ENGINEERING DEPARTMENT
Board of Adjustment
Dan Hanson, Planning, Zoning and Housing Administrator
311 Third Avenue, PO Box 270
Brookings, SD 57006
605-692-6629 phone
605-692-6907 fax
dhanson@cityofbrookings.org
Application forms for requests before the Board of Adjustment may
be obtained at the City Engineer's Office at City Hall. An administrative
fee is assessed to cover expenses associated with a request such
as neighborhood notification and legal publication.
INFORMATION NEEDED
1. Your name, address and the address of the property in question
2. A site plan
The site plan is one of the most important aspects of the Board
of Adjustment application. A well prepared site plan should show
what uses are proposed for a site and should answer many of the
questions which may be asked about the proposal. A site plan should
show both existing and proposed features of the property. This may
include site features such as lot lines and streets; land use features
such as building, driveways and access from a public right-of-way,
parking areas and the location of buildings on adjacent property.
You may also need to include aesthetic features such as landscaping
and screening. A professional draftsman need not draft the plan.
However, it must be both clear and legible. It must include a north
arrow and should be drawn to scale. The submittance of a "Title
Insurance Drawing" or "mortgage Survey", if available, is highly
recommended. The site plan must be submitted along with the Board
of Adjustment application.
An inadequately prepared site plan may result in the deferral of
the application until an appropriate plan has been completed.
MEETING
Meetings are held on the first and third Thursday afternoons at
5:00 PM in the Council Chamber located in the lower level of City
Hall. You should plan to attend this meeting. At the meeting, the
Board may ask you to specifically state your intentions for your
property and the feelings of your neighbors about the request. The
adjoining property owners will be given time at the meeting to voice
their support or objections, if there are any. You will be given
time to answer all questions. It is a good idea to have talked to
your neighbors about your intentions before this meeting. Often
this can clear up any misgivings or misinformation that your neighbors
might have and make your appearance before the Board easier.
EXAMPLES OF VARIANCES
- Building structures too close to front, side and rear property lines
- Lack of parking
- Fence heights
- Oversized accessory buildings
- Sign variances
- Height of buildings
- Front yard parking
POWERS OF THE BOARD
Both state law and city ordinance provide for a Board of Adjustment
to act on variances to the zoning ordinance.The Board is made up
of five (5) members and two (2) alternates who are citizens of the
community. Four (4) of the five members must vote in the affirmative
for a motion to pass.
The Board can hear requests in the following specific areas:
- ADMINISTRATIVE REVIEW
Where the party concerned feels that there was an error in any
order, requirement, permit decision, determination or refusal
by the zoning officer or other administrative official in the
carrying out or enforcement of the zoning ordinance.
- VARIANCE
Variances can be granted where each of the following conditions
exist:
- Due to special conditions, a literal enforcement of the
provisions of the ordinance will result in unnecessary hardship
and said variance shall not violate the spirit of the ordinance
and substantial justice may be achieve as a result of the
variance.
- Unique circumstances apply to the property which do not
apply to other properties in the same vicinity or district.
- The variance is necessary for the preservation of the property
right that is substantially the same as the possessed by owners
of other property in the same district.
- The variance requested is the minimum variance which would
alleviate the hardship.
- Reasonable use of the property is not permitted under the
terms of this ordinance.
- The variance request will not violate any flood damage prevention
regulations set forth in Chapter 14.5 of the Brookings Revised
Ordinances. The Board may attach appropriate conditions or
safeguards it deems necessary when granting a variance. The
Board may also make interpretations of the zoning map.
APPEAL
Appeals of Board of Adjustment decisions are to the court of proper
jurisdiction. If you have any questions, feel free to contact the
City Engineer's Office at City Hall at 692-6629.
Board of Adjustment Members
Adjustment
Board Agendas
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Board Minutes
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