and provide proof of such permits upon request. 7) The Conditional Use permit for the extended home occupation is transferable. Subsequent owners/operators will be required agree to the same conditions contained herein within 30 days of transfer of the property/business to retain the conditional use permit. 8) Any failure to comply with the terms of this agreement will be deemed a violation of the terms of this Conditional Use permit. Violations will be determined by the Codington County Zoning Officer. If violations are substantiated the Board of Adjustment may hold a hearing to consider revocation of this Conditional Use Permit. Mr. Young was present and indicated no deliveries are made to the site. All food items are picked up at the local stores and brought back to the property by Manzey and Young. No one else was present to speak about this issue. Public portion closed. Prior to voting, Chairman Fox will seek consensus regarding whether the Board agrees with the requirements of the Zoning Ordinance having been met or can be met with the prescribed conditions. Chairman Fox read the following Findings of Fact: A. Standard Findings of Fact for Conditional Uses and Variances adopted November 23, B. The following use is listed in the RR Residential District and Zone C of the Aquifer Protection Overlay District of the City of Watertown/Codington County Joint Jurisdiction Zoning Ordinance (Ref: SDCL ): Extended Home Occupation (Ref: Zon. Ord ). All Conditional Uses Allowed in underlying districts, with the exception of those prohibited provided that they can meet the Performance Standards as outlined for the Aquifer Protection Overlay Zones (Ref Zon. Ord ) 2

3 C. On or before February 6, 2017, Kathie Manzey applied for a conditional use permit (Ref: Zon. Ord ) to operate food service/catering business as an extended home occupation on property described as: S16 rods of SE1/4 of NE1/4 less N113 of E626 ; and N2 rods of NE1/4 of SE1/4 all lying North and East of railroad ROW and less highway ROW in Section 23-T117N-R53W, Codington County, South Dakota. (Lake Township) D. The proposed extended home occupation will employ three or less non-family employees. (Ref. Zon. Ord b) E. No change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation other than one on-premise sign, not to exceed sixteen (16) square feet in area, non-illuminated is proposed. (Ref. Zon. Ord c) F. No off-premise signage is proposed in conjunction with this application (Ref. Zon. Ord d) G. No retail sales will be performed on site (Ref. Zon. Ord e) H. There will be no outdoor storage will be allowed related to this extended home occupation (Ref. Zon. Ord f) I. The application to operate food service/catering business with off-site sales only as an extended home occupation is of a similar character to other uses allowed in the Joint Jurisdictional Area. (Ref. Cod. Co Comprehensive Land Use Plan p52; Zon. Ord g) J. No equipment or process is proposed which would create, noise, vibration, glare, fumes, or odor detectable to the normal senses off the property. (Ref. Zon. Ord h) K. No equipment or process is proposed which would create visual or audible electrical interference in any radio or television receiver or causes fluctuation in line voltage off the property. (Ref. Zon. Ord i) L. That Extended Home Occupations (Ref: Zon. Ord ) are allowable in the RR Rural Residential District under the above conditions (Ref: Zon. Ord. 5.12). a. Therefore the Joint Board of Adjustment finds that it is empowered under Section of the Zoning Ordinance to grant the conditional use (Ref: Zon. Ord ) b. The granting of the conditional use will not adversely affect the public interest. (Ref: Zon. Ord ) M. The zoning officer is hereby authorized to prepare the findings of fact as determined by the Joint Board of Adjustment and issue the conditional use permit and any letters of assurance, building permits or other items associated with said conditional use permit. N. In order to comply with the requirements of Section , Section , and Chapter 5.12 of the City of Watertown/Codington County Joint Jurisdiction Zoning Ordinance, the Joint Board of Adjustment prescribes the following conditions and safeguards in conformity with the Joint 3

4 Jurisdiction Area Comprehensive Land Use Plans and Zoning Ordinance (Zon. Ord ) to be agreed to in the form of a Letter of Assurance (Ref. Zon. Ord ) as recommended by staff. There were no changes by the Board members. Motion passed unanimously. Motion to adjourn by Hanten, second by O Neill. Motion passed unanimously. Respectfully Submitted, Becky Goens, Secretary 4

