Planning & Zoning Board - Regular Meeting

This conference will now be recorded.

Order. Wayne, would you lead us in the pledge, please? I aliance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. All right. Is there uh the minutes from last month? Any discussion or changes or additions to those? No, wait.

Um there is going to be one change. It's kind of going to be just under probably public comment. Um you have a surveyor that asked if you could come and visit a little bit about a pending project down Boulder Canyon. That's for last month's meeting or this this one's for the agenda for the next we don't have a copy. I'll still move. I'll second the minute. Minutes is fine. Any discussion? Okay. All in favor say I. I. I. Oppose. Same sign. No, the minutes we don't print. Well, we print one to be signed, but you get them. That's okay. I I printed them out at home. Okay.

Sorry. The agenda. Yep. Any additions or corrections? There's going to be an addition sort of under the public comment. Um Brad Lo's going to stay and visit with you about a pending project. Okay. Anything else? Move to approve as amended. Second. All in favor say I. I post same sign. Okay. Any conflict? Neither. Just want to know that number 11 is my neighbor. Other than that, I don't believe there's conflict. I just want out there for everybody to know. Um, are you financially involved with it in any way? No. Or involved in any way whatsoever being neighbor? No.

So, anything you can be very impartial in any decision making they make? Yes. Okay. Does anybody have any problems with TJ being involved with that one? Okay. Just take a note of it. Okay. Thank you.

All right. Anything else? Okay. Public hearing for CU 45126. So, our format for a public hearing is that we'll hear from the applicant and Amber and then after that we will open it up to the public um for comments. We ask that you please address the board and not each other. Um and when you stand up or when you want to speak, please stand up and say your name and your address to help with the minutes. Um and then after any all the public comment is over, we'll turn it back to the board at which time we ask you to please refrain from our discussion unless you're asked and then we will make our decisions. So any questions? All right, Amber.

Okay. This is a public hearing for conditional use permit 45126. What that means is there's already an existing cup out on this property. That's CU 451. They're doing an amendment to that original, which is why you get the year of 2026. So, we know that there was an amendment done to the original CP. Um, this is the property located just down Boulder Canyon. It used to be the Jehovah Witnesses building. Um, it sat empty for a lot of years and then Marta purchased it, lives on site, and then has um a dog boarding facility in there with some other little things, but it's all inside the existing church building. Um, and so with that, they zoning is Park Forest. It's right at the corner of 76 Rancho Ranch Road and Highway 14A, Boulder Canyon. Um, currently has the CP. They've been operating for quite a few years now, but it has become, we'll say, she's ran a good business and so therefore she would like to add a number of dogs out there now. Um, there was an original, I think it was 20ome dogs originally. She would like to about double that just with the usage that she has. And everything's been running well. we've never received a complaint the entire time that she's been out there. Um, and then she would also like to add a grooming facility. Um, that was kind of already mentioned in her original CU, but now she actually has someone that can, you know, be qualified and actually be out there. She would like to add a cat boarding room. Cats also need a place to go when their families are traveling. So, she would like to be able to add a place to have cats there and then do some different events and site improvements. Um, one of the things that she mentioned at theformational is during big events in Deadwood, trailer parking is always an issue. Um, especially like during the rodeo events, there's not enough places to put those and she is paved and has some grass area out there. So, she would like to allow

them to just be able to park out there with their trailers and have the horses there during those events. Um, it won't be all the time. It's just one kind of overflow area for parking. So, she did include that in this amendment. Um, it's all an existing access. It comes off um right off 76 Ranch and then comes in. There's no flood plane on the property and like I said, we do not receive any. Oh. Oh,

um the considerations are listed in there for the board. You can review those if you have any questions. The conditions are basically the existing conditions that were in place and then we just moved them over. Um, and you can see in here we added the dog area here. Other than that, they're really that because that was an existing condition. So, we just have to show that she can have more than that 20. Um, so that's what that is. The cats and things like that I didn't put a condition on because that's all inside the building, you know. So, it's it she's using existing space. And then if you remember, she also talked about where you drive under. Right now, there's like a little drop off area that you drive under. She wants to enclose that drive-thru area. Um, and that is just a building permit. I don't think she really needs permission as part of the CD to enclose that portion of the structure. So, that's what I have and they are both present. If you have questions for Marta or the builder builder. Okay, you guys can go ahead.

Um, yeah, I don't know if you saw Well, I guess I don't need a C for the um addition, but for cat for cat boarding, we do get lots of um inquiries for cats to board them. Um, and then also for an additional number of dogs um like it in one day, we'll have the daycare dogs and then we'll also have borders. So, it's not always that number overnight, but having both of those two services, sometimes, you know, you need more. Um, but we do have the space for for more. Um, I'm just coming to ask to see if we can add more. Um, I am very, um, good about respecting my neighbors. Even if there is a funeral um, next door, we always make sure the dogs are inside. And um so I'm I'm very cautious and I make sure that everything is enclosed in our little area.

And then the vending um you know I like I like to to do a dog show or something or have vendors out there and um like a food truck um and just stuff for kids to do and um trailer parking for cool dad nights uh for the old cars. they bring the trailers um and then for the rally they haul their bikes and then also for um the days of 76. So I think I touched on all the I was hoping to do out there. Okay. Thank you.

Okay. Any other comments? Anyone? Okay. You have anything else you want to add? No, I don't think so. Thank you. Okay. Any one more time from the public? Okay. All right. Uh thought we'll close the public hearing and bring it to the board. Any discussion? Thoughts? I do have a comment on item 16. It says maximum of 50 plus dogs. That could go to 500. What's the max we're looking at? Well, she asked for 50, I think, is what you had said, right?

So, I don't know, I guess if you want a maximum on that or not. I'm not sure the max of dogs. So, I mean, like I think um if I could ask for like 55,

I think I don't know if you understand. Sometimes the there's a lap overlap in dog the daycare dogs overlap as the boarding dogs come in. My question is, is that still going to cap at 55? That's no matter what kind of dog they are, overlap or or part-time max or do you want to max it at I mean I think you want maybe or I mean I'm just saying would you want to you want to make sure you're not having to come back? Do you have room for 100? Well, I mean, right right now, no. But, um, if I were to ever move out and do addition on to where I'm living, I suppose I would come back and ask

that would be a different Yeah, I think we So, it's current space. How much current space do you have? Current space would be for That's probably 55. You could talk about boarding, right? Yeah. Well, I'm talking cap between boarding and it that's a hard question because it's if they're family, you could have maybe three or four if they allow. We have bigger kennels or smaller kennels or um I'd say I'd say 40 boarding and then sometimes, you know, the most for daycare I'd have 30. So, well, that's 70.

So, that's 75. Just call it 75. We don't want you to get in trouble. We don't want to set a number that's not realistic. Can I ask for 75 then? I don't have a problem. I can't overlap. Yeah. As as long as it's not I mean you you've got rules and regulations. So in terms of boarding, you could put more in than you've got capacity for. So obviously the we're talking the dogs coming in for daycare, people picking but not dropping them off.

Yeah, because I have like a software that says total during the day and I have drop off in the mornings and pick up in the mornings pick up in the and that'll be like total. So yeah 75. I would make a motion to approve CP number 451-26 uh with the amended item 16 to 75. Okay. Second. Okay. Discussion on that? Everybody comfortable. All right. All in favor say I. Same sign. All right. Get her her packet.

