November 20, 2012
The Miner County Board of Commissioners met in regular session, November 20, 2012, in the Miner County Courthouse. Members present: Roger Wentland, Heath Thompson, Voni Durant and Pat Maroney. Absent: Don Bowman. Chairman Thompson called the meeting to order. The Pledge of Allegiance was recited.
Motion by Durant, seconded by Wentland and carried to approve the agenda as amended. The minutes of November 8th were approved.
The board adjourned as a board of commissioners and reconvened as a planning & zoning commission serving as the board of adjustments. A hearing was held to consider an application for a variance from the zoning ordinance from Ryan Miller to locate trees and a fence closer to the road than allowed by zoning regulations in the S 892’ of NW ¼, 3-106-55, Clearwater Township, Miner County, South Dakota. Present for the hearing was Zoning Administrator Kay Hageman. Ryan Miller was contacted by phone to discuss the application. He confirmed that he had reached an agreement with Tom Feldhaus, Chairman of the Clearwater Township Board to plant only one row of trees to minimize the impact of snow on the township road. This agreement was also relayed to the director of equalization by Tom Feldhaus.
Following consideration of oral testimony in support and hearing concerns of granting the application, it was moved by Thompson, and carried that the Findings that follow be approved.
STATE OF SOUTH DAKOTA ) BEFORE THE MINER COUNTY
: SS BOARD OF ADJUSTMENT
COUNTY OF MINER )
IN THE MATTER OF THE APPLICATION OF )
) FINDINGS
RYAN MILLER FOR A VARIANCE )
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FINDINGS
I
That the applicant, Ryan Miller, has made an application for a variance to plant trees and place a fence closer to the road than allowed by zoning regulations in the S 892’ of NW 1/4 3-106-55, Clearwater Township in Miner County, South Dakota, and that he is the owner of record thereof.
II
That the proposed use of said realty is specifically prohibited by the zoning ordinance without applicant first obtaining a variance, for which he has applied and paid the applicable fee.
III
That upon said application, notice of hearing was given as required by the Miner County Zoning Ordinance by mailing to the adjoining landowners and by publication.
IV
That hearing upon said application was held on November 20, 2012, in the Commissioners’ Room of the Miner County Courthouse.
V
That applicant, Ryan Miller did not appear in person but was contacted through phone.
VI
That a presentation in support of said variance and testimony on behalf of said variance was received at the hearing and that testimony regarding concerns for the granting of the variance was also received at the hearing from Clearwater Township.
NOW, THEREFORE, that application, testimony at the hearing, and arguments of individuals at the hearing all having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of Ryan Miller for a variance be approved to allow planting of trees and placing of the fence for the following reasons:
1) That the Miner County Board of Adjustment is empowered under Section 506 to grant the variance and that the requirements of the zoning ordinance regarding a variance have been met by the applicant.
2) That the Miner County Board of Adjustment is able to make the applicable findings required by Section 506 of the ordinance, which are considered prerequisite to the granting of a variance.
VIII
That the Board of Adjustment vote upon approval of such application was four in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application be approved with the following conditions:
1. That the provisions provided by the Clearwater Township Board allowing the planting of 1 row of trees be followed.
Dated this 20th day of November, 2012.
Patrick Maroney, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
A hearing was held to consider an application for a variance from the zoning ordinance from Wayne Moore to locate a building closer to the road than allowed by zoning regulations in the NW ¼ Section 1-105-58, Beaver Township, Miner County, South Dakota. Present for the hearing was Zoning Administrator Kay Hageman, Wayne & Tami Moore. Wayne explained that this is a replacement of a building that was located in the same area that was damaged by wind. Moore also presented the board with a letter from William Walter (neighbor) stating he has no issues with granting the variance.
Following consideration of oral and written testimony in support of the application, it was moved by Wentland, seconded by Durant and carried that the Findings that follow be approved.
STATE OF SOUTH DAKOTA ) BEFORE THE MINER COUNTY
: SS BOARD OF ADJUSTMENT
COUNTY OF MINER )
IN THE MATTER OF THE APPLICATION OF )
) FINDINGS
WAYNE MOORE FOR A VARIANCE )
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FINDINGS
I
That the applicant, Wayne Moore, has made an application for a variance to locate a building closer to the road than allowed by zoning regulations in the NW ¼ 1-105-58, Beaver Township in Miner County, South Dakota, and that he is the owner of record thereof.
II
That the proposed use of said realty is specifically prohibited by the zoning ordinance without applicant first obtaining a variance, for which he has applied and paid the applicable fee.
III
That upon said application, notice of hearing was given as required by the Miner County Zoning Ordinance by mailing to the adjoining landowners and by publication.
IV
That hearing upon said application was held on November 20, 2012, in the Commissioners’ Room of the Miner County Courthouse.
V
That applicant appeared in person.
VI
That a presentation in support of said variance and testimony on behalf of said variance was received at the hearing and that no testimony regarding concerns for the granting of the variance was received at the hearing.
VII
That written correspondence in support of granting the variance was received from William Walter.
NOW, THEREFORE, that application, testimony at the hearing, having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of Wayne Moore for a variance be approved to allow placing the building closer to the road for the following reasons:
1) That the Miner County Board of Adjustment is empowered under Section 505 to grant the variance and that the requirements of the zoning ordinance regarding a variance have been met by the applicant.
2) That the Miner County Board of Adjustment is able to make the applicable findings required by Section 505 of the ordinance, which are considered prerequisite to the granting of a variance.
VIII
That the Board of Adjustment vote upon approval of such application was four in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application be approved.
Dated this 20th day of November, 2012.
Patrick Maroney, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
Commissioner Thompson questioned the set back footage. Hageman informed the board that it is set at 108’ from the center of the road. The board adjourned as a planning commission and reconvened as a board of commissioners. Commissioner Durant left the meeting.
Highway Superintendent Ron Krempges reported on the progress of the removal of trees from the north side of the courthouse. He also reviewed culvert replacement, equipment repairs and the road and bridge 7 year plan.
Community Health Nurse Barb Esser presented the quarterly CHN report.
Motion by Maroney, seconded by Wentland and carried to enter into executive session to review Director of Equalization employment applications. DOE Kay Hageman was also present. 11:30. The board returned to regular session at 12:38.
Claims allowed: Al’s Service $51.58, Girton Adams Co. $578.57, Office Peeps $216.13, Ultra, Inc $40.00, repairs; Aramark $46.30, rent; Queen of Peace Hospital $126.00, blood alcohol; Susan Connor $21.83, Lanny Klinkhammer $103.00, travel; Campbell Supply $21.73, Butler Machinery $362.37, Canova Service Center $421.86, Central Business Supply $36.93, Emergency Medical Products $530.02, Hard Drive Outlet $74.00, James River Equipment $548.15, Michael Johnson Construction $1354.20, Karla Neises $65.60, SD Federal Property Agency $100.00, Tom’s Hardware Hank $40.93, Vilas Sales & Service $48.00, Wheelco Brake & Supply $11.10, Office Peeps $449.84, Stamp Fulfillment Services $1091.80, supplies; Interlakes Community Action $512.90, outreach worker, Bob Calmus $15.00, travel, Medicare Provider Enrollment $523.00, EFTPS $289.46 Fees.
The board adjourned to November 28, 2012 to conduct DOE interviews. Dated this 20th day of November, 2012.
Heath A. Thompson, Chairman
Miner County Board of Commissioners
Attest: Susan R. Connor, Miner County Auditor