C V. .; I .. it Describe theefgct rt.

VARIANCE APPLlCATlON*Application must be filed 30 days prior to the public hearing date.

Filing fee $200.00

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Applicant: 61.Home/l\/lailing Address:

Home/Office Phone:

E-Mail Address:

Project Address:1‘. .!

i A l“€?. _. 11,511 Am:/tl”‘-Sm,

Zoning Code Effected: 23.14} .0&4& 23.__.__

‘ "Legal Description:

Zone:)

z'~' . , 5 ~ .t'REQUEST PERMISSIONTO: 25“3-A l:‘*‘*» $ K 5! ‘ 5 ea {

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Based nicipai zoning codes of Huron, title 2304.028, "the applicant carries theburden of proving that the request complies with the necessary findings and that thegranting of a variance is in keeping with the spirit and intent of this chapter." With this inmind, please fillin the following blanks to demonstrate how your request meets the guidelines.

1. Describe your variance request and how it differs from the strict writtencode . (i.e. desirenarrower setbackor use than allowedby the zo'ng code.) _

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ti;-‘*—*1.°v""§e-@";‘*’.. rt. Mt tr‘ ctr éw .2. Describetheefgctpurpo e o ktheproposed construction or use.

4. Incomparison to your neighborhood,what is uniqueabout your propertythatyou shouldbe

givenspecial consideration? L*0 ?t? ems

willnot have a negative effect on any neighbor's property.

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6..APPLICANT: Be prepared at the hearings to address these Criterial ‘for Review ofn.. '

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Variance.

a. The plight of the applicant is due to unique circumstances of applicant's property.

b. The plight of the applicant is not due to the circumstances or conditions of theneighborhood or zone.

c. The unique circumstanceswhich rendered the property incapable of being used incompliance with this ordinance have not been caused or created by actions of the applicant.

cl. The variance in question is the minimumvariance which is necessary for the reasonableuse of the property.

e. The variance requested can be granted with substantial justice to the applicant as well asother property owners in the area.

f. The granting of this variance willbe in harmony with the general purpose and intent of thisordinance while maintaining the integrityof the comprehensive plan.

g. Thengrantingof this variance willnot be injurious to then“é”i‘§h*5iaFha6&‘"i6EothMenNisedetrimental to the public health, safety, or welfare.

h. That for an area variance, compliance with the strict application of this ordinance governingarea, setbacks, frontage, side yards, height, bulk or density willunreasonably prevent theowner from using the property for a permitted purpose.

i. That for a use variance, the land in question cannot yield a reasonable return, if only usedfora purpose allowed in the zone.

*l do hereby authorize entry to city staff/hearing examiner onto the property before the meeting forthe purpose of reviewing the request.

Signature of Applicant:. Date:

Wariance filing fee does not my it e cost of the buildingermit,which may be required.

Date: “"

=========================ACT]ON EST====:=========================

Signature of Property Owner:

Hearing Examiner Recommendation:

Approved:. Denied: . Withdrawn:

Planning Commission Recommendation:

Approved: , Denied: Withdrawn:

ZoningBoard of Adjustment. Conditions:

Approved: - Denied: :

: Withdrawn:

Finance Officer Signature:

Variance Hearing for Dale Fortin1409 15"Street SW, Huron, SD

To: Hearing Examiner, Mayor, and City Commissioners,

My name is Dale Fortin, and my wife is Deb McA|ister. We live at 1409 1st Street SW inHuron

We are asking to put up a garage with steel siding and exposed fasteners on our propertythat would allow us to put our motorhome, vehicles, and other equipment that we own insideand out of the weather. The front ofthe building is requested to be 25' from the property line,which is 5’ further away from the lot line than the other house and garage on our block.

Our home is surrounded by buildings with steel siding and exposed fasteners. There arecountless steel buildings in areas zoned ”Business” near our home. More importantly, just inmy neighborhood there are 15 residential lot-sthat have the steel siding and/orroofing withexposed fasteners, as well as 2 lots in our residential area that were spot zoned for business —

allowing steel buildings to be constructed on them. Allof these are within a couple of blocks ofour home.

From my property you can see a steel building with exposed fasteners in every direction, asyou can tell from the attached map. It shows the location of these buildings. A separateattachment to this variance has the address and pictures of all 17 of the structures.

We walked our neighborhood and talked to all ofthe neighbors that were at home. Not onewas concerned with the type of building shown on our architect rendering, and in fact they areglad to see things like this going up in our area. The attached map shows the lots owned by ourneighbors; those marked with a GREENbackground have signed the attached petitionrequesting that this variance be granted. Not one was reluctant to sign the petition orexpressed concern about this type of construction.