Um, one other thing I just realized that we need to do since Kelly's gone is appoint a secretary. move that PJ Secretary discussion. All in favor say I. I oppose same time. Congratulations. Was that Jennings a second? It was okay. All same railroad strategically seating chart. Here we have. Yeah. Okay. Same thing. Send out your notices for the next hearing. So, make sure you just follow the the stuff in there. Okay. Perfect. Because your sign is already up, right? Y. Yep. So, the 26th.

Okay. So, you'll have to probably get those notices out pretty quick again. Yeah. Because that's a quicker turn around. Yeah. Okay. Thank you. So, this is just put this in here. You had a note to have her sign.

All right. Our next item is a public hearing for ordinance 2601. Um, this is also a public hearing. Is there anyone in the audience that didn't hear the procedure for public hearing already that needs to hear it again? Okay, move forward. Um, so this is for Carly Mesner and Highway Service Commercial Zoning District Amber.

Yeah. So this one is to sorry um is just to change the highway service commercial district to include the retail sales and trade. Um we already had we already have a definition for it. It was just never added into the highway service commercial um designation as a C list item basically. But we had the we created a definition for a different zoning district. So we we added it to definitions. It just wasn't put into the list. So in order to do the next application, we have to kind of do a two-part. This would be first. Um and this is a ordinance change. So you guys make a decision here and then it goes to county commission for a first and second reading. So, it's kind of that longer process at county commission.

Okay. Anything from the applicant? Um, took into consideration um some of the parking questions that you had last time. So, we're we're not to that application yet. So, let's get through this part and then we'll get to your CU. I don't believe I have anything for this part yet. Nope, you don't. Okay. Any other comments or questions? So I I I do have Is it changing it from uh residential to commercial or what's the change? Sorry, I did same thing. Yeah. Can you please say your name and I'm sorry. I'm Jan Goodself. I live at 384 Evans Lane. Perfect. Thank you.

Um but I think the question is going to pertain to the next application, not this one. This is just an ordinance change. It's not the actual cup, which is I think what your questions are about, Jim. Okay. So what we're doing here is adding the retail sales and trade to highway service commercial district. So that's a conditional use in that district. We're not changing the zoning on that spot. We're just adding what within that zoning area, the retail sets. Yes. That or any other area that it wise because it sounds commercial, which should have been in there all along. just kind of

highway service commercial probably should include retail sales. So are are you questioning what the area is zoned as now? Was well and I understand it is zoned as R. No, it's not as high as commercial. It's it's this particular district. That's what I thought you were questioning. Okay. So it's already I guess I Yeah, I I was not aware of that part of it. Yeah, I thought it was our Okay. Any other comments? Okay. We'll close the public hearing discussion. Think it cleans it up. Yep. I make a motion to approve.

Okay. Second. Discussion. All in favor say I. Same sign. Motion carries. All right. Next one will be for public hearing for C501 for Mile High Construction LLC and Root Wellness. Okay. So, this one is for Nobody knew, is there? Okay.

Nobody knew. So, this one is the actual conditional use permit. So, how this is going to work is the ordinance change that was just added in will have to take effect before you can actually do an approval on this, which would be normal because this will go to C County Commission or to the board of adjustment and kind of go through that process. So, um when we get to the end of this, I'll kind of explain that, but overall, this is an existing highway service commercially zoned property. Um R2, just to kind of go off of what you asked, that would only be if it was inside city limits. This is not inside the city limits. So it is zoned highway service commercial by the county regulations. They are requesting to take the existing building that is there. It's a it's a house currently. Um, and they would like to be able to put in a retail sales and trade business for professional therapeutic services inside that building, a wellness programming area, and some very limited retail sales that'll be directly related to the type of health development education that's taking place within that building um within those therapeutic services. And then they would be um there's existing access off of the road that's there. Parking is something that was talked about and based on the current square footage of the actual usable space inside that building. They need six spots is all that would be required according to the retail sales and trade section. Um and then with that, um the city of Spearfish has to determine all of the building permits, flood plane requirements, and also the parking gets brought forward as like to make sure it actually gets put in. That's kind of all part of that building

permit process. But we our regulations of the six spots would be required to be met. So they have to provide six parking spaces with the um a spot being for handicapped. It has to be handicap accessible. So that's kind of where our parking stuff goes in. But our process because it's a CUP and it's not in our jurisdiction, they would not do a full development plan necessarily because we aren't issuing the building permit. So any conditions that you put on here, I would then send those to the city of Spearfish for for their building. So, that's kind of how that two-part is going to work with this. Um, because of some of the questions that came up at the last meeting, I did have a team's call um with the applicants to go through the off- streetet parking regulations. You can see that in here. Um, I put it in as a condition that they have to meet the standards set out in our ordinance. And then when we discussed it, they went through a couple of different revisions of, you know, meeting the was it 9 by8? I think it was 9 by8 um space. Can they meet that requirement with where they want to put the parking and and all of that stuff? And so they were able to do that. Um we did talk about the sign permit being issued. So prior to an occupancy permit by the city, they do still have to come back to us for a signed permit. like if they wanted to put, you know, like root wellness out in the front yard or something like that, they'd have to go through that proper procedure to do that, that's also in there. Um, your normal basic stuff regarding water quality, um, and any construction of new buildings would have to go through the city of Spearfish as well. Um, hours of operation I put in there 8:00 a.m. to 6:00 pm. She did ask for it to be Monday through Sunday because there's going to be different

schedules depending on what is going on. I didn't know about that one, but I put it in there as she requested. Um, it is on the Spearfish Sanitary District, so there is no septic system on that property. So, we've always kind of asked that question on, you know, make sure that they don't need extra space for septic. It is on the sanitary district currently. Um, she'll have to do weed control just like any other property that we have. So, those were really the only conditions. Um, I think with this one, it's one of those things that it is directly I mean, it's pretty much surrounded on three sides with commercially zoned property already. Um, and then we did put in here that if it was approved, um, well, you can approve it. board of adjustment is going to have to have a condition at that point because we would have to condition an approval based on the ordinance taking effect if that makes sense. So that's more of a board of adjustment decision than it is planning its owning.

So that is all I have. The landowner is here. Do you have anything else to add, Harley? Or did that kind of explain everything? That covered it unless there's any more questions that you guys have. Okay, we'll open it up to the public now. So, any comments? Yeah, I state your name and address.

Jan Goodell, uh, Spearfish, I live right next door to the south of this property at 384 Evans Lane. Um, and uh, Cole, the person who rebuilt the house, and we were so thrilled when he did, did give us a tour. So, I have seen the inside of the house. U, my concern at this point, and you guys did mention the parking, and I don't know, I haven't seen anything of any changes to the parking that have been proposed. So, I I'm I'm not aware of what that part of it would be, but the parking is probably my primary concern because as it stands right now, I've only ever seen four vehicles parked in that driveway and I don't know unless there's changes made somehow. I don't really know how you would get six in there. Um and so then consequently any additional parking would have to be on the street and the ditch in front of that house has a deep it's a kind of a deep ditch so they can't pull off the road into the ditch because it is steep. So consequently they would be parking in front of our house which I honestly don't have a problem with that. My concern with that is that, and I don't understand why people do this, but when they park in front of our house, they don't pull fully onto the grass. They tend to be partially on the grass and part of their vehicle is on the road. So, consequently, people need to move over. And most of the time that's really not a problem either except probably about in the 3:00 hour

of Monday through Friday when school after school because buses come down that road and a lot of parents with their school kids and the traffic backs up even past our driveway almost on a daily basis because they're waiting to make their turns at the stop sign. So if there are vehicles parked so that they're partially on the street that narrows the availability for the traffic to flow and um I have seen a few close calls over the years and so that does that is a concern that I have. I don't mind having parking in front of our house as long as they pull up to the fence and completely on the grass, but I don't think it's safe for them to park so that they're partially on the street. And I'm assuming that eventually there are going to be needed more than six parking spots within the property because there are three potential offices. They'll need a receptionist. They might have something going on in the garage. So, that right there takes up most of the parking for the staff. So, then where do the clients park? So, yeah, but pretty much what what my concern is.

