by Carrie Moritz, Gazette
The Garretson City Council met on Monday, December 7 in its regular monthly meeting. The main subject was a variance request from Nielson Construction, though the council also began the process of becoming a Tree City USA member, received an update about the 5th Street bridge project, and looked over requested Employee Handbook changes.
The first item on the agenda was to pass the Supplemental Appropriations, but due to computer issues that occurred with system upgrades, a special meeting had to be scheduled. The council will be meeting on Monday, December 28 at 6:30 p.m. at City Hall to discuss and vote on the supplemental budget.
Next was first reading for an ordinance creating a "Tree Board" in order to add Garretson as a Tree City USA member. The council members each agreed to be appointed as the Tree Board.
Tree City USA, which is a program under the Arbor Day Foundation, provides a framework to expand and manage public trees, according to the Arbor Day Foundation website. The program was recommended to the City by John Ball, the SD State forestry expert that has been working closely with the City as it replaces its ash trees. In order to become a Tree City USA recognized member, four standards must be met, including having a Tree Board, a Tree Care Ordinance, a Community Forestry Program that budgets at least $2 per capita for growth and maintenance of the program, and observes Arbor Day.
"Two dollars per capita is what we spend on salaries currently, so it's nothing additional for us cost-wise," said City Finance Officer Anna Uhl.
As a Tree City, it is hoped that Garretson could qualify for grants in the future for tree planting and maintenance.
After the first reading, the council voted to allow a variance for a fence to be placed on Austin Matthiesen's property line at 612 Sarah C Street, which he noted would be a shared fence with their neighbors on the west side. The council granted the variance, with council member Richelle Hofer abstaining due to it affecting her property as well, though she did not have any objections.
Council Splits on Variance Requests
The Nielsen setback variance request was brought to the floor for discussion next. With this request, the setbacks for the new homes built on Sarah C Street would be moved from 30 feet to 25 feet. At the time of the request, six foundations had already been laid, and it was discovered they were placed at 25 feet from the back of the sidewalk. City ordinance requires 30 feet unless a variance is issued prior to construction. Initial coverage of the variance request can be found in the December 3, 2020 issue of the Gazette.
The initial lot plans, which were approved in June of 2019, included a 30-foot setback. The building permit plans, which were signed off on by Garretson's building inspector in August of 2020, had a 25-foot setback.
Owner and CEO Kelly Nielsen defended his company's actions while showing the council the submitted building permit plans.
"This is just your standard building permit submitted to the City to get a building permit and it shows exactly where the houses were going to be staked, built, when we turn in and request a building permit," he said. "They reviewed them, kept them for a day or two, signed them, we paid to get a building permit, we built them exactly like how we said we were going to build them on the piece of paper we turned in."
The building permit, which was signed in August 2020, was signed by former building inspector Dave Swier. Swier ended his term in October, and the council approved the appointment of JR Hofer and Bill Pearson as building inspector shortly after. It was Hofer who discovered the setback issue and brought it to the attention of the City.
Nielsen would not say whether it was his responsibility or the City's to check the building plans against the ordinances.
"You could argue for it both ways," Nielsen said. "It wasn't intentional. Just in the process of the home-building side of the company, this is exactly what we do in every other community. If something's inaccurate, they correct it and make us change it before they give us a building permit."
Mayor Greg Beaner later clarified that no matter who signed off on the building permit, it is still the builder’s responsibility to ensure all ordinances and zoning requirements are met, and that variances are required to be requested prior to the first shovelful of dirt being turned or footing placed.
Article continued on Part 2 - Mailed subscriber or higher account required to view
FULL ARTICLE AVAILABLE NOW TO ALL MAIL SUBSCRIBERS
All mailed issue subscribers can receive access to the full version of some articles, archives, and more. To claim, create a user account - we'll verify the current mailed subscription and get your access activated! (Please allow up to 3 business days for activation.) Alternately, you can pay for your subscription here and automatically get a mailed subscriber log-in.