5 Property Description: S16 rods of SE1/4 of NE1/4 less N113 of E626 ; and N2 rods of NE1/4 of SE1/4 all lying North and East of railroad ROW and less highway ROW in Section 23-T117N-R53W, Codington County, South Dakota. (Lake Township) Zoning Designation: RR Rural Residential Request: Ms. Manzey seeks to base her food service business from this property as a home occupation (atv, snowmobile, etc). History/Issue( s): FEBRUARY 2017 CODINGTON COUNTY/CITY OF WATERTOWN JOINT PLANNING COMMISSION/ JOINT BOARD OF ADJUSTMENT STAFF REPORT TUESDAY FEBRUARY 28, :30 p.m. CODINGTON COUNTY/CITY OF WATERTOWN JOINT BOARD OF ADJUSTMENT ITEM #1 CONDITIONAL USE PERMIT Applicants: Kathie Manzey and Marty Young Owner: Will and Susan Biberdorf Action Items: Conditional Use Extended Home Occupation ( ) Specifics of Request: 1. Manzey and Young seek to purchase the above property. 2. Manzey and Young operate a food delivery truck that sells meals at various businesses in Watertown. 3. They intend to park their two delivery/work vehicles in one of the shops on the property. 4. In the future, they may prepare meals in one of the accessory buildings on the property. 5. No new accessory buildings are proposed at this time. Ordinance and Comprehensive Land Use Plan regarding this request: 1. Extended Home Occupations are a listed use in the RR Rural Residential District. 2. The Codington County Comprehensive Land Use Plan (adopted by the City of Watertown for the Joint Jurisdiction Area) lists numerous considerations for Extended Home Occupations on pages 51-52, most of which are addressed in the zoning ordinance, others relating to policies of the Board in granting similar permits. 3. According to the Codington County Comprehensive Land Use Plan (adopted by the City of Watertown for the Joint Jurisdiction Area), Conditional Uses may only be denied if specific criteria for denying the permit can be identified. 4. There shall be no more than 3 non-related employees. a. Manzey and Young are the only two employees 5. No change to the outside appearance of the property except to allow for a 16 sq ft sign. a. No sign is planned at this time. 6. Only off-premise signage allowed is SDDOT Tourist Oriented Direction Signs. a. None proposed. 5

6 7. No retail sales allowed on site except products prepared on premise in connection with the business. a. All sales occur at other locations (at specific businesses where food is sold). No food is sold at the home. 8. There shall be no outdoor storage associated with the business. a. Applicant(s) have two food trucks. Both are proposed to be parked in a shop when not in use. 9. Businesses should be agriculturally related. a. Comprehensive land use plan (updated after the zoning ordinance) cites the Board s ability to consider businesses which are of a similar character to other uses allowed in the agricultural district. b. Staff is not aware of any past food service oriented extended home occupations. 10. Traffic should be of similar volumes as would be expected of other agricultural uses, and parking shall be accomplished outside of the required front yard. a. Sioux Conifer Road is a collector street in the county and is paved to meet the needs of the present 153 ADvT. b. No customers come to the site. c. Manzey and Young drive the food trucks to and from sites (if they had a warehouse/shop at another location the same number of trips would be generated from the home.) d. No information was available at the time of this report regarding the delivery of supplies for the business. 11. The business should not be obnoxious to the senses to owners of property neighboring this property. a. All food preparation would be carried out in the house. In the future food preparation may be carried out in an accessory structure. 12. Compatibility of Adjacent Uses: a. Codington County Comprehensive Land Use Plan (adopted by the City of Watertown for the Joint Jurisdiction Area) explains General Compatibility with adjacent properties not as a justification for denial of a conditional use permit, but as justification for attaching conditions regulating the operation of a proposed use. Further ALL uses if listed as a conditional use are deemed compatible. 13. The applicant collects and brings all fluids drained to facilities in Watertown for disposal. 14. The Board does have authority to add other conditions it deems necessary. a. This request deals with the preparation of food. It should be stated that the conditional use permit would only be valid if all applicable permits are obtained from the State of South Dakota for the specific business and those permits available for inspection upon request. 15. This property is located over Zone C of the Aquifer Protection District. No specific performance standards apply to this request. 16. Staff note: it is the interpretation of the zoning officer that simply parking the food service vehicles on the lot would not trigger the need for a conditional use permit. Preparing meals in the accessory structure would. Since the applicants seek to purchase the property, they wanted to know if they would be authorized to prepare the food in the accessory structures should they so choose before they purchase the property. Staff Recommendation Conditional Use Permit Extended Home Occupation (Food service/catering) may table the request, deny the request or approve the request. If approved staff recommends the following conditions be agreed to in a letter of assurance signed by the applicant(s): 6