Okay. Thank you. Go ahead. Um, I definitely understand and also don't want parking on the street because if you think about Evans and how that

gets Yeah. And so in order to fulfill the requirements for the proposal, you know, the the six spots were drawn in there. But other um ideas that um would work is, you know, on the south side, which is the bottom of that there, um you know, we're considering one or two extra parallel parking. um the backyard along that east side, you know, there could be parking as well. Um and so taking all those concerns, the community's concerns um into account. Um because right now there's gravel on the south side and the north side, you know, and nothing has been done as far as parking lots being made yet. Um, but that could be stretched all the way to the east, you know, that where a fence needs to go in. Um, that backs up. So,

um, so they could drive past the house. Yeah. So you could go past the house and into the back then.

Oops. Yeah. Backs up to another parking lot back here. But then So then would you have a fence between your property and Guadal? Yeah.

There needs to be a fence anyway for the backyard if there's any um in programming and um it's a pediatric facility. Um and so a fence needs to be built anyway. Um and and some of those trees that are probably on hard property will need cleaned up um to make space for that. Um but really more so on that south side where I would picture instead of two which were in that diagram you know having like three parallel I don't know am I describing that to you guys you know

um to the east so Evan's line is going along this side okay so my understanding ing was that the backyard would be a playground.

Yeah, there would be play space from the house back to the fence and I'm saying if one day it was so busy and we needed over 10 spots that um is open. Um the most immediate thing that makes sense to me is on the south side making like three parallel spots. Um that would make for a total of

seven um which would exceed the requirements and yeah their their site plan submitted meets our standards. They need six spots and so they're looking you would pull in there would be no parking on Evans Lane. So you would pull in there would be spots in the front yard. Basically, this would become and then two spots over here. So, then the front yard would become part of the yard. Correct. Okay. There' be a little bit of little bit of yard still over here. Okay.

So, it would come in the driveway and have air and here. Okay. Okay. And as long as you know I I I don't have any objections otherwise, you know, I just because there were going to be children involved. I I was concerned about children being on the street because I've got two grandkids and there's no way my kids can even be on that street because it's too dangerous. Okay, any other comments? Okay, we'll close the public hearing discussion.

So, we have a minimum, but they have to she has to take this to the city for six spots is all they'll be required to do. Okay. But but they can submit something. I mean, we're we're this is a process. So, when it comes time to work with the city for the building permits and all, more than likely, they're just going to look at my conditions. Okay? And so in the conditions, it says they need six spots. They'll just make sure the six spots get put in as part of the building. But if the owner wanted to change that, if they want to do more, they could. Yes. Nothing stopping them from doing, right? Yeah. If they want to do more in the back or something like that, they definitely could. Yes. Move to approve.

I'll second it. Okay. Discussion. All in favor say I. Go ahead. Uh, well, I just I'm the vote in favor of this. Um, and I'm concerned about the parking, but it does meet our our our standards. So, uh, that's why I would need to vote for it. But, uh, I am concerned about the employees taking up a lot of the spaces and not having room for customers is my concern. But, but if it meeting our standards, that's that's what we need to do. It's part of their business. They can figure that out. in the street parking. That's law enforcement. It's not our position. That is, I hate to put them in that position. Yeah.

I I do know that I did have a conversation. They're they are aware that they may have to add some spots maybe specifically like have the employees park on the back side so that the front parking is available. Okay. And if I may, they will be driving out forward and not backing out of the propert. Okay. because I don't even back out. I mean, I can't control that necessarily, but the way that it that's why they laid it out so they could back out and yeah, cuz it's dangerous to Yeah. Where's your You're on this side. I'm on the south side. Directly on the south side. Yeah, that's our house.

Okay, we have a motion and a second. All in favor say I. I post the same sign. Okay. Okay. The next item is recommendation meeting for Pro Peak properties. All right. Development plan number 2601.

So um development plans are a little bit different. Uh zoning is already in place. So it is zoned highway service commercial. There is no um additional zoning requirements that have to be met. But with highway service commercially zone property, if they're making a a substantial change or anything like that to what is already existing, then we have them do a development plan to kind of show you how they're going to develop that out. Um, Crow Peak Properties over the years has been very controversial. There are a lot of phone calls to that area um regarding parking, people pulling off the road, um outdoor events, things like that. But it is zoned appropriately. So, um there's really this meeting is not about that because it is zoned properly. It has been there. Um I know not all the land owners down there agree with that. Um, I do know that they get upset with the bands and the different things that take place out there. I recognize that. Uh, so I just wanted to kind of throw that out there because I do think a lot of the concerns that we're going to hear are related to parking and the noise. Um, but that is not really one, the county doesn't have a noise ordinance and two, parking is being met with again parking regulations, number of spots that they need. Um, so this first part is requesting to update and add some parking, remodel the stage area, which it kind of has already been done, but we're bringing it into compliance because it was they started working on it last year. There was some changes made over the last couple summers. Um, it actually kind of helps a little bit because it's a little more designated of this is the area for people to sit in and they're not you don't have cars pulling in and then kids running in and out of the cars

and I think it is a little better to how it is now. But I did ask like let's go ahead and just talk about all these things at once. Um, there is a remodel the restaurant area, the fence area around the stage. um you know, umbrellas, picnic tables, poras, planting grass, like there's all sorts of stuff that they're just kind of cleaning the property up. Uh so with that, um we went through this. I believe it's in compliance with everything. I don't really see anything that they would need to do. Um we will have John Bay go look at them. And again, um over the years, he's gone out there and made sure, if you remember, there's some little markers that got put up. so people aren't pulling out right by the stop sign there. Um I think every once in a while he has to be reminded to go make sure those haven't gotten taken out or driven over or you know whatever. But I don't think we've had much complaint since those went in there. I mean there it's a lot better a more controlled access on that side. You don't have people just driving out. Um and then we would just want to make sure that again city of Spearfish does the building permit. That's kind of how this all started. he went in there to to work through that process and then ended up getting kicked back to us. So, we just want to make sure that we're working directly with the city to make sure as they are adding things that they are always constantly going back to this development plan to look at the parking regulations because that's really what causes that problem um is we just got to make sure they don't lose any parking. And then if you look inside the packet, you can read all of this. This is just kind of his phasing. Um, I did talk to the land owner and we kind of decided to go through this of kind of some phased stuff for right now. He's just looking

at kind of cleaning up what was there. Um, the original design was done back when this first got built and the parking area kind of changed over the years. You know, it just got moved around a little bit. So, ultimately, we had him do a new plan to show that he did not lose any parking spaces to what is required based on the square footage of the actual building. And what's that number? On here somewhere. It is in here. It's probably easier. I'm just curious. I'm learning. Yeah, I think it was 30. Okay, that's five I want to say.