I know that the Planning Commission and City Commission will soon be discussing revisionsto city ordinances to allow this type of building without a variance. lam requesting a variancein advance of those possible revisions because the cost of my building has already gone up$6,000 since last winter when Ifirst quoted the project. I was told by the local lumberyard thatan even larger increase will be necessary when my current 30-day quote expires.

I would like to order my building now to loc|< in my material prices. Approving this variancetoday willallow the contractors to start construction this fall, before the ground freezes, andthen work through the winter weather to finish it. The project is expected to take 6 weeks.

We strongly agree looks are important in any neighborhood and my wife and I work hard inour neighborhood to make it look nice - even mowing adjacent rental properties for free thatfall behind on their lawns. Our home is less than 5 years old, and we strongly feel the proposedbuilding willadd to the curb appeal and value of our property. In fact, my realtor tells me thatthis project willadd more value to our property than it would cost to build. The conventional

building that today's codes allow are double the price of what I am proposing to build,andwould not be affordable, nor a good investment.

The Planner and Building Inspector indicated to me that they are not in favor of thisvariance primarily because other requests in my neighborhood have been turned down inrecent years, which could ruffle some feathers of past applicants. In my opinion, the worstreason to make any decision is "because that is how we have always done it”. Rather, thisdecision should be based on evidence that indicates it willdevalue the neighborhood, hasobjections from nearby neighbors, or is otherwise detrimental to neighboring properties.

None ofthese descriptions fit my project. I am not asking to build the steel Quonsetbuilding of ”yesteryear” that has galvanized siding attached with lead gaskets under the nailsthat notoriously worked loose and leaked. I willbe using high quality factory—painted steelsiding purchased locally. It will be attached with color matching screws with neoprene rubbergaskets to prevent |ea|<s for the long run.

I quoted rafters that are 4’ on center to ”beef it up”, rather than getting the standard 8’ on—

center rafters. I quoted roofing steel that has a foam back to prevent condensation that couldeventually shorten the life of the building decades from now. I am using laminated poles thatwill stay straight over time, ratherthan solid wood poles that can warp. I am putting in a steel-reinforced 6" concrete floor. Even with those upgrades, it is still half the price of the buildingthat I could build without a variance.

Many other variances for this type of building have been approved by the city over the lastseveral years, including a variance only a couple of weeks ago in the Frontier Acres housingdevelopment. The oldest home in that development is 50 years newer than most homes in myneighborhood. Even in that newer development, the neighbors all considered the new sidingwith exposed fasteners a nice upgrade over the previous lap siding.

Thanks for your time and I hope you can vote in favor of this variance. This would allow meto lock in my price on materials, secure a contractor, and hopefully get things done beforewinter closes the door on us.

Best regards,

Dale Fortin

AP '-‘i5GEND. = ZdnedforBusiness

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SignfedLetterofsupport

Buildings on Residential Lots Within Two Blocksof Dale Fortin Residence with Exposed Fasteners

Building Numbers Shown on Attached Map

1. 175 Ordway NW — Building #1

2. 175 Ordway NW — Building #2

3. 175 Ordway NW - Building #3

4. 119 Mellette Ave NW



5. 1625 15"Street NW

6. 124 Pennington Avenue NW

7. 59 Pennington Ave NW (steel roof)

8. 1475 Center St NW (steel roof)



9. 37 Pennington Ave SW

10. 1574 1“ Street SW

11. 79 Ordway Avenue SW

12. 1284 Center StreetSpot Zoned ”Business” in Residential Area



13. 1262 Center Street 15. 141 Ordway Avenue SWSpot Zoned ”Business” in Residential Area

14. 125 Quin Avenue SW 16. 215 Mellette Ave SW



17. 1251 2"“Street sw

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Memorandum

DATE: August 24, 2020

TO: Hearing Examiner

FROM: Planning & Inspections Office

RE: Variance request to construct a pole shed using corrugated sheet metalroofing and siding with exposed fasteners, where code only allows standingseam/architectural steel on residential structures in an area zoned R-2 (One FamilyResidential District).

Requested by: Dale FortinProject Address: 1409 15*St SW, Huron SD

Planner & Inspector Comments: Recommend following existing code due toprevious denial by City Council for similar structure in the same neighborhood.

Hearing Examiner: Recommend approval of applicant’s request.

?l ‘ «£455 *

Hearing Examiner

REVIEW OF FINDINGS FOR THE

VARIANCE REQUEST OF

DALE FORTINFOR PROPERTY AT 1409 157STREET SW

I.

The plight of the applicant IS due to unique circumstances of applicant's property.

ii.