7 7 1) Individuals engaged in such occupation shall consist of family members residing on the premises and up to three (3) non-family employees. 2) Off-premise signage associated with the extended home occupation will be limited to South Dakota Department of Transportation (SDDOT) commercial, directional signs, also known as Blue Signs. 3) There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation other than one on-premise sign. On-premise signage may be permitted by the Zoning Officer subject to the following: a. A maximum of 16 square feet of sign area will be allowed. b. Sign will be non-illuminated. 4) No traffic shall be generated by such extended home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need of parking generated by the conduct of such extended home occupation shall be provided off the street and other than in a required front yard. 5) No equipment or process shall be used in such extended home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. 6) The applicant shall obtain and maintain all required permits from the State of South Dakota for the proposed food service business and provide proof of such permits upon request. 7) The Conditional Use permit for the extended home occupation is transferable. Subsequent owners/operators will be required agree to the same conditions contained herein within 30 days of transfer of the property/business to retain the conditional use permit. 8) Any failure to comply with the terms of this agreement will be deemed a violation of the terms of this Conditional Use permit. Violations will be determined by the Codington County Zoning Officer. If violations are substantiated the Board of Adjustment may hold a hearing to consider revocation of this Conditional Use Permit. Prior to voting on the application by the Board, the Chairperson or staff will seek consensus regarding whether the Board agrees the requirements of the Zoning Ordinance have been met or can be met with the prescribed conditions in this particular request. The consensus or lack thereof shall serve as the findings contained within the motion to approve the conditional use permit and serve as the Official Findings of Fact referenced in Section which will be presented, as such to the applicant in written correspondence notifying the applicant of the decision of the Board. A. Standard Findings of Fact for Conditional Uses and Variances adopted November 23, B. The following use is listed in the RR Residential District and Zone C of the Aquifer Protection Overlay District of the City of Watertown/Codington County Joint Jurisdiction Zoning Ordinance (Ref: SDCL ): Extended Home Occupation (Ref: Zon. Ord ). All Conditional Uses Allowed in underlying districts, with the exception of those prohibited provided that they can meet the Performance Standards as outlined for the Aquifer Protection Overlay Zones (Ref Zon. Ord ) C. On or before February 6, 2017, Kathie Manzey applied for a conditional use permit (Ref: Zon. Ord ) to operate food service/catering business as an extended home occupation on property described as: S16 rods of SE1/4 of NE1/4 less N113 of E626 ; and N2 rods of NE1/4 of SE1/4 all lying North and East of railroad ROW and less highway ROW in Section 23-T117N-R53W,

8 Codington County, South Dakota. (Lake Township) D. The proposed extended home occupation will employ three or less non-family employees. (Ref. Zon. Ord b) E. No change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation other than one on-premise sign, not to exceed sixteen (16) square feet in area, non-illuminated is proposed. (Ref. Zon. Ord c) F. No off-premise signage is proposed in conjunction with this application (Ref. Zon. Ord d) G. No retail sales will be performed on site (Ref. Zon. Ord e) H. There will be no outdoor storage will be allowed related to this extended home occupation (Ref. Zon. Ord f) I. The application to operate food service/catering business with off-site sales only as an extended home occupation is of a similar character to other uses allowed in the Joint Jurisdictional Area. (Ref. Cod. Co Comprehensive Land Use Plan p52; Zon. Ord g) J. No equipment or process is proposed which would create, noise, vibration, glare, fumes, or odor detectable to the normal senses off the property. (Ref. Zon. Ord h) K. No equipment or process is proposed which would create visual or audible electrical interference in any radio or television receiver or causes fluctuation in line voltage off the property. (Ref. Zon. Ord i) L. That Extended Home Occupations (Ref: Zon. Ord ) are allowable in the RR Rural Residential District under the above conditions (Ref: Zon. Ord. 5.12). a. Therefore the Joint Board of Adjustment finds that it is empowered under Section of the Zoning Ordinance to grant the conditional use (Ref: Zon. Ord ) b. The granting of the conditional use will not adversely affect the public interest. (Ref: Zon. Ord ) M. The zoning officer is hereby authorized to prepare the findings of fact as determined by the Joint Board of Adjustment and issue the conditional use permit and any letters of assurance, building permits or other items associated with said conditional use permit. N. In order to comply with the requirements of Section , Section , and Chapter 5.12 of the City of Watertown/Codington County Joint Jurisdiction Zoning Ordinance, the Joint Board of Adjustment prescribes the following conditions and safeguards in conformity with the Joint Jurisdiction Area Comprehensive Land Use Plans and Zoning Ordinance (Zon. Ord ) to be agreed to in the form of a Letter of Assurance (Ref. Zon. Ord ) as recommended by staff. 8