City lawyer: Eight-plex has proper permits

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An eight-plex being built in the south part of Flandreau is not in violation of an issued variance and meets the lot requirements, City Attorney Corey Bruning has told the city council.
In addition, complaints about issuing a building permit for the building improperly went to the city council when it should have gone first to City Administrator Jeff Pederson, Bruning said. If no resolution is reached, the issue then goes to the planning and zoning commission, he said.
The parcel drawing complaints from neighbors has three duplexes on it for six units. The eight-plex would increase the units to 14, which need a lot size of at least 31,350 square feet. The footprint of the entire parcel is 40,740 square feet, Bruning said.
Complaints first surfaced Sept. 3 when Curt and Jeff Weigel, father and son, spoke at a city council meeting, saying the buildings were too large and there wasn’t room for required off-street parking. They also complained that neighbors weren’t notified when the building permit was issued, a permit they said should not have been allowed.
A few days later, Pederson said it hadn’t occurred to him to look at the zoning ordinance. He also had said the city’s lawyer would be asked to review the issue.
In his report, Bruning said that the property’s developer, Bruce Allen, intends to comply with the requirement of having two parking spaces per unit and within 400 feet of the entrance to the buildings.

At the Sept. 16 meeting the Weigels and neighbor Marci Bauer had additional concerns. Bauer said when the plans for the development were proposed, it was something that was supposed to look like Spafford Square, but that hasn’t been the case.
“I’m very disappointed with what has transpired in our backyard,” she said. She also said there is not enough room for parking on the property now, and residents park in the yard.
“It’s like you’re living in the slums. Where are you going to put all of those cars?” she asked. “You told us it’s going to be all new construction. It’s not new construction,” she said to Alderman Bob Pesall, a lawyer who represented Allen.
“We don’t have an issue with the people in the housing. And I understand Flandreau has a shortage of housing. For me, it’s more of Mr. Allen said we’re going to make the neighborhood look better,” she said. “Would you like this in your backyard?”
Mayor Mark Bonrud reminded her that the issue needs to be appealed to planning and zoning. Council members wouldn’t take positions on the issue.
“We really can’t take a position on this as a city council,” said Jason Unger, alderman. “If there’s concern with that, it has to go back to them (planning and zoning) to review their work.”
Maybe planning and zoning should review everything, Jeff Weigel said. He and his father questioned Pederson’s handling of the issue.
In other business,
•Alderman Don Whitman was appointed to the housing board, replacing the late Ron Smith. The board works with low- to moderate- income housing.
•Fire Chief Jud Krull said the department is working on finishing its rescue boat for use next spring, if needed. Calls have been down recently, he said. There are 28 people on the department.