The plight of the applicant IS NOT due to the circumstances or conditions of the

neighborhood or zone.

iii.

The unique circumstances which render the property incapable of being used in

compliance with the ordinance HAVE NOT been caused or created by actions of the

applicant.

iv.

The variance requested IS the minimum variance which is necessary for the reasonable

use of the property.

v.

The variance request CAN be granted with substantial justice to the applicant as well as

other property owners in the area.

vi.

The granting of this variance WILL be in harmony with the general purpose and intent of

this ordinance while maintaining the integrity of the comprehensive plan.

vii.

The granting of this variance WILL NOT be injurious to the neighborhood or othenNise

detrimental to the public health, safety or welfare.

viii.

Application is for variance of Municipal Code 23.10.024 (8) ‘‘Inthe “R”districts, the use of

flat or corrugated sheet metal with exposed fasteners for the exterior walls or roof covering

for a garage or carport is prohibited.”

Use of these findings would recommend approval of the app|icant’s requests.

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NOTICE OF PUBLIC HEARING

A VARIANCE REQUEST CONCERNING THE PROPERTY AT 1409 1STSTREET SW

HURON, SOUTH DAKOTA WILL BE CONDUCTED BY THE HEARING EXAMINER

FOR THE BOARD OF ADJUSTMENTS. A PUBLIC HEARING IS SCHEDULED FOR

SEPTEMBER 16, 2020 AT 12:00 NOON THROUGH ZOOM.

Join Zoom Meeting on Device (Laptop, tablet, cell phone)https://us02web.zo0m.us(i/89460690663?pwd=1\/IklFSEFIb3ZaeTFNWU9iTUJYd2NWQT09

Conference call and for computers that don’t have audio or video you will also need to callin so the other participants can hear you talk:

1. Call in with phone: 1 (312) 626-67992. Enter Meeting ID: 894 6069 0663

3. Enter Password: 933654

THE HEARING EXAMINER WILL CONSIDER THE REQUEST OF DALE FORTIN TO

CONSTRUCT A POLE SHED USING CORRUGATED SHEET METAL ROOFING AND

SIDING, WHERE CODE ONLY ALLOWS RESIDENTIAL HIDDEN FASTENER STEEL

OR STANDING SEAM/ARCHITECTURAL STEEL ON RESIDENTIAL STRUCTURES IN

AN ZONED R-2 (ONE FAMILY RESIDENTIAL DISTRICT).

THIS HEARING IS OPEN TO ANY PERSONS INTERESTED IN THIS APPLICATION.

THE HEARING EXAMINER WILL RECEIVE TESTIMONY IN THE FORM OF

PETITIONS, WRITTEN/ORAL SUPPORT OR OBJECTIONS AS NEIGHBORING

LANDOWNERS OR THEIR REPRESENTATIVES WISH TO PRESENT. FURTHER

QUESTIONS CAN BE DIRECTED TO THE PLANNING OFFICE (353-8512).

IVIAILEDZSEPTEMBER 4,2020

Property within 150’ of 1409 15*St SW owned by Dale Fortin & Debra McAlister

Fortin Lot 1 Re-plat of Lots 5-8MAnderson Addition

Dale Fortin & Debra McA|ister

1409 15*St SWHuron SD 57350

Martha Anderson AdditionLots 1-4&A-G

Jennifer Castellanos9 Nicollet SWHuron SD 57350

William & Lynnett Gross26 Ordway SWHuron SD 57350

Clarence lngle1240 13‘St SWHuron SD 57350

Michael & Marlo Bogh68 Ordway SWHuron SD 57350

Vernon & Geraldine Kahre1475 15*St SWHuron SD 57350

OL 2-110-62 Hinters OL AdditionLots 5-7

Sandy Dame475 24”‘St SWHuron SD 57350

Richard Bowen108 Ordway SWHuron SD 57350

Dave & Sue Mastel123 Nicollet SWHuron SD 57350

Kent Kouf & Susan Hannebuth124 Ordway SWHuron SD 57350

Bloodgoods Addition - Block 6Lots 9-20

Judith Beltz1360 Center StHuron SD 57350

Vickie & John Pawlowski1374 Center St WHuron SD 57350

Joseph Peskey808 8”‘Ave WMobridge SD 57601

Kenneth OlsenPO Box 362Huron SD 57350

Eugene & Lois McMillan37 Pennington SWHuron SD 57350

Bloodgoods Addition — Block 3Lots 7-11

Ashely Kingdon Reese108 Nicollet SWHuron SD 57350

Daryl Roos105 2“‘‘AveTulare SD 57476

Mar Sheffield620 3“ St SEHuron SD 57350

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