All right, thanks. I can go through it. That's okay. Um, but we just had to go through based on the square footages. Now, that may change and that's what he talked about in here. There's a phase two additional parking and and stuff like that. But for right now, what's there without adding on the we'll say the adjacent property without adding on the adjacent property, the spots within meet the requirements that he needs. Now, if he's going to add on that additional property, that's a different question. Um, and if you look in your packet, he has gone through and and detailed that all out for you. There's also um some information in here for the additions someday, maybe not right away, but someday. That's also in here. He wanted you to be aware of it to show the plans of if they decide to enclose that area. So, and then U. Mark is here too if you guys have specific questions for him.

Can I summarize too? Yeah, go for it. First of first of all, I'm I'm really sorry that that phase one is really done.

Yeah, it was my fault. I I made a sketch working with Bruce, not the engineer, but the guy who draws it all up. And I went into the city to get the uh building permit to remodel pit 14, which is the old bies. And that stage they had out there was falling over. And I got the building permit for that. And they have the drawing and I was not aware that they didn't do the whole process. And somewhere along the way, somebody caught I think when I took the bigger one in to see about bathrooms with them, Amber, you'd sent an email and then I realized that uh there were two parties to work with. So, I apologize for not even bringing print that I drew up first into here. Um really what we did already was fix the problems that you mentioned and listen to the lady at on Lane. Um when I got involved the end October, the place really was run down. Uh they were in severe financial trouble and I decided to partner with them and help them and it was clear that it was a disaster waiting to happen to be quite honest and it's drinking on top of it. They had the stage outside. Everybody would run around on the busy nights and the parking that middle road they had. They couldn't put uh cement barriers in it to define it because when there's no one there, you'd just run over them. It would be a mess. So, I worked with Bruce and the engineer and we just decided to move the cement around to the back fence in the area. And the real the the people who were complaining, the Harrises back there, they're kind of landlocked, he's now really happy because he's got an access that goes straight in off of Highway 14 to him on the new drawing. And we abandoned the one on the side because it really wasn't an access for him. Had a tree in the middle of it at the end. So he had actually people who came in had

to pull into the stage area to even get to his property and most of the time customers parked in that area. So if you went there today, you would see what was there. Short two spots. It was 60 spots. And when we redid everything, it is short two spots right now. But there is a concrete barrier for everything. The people where people wander out of the bar. The fence is done and is completed. The stage is to code and the restaurants back up to code because it was not to code out there. The real phase two I stopped on uh which is actually to help. It's way above the parking we need, but to be quite honest, when you have a big man there, you need all the spots. And it's once or twice a month. So, um the the other property, the guy who owned it, I forget his name, uh that I've requested, um I actually entered into a contract to buy the whole property. Uh but then my friends, uh moved up from Phoenix with us. They bought the house and I entered into a 99-year lease with it's recorded too I believe now with a first right of refusal on it. So I can never lose the lease and u one day I'll just buy the property and make a part of it and maybe one day if everything works we'll buy the rest of it down the road but that's way down the road. I'm waiting to get approval so I can gravel that spot right now uh over there because it adds it brings the spots up I think to 78 on the plan which uh we had the biggest day ever on Friday that since I've been involved with them uh parking and there were only four people parked out on Evans Lane and had I had that done the parking would have handled it with 78 which I think the community will appreciate it. The fences are up in the back. It's It's muffled the music. I It's way better than it used to be. It was a lot of problems that I found and it was not sustainable the way it was.

There's a piece you look on that parcel that I I could do it today, but there's like a I don't know what you call it. The guy, the homeowner had a fire pit thing out there, and that's the part that I would eventually take another 10 spots if we ever build on to it. Uh the the print you have shows a covered deck on top of the existing deck. I don't think we'll ever do that. Um the only part we'll add is more bathrooms outside and a big storage area for beer. It won't be any more customer space because it's pretty much maxed at what it is right now. So it would be only brewery space we would ever come back for. And even if we did that, we would we would do the other spotting on the other uh I think it brings it up to 99 at that point. So, it's really about fixing the mess that was that was there. And if you guys go there now, I think you'd see a big difference in it. Um, and it's a lot safer. And I think the neighbors are happier. And I've even the Harrises. I was out there at the Friday night and we even went back and put a barrier with private signs now uh delineated because people were still driving into his property. and him and I said if that doesn't work we're going to build a fence there and we'll put electronic gate that only we can control. So he's happy and you know

and you're talking right here right this is Harris. Yeah because there's no way in and out there. This is his access. He comes out right through here. He has to drive through the parking lot and that's now the new dedicated one they got recorded for him on the side for him.

He's happy. Then Saturday we built that little fence and put no private property signs up and all weekend long it worked. So I think we've solved the problem there for him. So okay. So basically what we're looking at here the first phase like I said is to move he was asking for permission to move the 10 parking spaces from the north side to the west side. I will tell you it's already done. I mean, he he did do it, but he wanted to spell it out for you to so he could show you what you know what he did. Um, the patio and stage area with the fence for Betty said, that's already happened. There's a barrier now around so they can't just run out. And that's you can kind of see it. This is not current imagery. This is what it used to look like, but if you go there now, this is that parking area that was causing a little bit of concern here because it was right next to where people were at. So, this is all got fencing sort of around it. The stage is down here and rebuilt. It's not just the truck bed that used to sit there. Um, the access easement for the Harris property, it has been recorded. We checked on that. So, it's actually a recorded easement now, which is is good. And that's coming in and out of here. Um, and then the old access was fenced off at both ends, creating a secure enclosed area. And then you know the buildings over here have you know remodeled and there that all goes to the city of Spearfish that their existing buildings that was all included in their parking. So that's kind of that first phase which he has completed already but now it would be included in this and just for my education. So how far down that up? What is it? self.

Uh uh is is it zoned um highway commercial? I'm just cur again I'm just trying to learn because across the street is two parcels. Okay. Just those two. So the one that was purchased Sure. here is where he would like to extend that parking into this area and then basically the one across the street which is Carly Mesner which was right before him is this one here. Okay. And then it goes, you know, the the campground and you can kind of see it's all here over here.

I periodically have experience down there and uh yes, he has improved it immensely and this additional parking will make a world of difference for everybody around them. it. Again, as we said earlier, you you can't control people and they'll park in odd places and ridiculous places, but um yeah, more than meeting his requirements and cleaning it up and yes, the music's directed properly and everything he said is very nicely done.

Yeah. So, I think the the one question, and this is kind of to re Bruce, you'll probably have to maybe do something with this, but we've never had the situation, the 99-year lease, you know, we were waiting on that. We got that, and that would be for the additional property that he does not own, but he has an active lease on it. Um, from what I can tell in our parking regulations, there's some verbiage that says that basically as long as they can prove that they have a perpetual, you know, that it doesn't go away, that if they put a parking lot in, it could always be used by that commercial property, we could do it. So, I think we would just want Bruce, if you guys choose to do that and you include um that phase two, which is the addition of the parking, I just want Bruce to probably double check that lease and make sure we don't have any issues. Do you agree with that or do you

I don't It's been Did it get recorded? Actually, I think it did. It did. You guys changed something and we had to redo it and it got recorded. But on it, it's it's based on a 10-year AM. You don't see that and what got reported, right? It's based on a 10-year AM, which we actually own it after the end of 10 years.

That can't be changed. So, it can never be according to our attorneys for me, it can never go away from the property. So that would be the only thing I knew Bruce did not have a chance to look at that recorded lease yet. So that would be something. Um but that was the phase two that he has in his packet is that portion. So if you approve the development plan I would like to specify phase one has been approved. That's done because he's already done with that phase two and that would be the 99-year lease and then the site plan showing the additional parking spaces. Um, and then I don't think

these three I would come back to you all. Well, and I don't know in all honesty if you meet the parking requirements I think it's just going to be a building permit. It would basically be when they add on to the building. Yeah. Um, but I I think it would go as much as I mean we could come back as a as another development plan if you wanted to, but ultimately the parking just has to be met.

