Landowner obtains setback variance despite fire safety concerns

Landowners were granted a reprieve on Tuesday morning when the Lake County Commission opted to override concerns of the Planning and Zoning Commission to grant variances which will allow storage facilities to be constructed on non-conforming lots in Wentworth Township.

The lots were rezoned and replatted in 2012 by owner Nancy Belitz-Bain so they could be sold for oversized accessory buildings. The roadway established to give access to the lots required those who purchased the property to obtain setback variances to actually construct oversized buildings.

According to buyer Tim Hagen, he was not informed of this at the time of the purchase. He learned covenants required a minimum structure size of 30x40x14.

He assumed the design plan he saw was in line with the county's ordinances. The oversized building on the adjacent lot was constructed according to the plan and had not received a variance from the county. Planning and Zoning Officer Mandi Anderson said this was done before she was hired.

Hagen reported that he ordered the building and only learned a variance would be required when he applied for a building permit.

"We've had the building on the ground for two months," he told commissioners, who were acting as the Board of Adjustment.

Hagen further explained that without the variance his structure would not only extend into the road easement, but also impede access to an oversized storage facility which had been constructed to the west of his lot with access doors facing his lot.

Commissioner Aaron Johnson, who serves on the Planning and Zoning Commission, explained the commission had been concerned about fire safety and snow. If the variance was granted, the distance between storage facilities was a mere eight feet, not enough to allow access by a fire truck.

Commissioner Deb Reinicke, who served as planning and zoning officer prior to retiring, noted that some cabins are constructed with less distance between them.

"I would kind of side with the planning and zoning board on this," Commissioner Dennis Slaughter said. "It's kind of a tough position."

"Fire safety and snow is rare, but it does happen," Johnson commented.

Confusion occurred during the voting process when a motion to approve the variance originally failed because Commission Chair Kelli Wollmann sought to postpone making a decision until the site could be examined. The commission was guided through a process reviewing that decision by State's Attorney Wendy Kloeppner who said an appeal would end up in court.

On a second vote, the variance passed with only Commissioner Roger Hageman opposing the variance. He expressed concerns about the danger of building a cluster of structures in close proximity to one another.

"There's no electricity, no gas. It's just cold storage," Hagen said, attempting to offer some assurance that the two rows of storage buildings did not pose a fire danger.

A lot purchased by Richard and Mary Schneider faced the same challenges and needed the same setback variance for construction to move forward. That variance was approved on the first vote.

In other business, the commission:

-- Approved a change to personnel policies which will allow those who work holidays to count those hours toward overtime. The change was introduced at the last commission meeting and approved on Tuesday without discussion.

-- Approved a partner agreement with Minnehaha County and Lutheran Social Services to provide secure and nonsecure housing for juveniles being detained. Shelli Gust, commission administrative officer, reported the 3% increase in daily rate is average in the annual agreement.

-- Approved a resolution appointing Wollmann and Emergency Management Director Kody Keefer authorized applicant agents to sign documents related to a grant application which will be submitted to FEMA and the state.

-- Approved a state-local assistance agreement for the hazard mitigation grant program or pre-mitigation with the state.

-- Acknowledged receipt of an agreement with Nolz Dragline and Construction, Inc., for the box culvert project on 461st Street over North Buffalo Creek near Chester. The company was awarded the project in November with a bid of $334,978.34, which came in under the engineer's estimate.

-- Approved the purchase of youth development supplies by the Lake County Extension Office. Jen Hayford, 4-H adviser, indicated they did not have funds for poultry cages and cattle gates in that line of their budget, but would have excess funds overall because the office was not staffed with a secretary for several months.

-- Approved the transfer of retail malt beverage and South Dakota farm wine and retail liquor licenses to Lakes Bar & Grill under the operation of the Anderson Group, Inc. Mike Anderson said he, his wife, their two sons and his sister had formed the Anderson Group, Inc., and were purchasing the Lakes Bar & Grill. During the winter months, they will be open Thursdays through Sundays but hope to be open seven days per week by summer.

-- Voted to give county employees the full day off on Dec. 24. In making the motion, Reinicke said, "With what's going on in the world and COVID and stuff, I think it would be an ego boost for them."

-- Gust reported the county has received approval from the U.S. Army Corp of Engineers to clean out the creek which runs under a bridge known as Stemper Bridge on 456th Avenue. She said work has been delayed as the county works with the city to obtain a Floodplain Development Permit. The cost of the project will be shared with the city.

-- Acknowledged the retirement of Gene Anderson and Doug Jerlow from the planning commission. Gust indicated the commission will review applications in January and make a recommendation to the county commission for approval.

-- Denied an indigency request from Avera Heart Hospital in the amount of $22,741.24 and two from Avera McKennan Hospital which combined came to $308,017.52.

-- Heard the first reading of an ordinance requested by Lakes Community, LLC, to rezone Lots 1 and 2 of Lakes Community Second Edition to Lake Park District-3. The area will be replated as Lots 1-24 of Lakes Community Storage Association.

-- Approved four plats: Lots 1 and 2 of Robson's Second Addition in Lakeview Township for residential development, Lot 8 in Block 2 of Lakes Community Addition in Wentworth Township for residential development, J. Olson's Addition in Rutland Township to add land, and Lots 12A and 13A of Earl Spawn's Subdivision to create conforming lots and relocate designated Southshore Drive.

-- As the Board of Adjustment, approved a variance to allow Tracey Anderson to build a deck addition on an existing upper-level living area above the garage.