So So you would be just so everybody knows you're it's phase one, phase two, and then that that last part. and he would like he said he would come back and you know if he's gonna add on to the building any other discussion uh so this one we need to move on approval recommendation Yep. You make a recommendation to the county commission. Okay. And then they will hold a public hearing at county commission because that's how development plans work. Move to approve. Okay. Second

discussion. All in favor say I. Same sign. Motion carries. Okay. So here two seconds here to make sure we got that. I forgot to Okay, that's all we have then for that one. Okay, our next item is variance number 222 for St. Lens Volunteer Fire Department.

All right. I'm going to pull it up on the map because it's kind of

Well, this is a long time coming project. I can tell you that much. I don't know how many times we've talked to the fire department about this. Um, so this is in St. H where there's an old there was an old fire department building there. Um it was a commercial building I believe throughout building. Yeah, it was an old building. Um and they have been going through processes working with property owners. They had to work with the was it the water district? The water St. O water and sewer cup.

Yep. To get to make sure that they could have you know water and sewer there because it is a small lot. Now, this is one of those areas St. An's we'll say is different because it's a township when it comes to like the water and and stuff like that, but our zoning regulations and our building regulations are we still do that. So, the county does all of those things, but the water and all of that we don't control. Um, so they had to deal with those situations first. There was an old alley that went through, you can still see a portion of it, but it actually went through here. So they had to go through that process to deal with that old alleyway and there was all sorts of fun things. Is is that the main road that's going there that that goes

This is um the highway run. Yep. The highway here. Let's turn some of these highway to the highway. Yeah. Okay. All right. That's okay, Amber. I just wanted to clarify that. City maybe. It must be it. There we go. Show. Yeah. So, here's your highway over here. Yeah.

And then this is the railroad grade there. There's the railroad that runs right there. So, that's your railroad area there. And then you have the property here. Um so they because of the location and how narrow that lot is, they are requesting a variance to be able to build um the new fire station in there. And it's they're requesting a 23 foot 7 in variance to the front setback requirement of 25 ft off of the railroad rightway. So it's not this is just weird because we have a road then we have a railroad. Um, and we can do that, but because a railroad rightway is a public right ofway, it would be the same. You still have to go through the variance process. Um, and then if you go through their packet in here. So this kind of shows you it's going to be on the non-s skinny part we'll say is where they're going to fit the building right in here. So this is that corner. So the rest of you know up here it's meeting the setback but it's this little triangle of the building that will not meet the setback. So they tried to push it over as far as they could to be 10 foot on the other side 25. Um, but even if they pushed it all the way to the property line on this side, they still couldn't get it out of that right away. I shouldn't say that. The set back to the rightway

and there was 75 ft to the tracks. There is 75 ft to the actual railroad. Yep. So you got quite a distance. That's That's if we granted them the variance. Yes. That's if you So it's 100T right now, right? Yeah. And and what's the requirement? 25 foot setback. It's it's to to the I mean does the fact that it's a railroad it's just a public right ofway. So it's a 25 foot setback for any public right ofway whether that's the road or in this case it's a railroad. Okay.

And the railroad rightway is a 75 ft rideway. So you actually took the road you're 75 ft plus the railroad plus probably another 30 feet till you hit the highway and the 10 foot is the right side set back 10 foot is the is the set back on that side. Yes, on this side.

So they meet the setback on this side and they meet the setback on the front of center street. But because this is a public rideway, so in theory, I could have considered that a 10- foot setback, but because it's a public rideway because the railroad grade is there, it's a 25 foot setback. Does that make sense? Even though that's not they're not driving in and out of this way. They'll be driving here. So there will be no vehicles coming in and out of this side. They'll be coming out on the center street. So, it's literally just the corner of this building. So, this is one of those situations. Um, you know, a fire usually with other buildings, we've issued variances and we've issued floodplane things. Um, Brownsville Fire Department is a good example. You know, it went into an existing old building. They moved it from their old building into their new building and there was some variances issued on that one because it was an existing structure. And then they added on that stall. So, in order for it to be even all the way across, um, we had to do some stuff with that one. That's in a flood plane, too. So, fire departments are usually kind of a little bit different because it is a public entity

for public service. For public service, they're asking for Center Street is the main drag that goes down to the sailbar, right? Yeah. Yes. Yes, it is. I'm I'm a block off here. So it's right when you come out it'll be right there. No, it's a block the other direction. Yeah, they bought they they had to get out of that one to get into the new one. And there's there even a road between there and the and the railroad. Um other than just a little dirt track or something much that this is what it looks like.

Yeah, there's nothing there. So this old um second street went through it and that's what they had to go through with St. An to vacate that to get rid of it and they did. So that's why this took So you're possibly suggesting that you approve the variance due to the fact that for health and safety factor of it being a fire department it would meet the necessity necessary requirements to become a variance. Yes. I I think so if you deem it to be your standards we get to see it again at the county level. It does go Yep. process.

I'm not going to make a motion like that. We could Mr. Chairman, here's your Whoops. And are they also asking for a fee fee waver as well? Yeah, they would also ask for a fee waver, which normally public entities we we do that too. So, you're looking for recommendation along that pass along to the county commissioners as well. Yep. And here's your should we reasons address those as separate issues? Yeah, waver. I don't have any problem with the fee waver. I would move to wave the fee. Okay. Second. Okay. Any discussion? All in favor say I. I. Fees waved. To approve their plan.

Okay. Um here's your reasons for that.

Yes. Those are good reason. All three of them. Why not? He thinks it needs all three. Is that okay to put in? Yes. Okay. I like yours better. Can I see? I I have a question. So, you don't have other options. I mean, that's the property that you have to put a building on. Yeah. Woody over St. Anon fire deputy chief secretary. Um yeah, the the property was generously donated to us by the Furb family

and we outgrown the existing hall that was built in 1950 quite a while ago. This took, you know, for us, our building committee has struggled with trying to design something that would fit that kind of oddshaped lot. And to get the the best bang for our buck for the taxpayers's dollars, um, having a rectangular building is a lot easier to build than a strange shaped building to fit the setbacks and stuff. So that's that that is pretty much unless I win the lottery, but that's that's pretty much our option right there. Mr.

Mike, would you say as part of your motion that you find that the granting the variance is not injurious to the neighborhood or detrimental to the public interest or welfare and that there are special conditions exist on the property um because of what's been discussed here so far today that uh a variance is necessary and that uh denial of the variance would create peculiar and exceptional practical difficulties or undue hardship. Yes. Thank you. Incorporate that in your Well, there's nothing that's ever going to go in between there in the railroad anyway because the railroad's not going to give them an inch. That's really not a safety issue there either. Nothing room

and straight straight through there. Second Mike's motion. Okay, discussion. I want to stay consistent with my ideas of not allowing variances like this, but in this condition or in this particular instance, I really don't have a problem with it. Thank you. So, okay. All in favor say I. I. All opposed. All right. Okay. Mr. Chairman, so it goes to the board of adjustment next and it's scheduled um for Tuesday, May 12th at 9:00 a.m. So it's just calendar. Yes. Okay. Perfect.

Mr. Chairman, county commission, of course, it'll require a 2/3 majority by state law. Okay. All right. Next item is recommendation meeting variance number 223 for DD storage units. No, looks like Trent. Trent, are you online? Hello. Yes, I am.

Okay. Okay. All right. So, this one is the storage unit buildings that you approved here not that long ago out off of um Roford Road. Trent is the first to say that he messed up. I'll I'll throw it out there, Trent. Um they did do a detailed site plan. They did have the engineer go out there and do it. And Trent was off by four feet. They poured the concrete. The concrete is in. Then Trent re checked things and determined that he was off by four feet or in a little bit, I guess we would say. Um, so we met out there with him and John Bay and Bruce and we looked at it and we stopped construction. So, we said you can't go any further until you guys either one of two things. Get a variance if you if the board will allow it and or take the concrete out and start over. Um, that was kind of the two options. Uh, with that, I'm probably going to let you talk, Trent, just to kind of you can kind of go from there because the last time we talked, you were still working with your company to decide kind of what the options were.

Yep. So, uh, Trent Walters, I work for A2S project manager, address, uh, 120 West Hudson, Spearfish, South Dakota. Um, so, so this arose as a error in a CAD drawing, um, through a setting and we, uh, typically we would set those corners and check off of existing corners that had been set for the lot. Those corners had not yet been set by the other surveyor. Um, so when those were set, the contractor did put the building right where I had staked it. Unfortunately, as Amber mentioned, when I went back to verify prior to the building going up, there is uh 4T into the 25 ft setback, 4.1 ft, I believe. And um so we did some discussions with the owner. Um in order to make that change, the whole foundation will have to come out. Um so that's that's what we are attributing I guess for that hardship item. Um it's quite a substantial cost for that. And so that's that's one item. Uh, another item I think is relevant is uh, this wasn't uh, we weren't cutting corners. We weren't trying to get away with anything. We did we followed the process and it was an honest mistake on my part through the drawing setting that shifted that property um, line. Um uh another item when we met out with the county members that is a 66- ft ride ofway on Roford Road. Um you don't always get that in the county is what um John had mentioned. So that that in my mind does help the situation. So we're not right, you know, next to you. We don't have a

smaller ride ofway than what's typical. 66 feet is pretty typical for a section line right ofway. Um the other item is this is the back of the building. I I know it is a front setback off of Roford Road. The access is does come off of um Black Forest Road. So cars coming in and out don't use Roford Road and there won't be anything on the back side of the building as far as parking or any activity going on. That's that's the back side that you see there. Um, so there's still a 20 foot area from the back of the building to the property line that gives a a buffer in between. Um, it's not that 25 ft as as we had planned in the development plan. And then uh just one more I this would be just for this single foundation. The owner does plan to continue building south. Those buildings will be in the, you know, the correct with the 25 ft setback. If this is if this is allowed, well, regardless, those will be there, but uh this if this is allowed, this would be the only building um in that area that's that four feet um into that setback.

So, um when John and I were out there w with Bruce, John requested that um before John made a you know, one way or another before he looked at it, he wanted to see where the property line was. And so they requested that um Trent had I think it was Lauren went back out and actually flagged like this is where it should have been. This is where it is. John wanted to look at that to make sure it wasn't going to cause any undue problems of like if he has a plow, you know, going down Roxford Road or anything. Was it going to cause any issues with where that was? And John did say that he overall it's not going to cause a problem. Um but ultimately, you know, it did not meet the 25 foot setback. It is not in the right way, though, and that was one thing that John was concerned about just to make sure that there wasn't a weird, you know, jog or anything. So, he did have a mark the rightway and went back out and he is in agreeance that it will not it does not affect the rightway area. It's just a setback.

Yep. Although the picture doesn't show it, but I one thing that I noted just for your consideration, you can see there are trees in some spots that are between the roadway and the uh the property line as well, not in that particular location. So I look at it in terms of clear zone issues as well. So in some circumstances, there are trees there too. So this is where it still sits today. They didn't get any further than the foundation. All of your ports are in. there's, you know, drainage, the bathroom stuff, but this just kind of shows you um this is a preliminary drawing. So, this is one of those situations I, as always, in this case, I did recommend denial. Trent knew that. Um, that's pretty normal for a structure like this. I'm going to recommend denial of it. I do understand the hardship for it. Um, but it is your guys's call as to what your thoughts are.

Okay. Uh, my thoughts, I guess just kind of bluntly is that we're professional people dealing with professional things and when you make a mistake, you should fix it. I agree. I see it very different from the last issue that we have. I would make a motion to deny. Okay. I'll second. Mr. Chair, y

TJ, as part of your motion, do you find that the variance would be injurious for the neighborhood or maybe it's not necessarily injurious, but you don't find that there are special conditions that exist? uh according to number two um because it's sort of self-imposed and that doesn't deny the variant does not create a peculiar exceptional difficulty. Yeah, it was a surveying error. Okay. Yeah, it's it's unfortunate. I mean it's beautiful pad but it it's a mistake that needs to be fixed. Yep. So we have setbacks for a reason. Okay. Any other discussion?

All right. All in favor say I. I. Okay, Trent, this is on the agenda in front of the board of adjustment on Tuesday at 9 a.m. So just it'll turn around and go to the board of adjustment which is at the county commission level. Okay. Okay. All right. Thank you. Bye. All right. Informationational meeting for ordinance 2602. any I don't think there was any I think it was unanimous. All right, you ready? Yep.

Um the next one is an ordinance 2602. This was the two things that we had discussed last time that I said we would be having come up, but Bruce and I kind of worked on some wording. One of them being we would like to propose to add under the general district provisions at the very beginning of the zoning ordinance a general statement talking about classification of unlisted uses. This would help in those scenarios where we have something that's similar to what's on there. Let's say it talks about a um I knew I was going to forget my example. Tea shop.

Yeah. Coffee shop versus tea shop. or let's say you have somebody that wants to build a building that the parking is going to be the same whether it's this type of structure or this type of structure. It would give us the ability to say, "Well, it's a similar structure to what's already listed as long as they meet the parking regulations, the sign regulations, the different things. We could allow it without having to go through that whole like like we just did where we added retail, sales, and trade to commercial. We have other things that are like uses that we could have made work, but it just didn't because that wasn't the process. So, this would be a general classification of unlisted uses. In order to ensure that the zoning ordinance will permit all similar uses in each district, the board of adjustment upon its own initiative or upon written application shall determine whether a use not specifically listed as a permitted accessory or conditional use in egg, residential, park, forest, rural, residential, SRD, it's all the districts shall be deemed a permitted accessory or conditional use in one or more districts on the basis of similarity to uses specifically listed. So it would still mean that the person would have to write they would come to me and say I have this idea I want to do this. We would then have to do a written application that says hey I would like to see if this is a unlisted use and then it would still go before the board of adjustment and they would make that determination. So, it's not me making the determination, but it's an option for people.

So, this would be the wording. It sure would help on a lot of situations extremely today. It was more confusing than anything, you know, when it that we had to add the ordinance in before we got to. Uh, is is the wording that this is changing the wording that's in this book? We have no wording in there currently. So, we're adding a separate. It says the listed conditional uses under each district are illustrative of those. Um, so what section other uses may be allowed which are not listed provided they're not contrary to the intent. I'm looking at 253

5.003. That wording would stay in there. Now we're going to be adding 5.6. I guess I guess I don't understand why you needed it. You've already stated it. I think it's this is makes it clearer. I I wouldn't read what you're looking at to mean this. I guess if you guys want to determine it that way, you can. But I so I'll pull it up so you guys can see her wording. Mr. Chairman. Yep.

And so yeah, the intent here is not to have some kind of strained reading to allow things, but it's you know to give a reasonable reading to things um to give you some flexibility again reasonleness here. Uh it's not an attempt to circumvent any decision making. And obviously it would always go back to the board of adjustment as well. Nope. And they they could say no. And it would require somebody to come in and amend the ordinance accordingly. Okay. So, well, Go ahead.

No, we've just had so many things that are very similar to what we allow and then we have to make them come through and change it or non-conforming use or not nonallowed use. go through the process where we have a little flexibility. We allow a coffee shop instead of a tea shop or vice versa. And it's just the coffee shop was labeled but it didn't say it didn't say T. So we couldn't approve it. What we just approved was a retail sales and whatever. I mean I'm that seems like it's very generic. That's what widen that's not specific zoning. This opens it up.

No, I wouldn't say that. That's exactly why I don't want to continue having to do that because we already have things in there that I could have made that work, but I didn't have a way to do it. This allows them to make an application to the board of adjustment to ask for that. This wording that you have here, the five 5.003 does not give them. It says it may be allowed. Well, how do you do that? 5.06 06 will say you can make a written application to the board of adjustment asking to do that. It's a process that kind of lays out the process for him.

We don't have that process right now. So right now it would be am I the one that is saying it may be allowed? Are you the one that says it may be allowed? Is the county commission the one that may be allowed? Or it goes through the process

or you go through an ordinance change. Well, right now we've always said, "Well, if you want to request the change, you can, but you have to go through the ordinance revision, which is what you saw earlier today." Now, they wouldn't have to do that. They could do a a written thing directly to the board of adjustment saying, "Can I do this? Does it look like this item on the list?" They would ask the question. And right now, we just don't have a process for it. So, I think that's really the only that's the way I see it is it says we it may be allowed. Well, how how do I how do I tell them it may be allowed? I don't want to make that call. I want the board to make that call. Sure.

I think that allows for a more deliberate and transparent kind of decision-m process as well,

Mr. Chair. So, I I understand the need for flexibility in this and I appreciate that fact, but I'm I'm just concerned that when somebody from the public wants to go in and and buy something next to that zoning district, they need to be able to look to see what those allowed uses are. And if we put that flexibility in there, they don't have that that definitive what those uses are. And and that's what bothers me about this. We're we're using the example of co coffee shop and a tea shop, but that's that's kind of a no-brainer. I think once you give the power to a group to decide what's similar, it might be a little too flexible.

Okay. Any thoughts? Okay. On this one? Well, it's it's a this is just an information meeting anyway, right? So, we don't vote on it. Well, and I just you could just mull it over. You could mull it over or I don't necessarily want if if this board doesn't like that. I don't really want to have it go through a full public hearing. You know, there's no point in because I have to put it in the paper. I have to do all the stuff. No matter what, I think the sign regulations I was told to do that one. So, that's a little different. Keep in mind, I always look at cost. I don't want to pay for something

little things. But if you don't want to do it, I'd rather just know that now and I don't know. Is there some wording changes that would make you comfortable with it or just Well, I don't I don't think so. I'm not sure that I would want to go any further than what we already have. Okay. However, the thing we just approved today by changing the ordinance, the highway service commercial, the retail,

strictly highway service commercial, and we've allowed retail sales in that spot. We go to the next level and is we have a first reading, a second reading on the ordinance portion, right? So, we what do we do with the other part until those two are done? I mean, it just kind of drags it out and makes a little confusion towards the end and uh little flexibility. We got to rely on our board. We, you know, but we just we don't want to be circumventing the public process either,

Mr. But I but I want to clarify this doesn't mean it's an allowed use. So, they still have to go through the cup pro. They still have to send public notice. They're not they're inventing that. That's true. It's just literally can they apply for it

without having to do an ordinance change? And that's the part that we used to do it all the time. I'm sorry, but we didn't have a detailed list. So I I think it seems to me that um we've kind of had this come up before where I think Amber has allowed applications to go forward sort of using the same principle and you basically made the determination that it's I think it's close enough and so they get to go forward. So I don't know that this is anything unusual from what you you've done in the past really at certain points. Uh but it does add a process to it. um you know so if you don't pass it you know that's all good but again at some point someone's going to come up with a similar use and it's going to be up to staff maybe to try to sort out whether it's close enough or not. So ultimately what do we do? We're going to have to present it to you I I guess for you to decide if if it fits or not or if they need to try to whoever try to amend the ordinance. Right. So I I I guess do we end up in the same spot no matter what? I'm trying to think that through.

So does this actually make it more stringent than what we've been doing? it it adds a process to it. Um, you know, that's all it does is it and and my take I do not make that judgment call anymore because I've had commissioners in the past say that's not your call to make. So, I stopped doing it. I haven't done it for probably five or six years now.

So, now every single application if they want to do something that's similar, do you know how many times I get questioned by the commission? Well, why'd you make them come in and ask us that? Of course, it's right here. Well, because I don't really have a tool to tell them it's like this. So yes, you can apply for a cup. So it all it is is process for you guys. I really don't care. It's just sometimes I hear, man, we have a lot of stuff on our agenda. Don't we settle it by the informationational anyway? I mean, no, because they can't apply for a C if they're not on the list. So I tell them they have to go through the ordinance revision.

Oh, sure. where we could do it informational and they get a bad vibe, they can go through the ordinance part but or we just shut them down at theformational. Well, it would just be it wouldn't even be anformational. It would just them coming to you to say, "Hey, I have an idea to do Sure. whatever it is, would do you think this is close enough to one of the things already listed in the cup list?" If you say yes, then they can apply for the CU. If you say no, then they don't get to apply for a CUP and they probably wouldn't go through the ordinance process at that point. Well, they have to.

I mean, they could, but I'm not one to really want more bureaucracy. I mean, this thing is monstrous. But by the same token, I also believe we need to be as transparent and open and give the public as much opportunity as possible. And this seems like it shortens that and so things might get through. I don't know. I I I I've learned, as have lots of people recently, that um zoning the zoning in Lawrence County is very complicated compared to every other place that ever lived. Uh and that the what you think it means by a particular zoning top title is not what it really is. Uh but people don't know to even look at that. So I just think to have it rush right to the board of adjustment and not go through a process is not as transparent or

it goes through here first and then to the board.

And really in a sense that's this very similar people. So maybe it just drags out the process. Like I said I don't like bureaucracy but there's just something about this that doesn't feel comfortable with me. Okay. Okay. So, let's move on from that because you get I mean it's an ordinance revision so you guys can decide. The sign regulations um were the campaign signs and that was asked to clarify campaign signs because it it wasn't real clear in our when we redid the zoning or it was kind of a weird little bucket. And so what Bruce and I did is we went and found what current state law says keep in mind in state law it specifies municipality. Well, we're not a city, but in theory, we felt that it should be the same language whether you're in a municipality or you're in the county. So, we opted to just take the same language from the municipality ruling, but take out took out the word municipality is is really all we did. Other than that, it reads the exact same as the state law. And it does not have a size requirement. We did double check that there is not. Some counties do. We used to have a 4 by8 size requirement, but to be consistent so you don't get in trouble with and that's kind of what Brenda wanted is to be consistent with what she has to say. Like if you're inside city limits, she would rather it just be across the board the same wording so that we don't have to remember well this is this and this is this. Um, so there's no size restriction, but um, it would be that it cannot be up the property owner beginning no later than 10 days prior to absentee voting. So when whenever absentee voting is supposed to start, they can have it up 10 days prior. Um, or general election, you know, it kind of depends on on what it is, but in our

we have absentee voting, so you can do that. And then it has to be down um it can be displayed throughout through election day and then they the display has to be removed within seven days of that election day being done. Um and then for the purposes of this section the term campaign sign means a freestanding object identify and urging a person to vote for or against a particular ballot question or candidate for public office. So, what that means, it has to be a freestanding sign. You cannot put a trailer. So, I I'm just going to throw it out there. I had a discussion with Mike Davies, so he knows that trailer would not be allowed under this because it's not a freestanding pull sign. Um, and actually then that would bring it into compliance because we don't usually allow um a trailer to be used anyways for a form of a sign. That's in another part of the ordinance. But because it was a campaign sign, I didn't have a ruling for anything. So if this goes into effect, that would not be allowed, let's say, next campaign sign. For now, it's fine. It's there because this ordinance is not in effect.

Could I ask about the signs that are on fences and people's property, not in the ground, because that would impact those, too. And there are It could except for there's some things like if it's a if it's the metal I know the little things that No, I'm not I'm I'm saying those would be acceptable, but people have them on signs. It could be a freestanding It could be a freestanding sign on some of those because it's a post. Yeah, but it's attached to an existing, but that's still a post. I think it would be okay. Well, I think you would need to clarify that just because

I think this is I've actually gone around and kind of seen there are a number of candidates. I think you just need to be clear so it's fair for all the candidates in terms of what they can and can't do. I don't think anybody's we've never said anything about campaign signs except for it used to be a 4 by8 that was what it was and then meeting um we used to require it to be out by a certain time. So I think if you go with state law they can have it up as long as you meet those dates. I don't think we're really going to get into it too much at least we haven't in the past. Yep. Go ahead. My question is or or what? I mean there's no fine here. There's no nothing. I mean

I think there there would be as part of the overall ordinance itself the penalty provision a violation of it. Ma'am, Mr. Chairman. Mhm. Um, so yeah, this wasn't a reaction to any particular candidate that highlighted the fact that inadvertently I think that existing provision got taken out and we didn't really have much in terms of signs. And so again, we went with the state law,

state law. Um, I don't know that the county wants to get involved in policing political signs um at all. Quite honestly, uh, we haven't really had a problem in the past. that's not what's going on here. I think it's a reasonable restriction. Um, it should be just fine, I think. Does it make sense, everybody? Yeah, it I I went out to Grock and and put in free standing. What does that mean? And that truly means you take

something and you stick it in the ground and it's free. So, I'm just I just want you to be aware that freestanding if that's what you're using and I and um there are other there are candidates out there who are attaching their signs to other things that I would not call freestanding and that might impact them too and there might be confusion. So, I I I just think we need you need to be aware of that. If I were enforcing this I if it's attached to building it's not freestanding. Yeah. That's what about to a fence because there are a lot of them on fences fences around properties. Do we need a definition up here of what freestanding is? Yeah. And I'm just saying if you want to be really clear going forward.

I understand the point of freestanding. Um I get it. I just don't know. We can make this really complicated really fast and maybe we have to. I don't know. It's never really been a problem in the future in the past, right? Uh again, I I don't know if it's if it's on a fence. Maybe it's not freestanding, but is anybody gonna complain about that? Maybe they will. Uh I don't want to set ourselves up for failure either, but I don't really want to over complicate honest people honest, but I mean they can judge whether it's and it's better than nothing and it's following state law. So I'm for just doing this about it.

Can we just reference state law? No, because the state law references municipal. That's why we had to put it in there because it's municipality versus county. It just it muddles the waters. Everybody's comments are well taken. I understand. Right. I just Mr. Chair, just question for does the state law def I don't know that I don't recall that it does quite honestly um that state law does. So I don't know. What does it say? a sign supported by one or more uprights, poles or braces in or upon the ground and not attached to any building. I think a sign

a fence would be fine. I would consider that being in the ground. Anything on a building would not be, but that keep in mind that is only in the county, not inside city limits. It probably wouldn't wouldn't apply. Well, it wouldn't allow for attached to um a trailer. I don't think that probably it doesn't sound it fits that definition. So, it would impact that. which it would anyways like I in in Mr. Davies and I talked about that is he he we we read the ordinance and he's like well okay I kind of understand but since we didn't have this wording and I'm actually not referencing yeah that's the only one that I

I'm I'm referencing two other candidates one for a um one for a commissioner and one for a another office that are on fences. So, but the fences would I would that is an upright pole or brace in the ground. Okay. As long as it's not on a building, which honestly in the county I don't see a lot of them up on buildings. I guess I don't know. Trailers probably would not. So, what do you need from us on this? Just move forward on that or

Well, one of two things. If you um would go to a public hearing on the entire ordinance, it's going to include 5.006 and 8.004 changes. If you feel that I should remove the classification on the listed uses and not have that go forward, I can do that as well. If you want it to go forward as is and then make a decision on it, we can do that as well. Are these tied together? If I do a public hearing, I can't separate them. Mr. Chair, does that make sense? We could you can do one and then do you have to do the other one later? I have to do two different ordinances. Got so in the same

because if not I have to start all over with it. So, if you really want me to, I would rather pull out chapter five, classification of money you listed now before I schedule it for a public hearing because I think the campaign sign that part would I was already told to go forward with that. You know what I mean? So, I don't really that public hearing wouldn't be till after the primary. So, it would No, the public hearing would be next month, right? After this, this doesn't apply to anything. It doesn't impact anything going on. No, anything right now is fair. This would be for for next time there would be any election potentially the general election, right? Potentially. Yes.

It uh does our current sorry does our current uh sign policy it states that they've got to be removed within so many days after the election and everything. Well, right now under off premise is the only place I could find it. It says political campaign signs provided the signs are removed within 5 days after the election. That's all it says. And that's what was causing the problem. And because what was happening is people were calling Brenda saying, "Well, that guy already has a sign up or this or that." And yeah, they were going up early. Well, we don't have a provision one way or another. So then she would refer to the municipality state law. So the best thing to do is just match the law.

Mr. Mr. Chairman, my feelings on the classification of unlisted uses, we all we've all worked through the the process as far as cups go. I think we've got pretty good definitions and if it is something off, they need to come in and apply for it. So, I I guess I'm not for that at all. I would just soon throw that completely out. But, uh, I guess that's just my opinion. So, can we do a nonformal vote? I I think I know enough that I'll I'm just going to change

20 2602 will just contain the chapter 8 sign regulations. They're fine. I think I would like to address them as separate issues. I'm not going to say I'm for or against the number five one, but they're se they're far enough apart ideas even though they're really close in the ordinance that it's going to they're going to muddy the waters for each other. Good point. Okay, jump on that. All right, preliminary plot for Joel and Rachel Graham. Oh, and the weed report was

Yeah, the weed report was um listed. We usually try to bring that up. So, so is is scotch thistle is that one of the bad ones? It is. That's why. Okay. Because I knew all the I kind of lump all the thistles together as being bad. So, I just did that. So, so they they now will have to come up with a plan. There's no requirement. It's suggested that. Oh, okay. Okay. Thank you. Rebeccates.

So, this one, this is kind of funny, actually. Uh, when this property was originally owned by the other owner, he subdivided this out into three parcels, and now this owner says, "Nope, we just want it as one." So now we're putting it back together because it was all one. It wasn't three and then it was one then they divided it into three and now they're going back to one separate. Good idea. It works. Move that ac. Thank you. Discussion. All in favor say I. Same sign. Motion carries. It is approve. Second discussion. All in favor say I. And I post some time.

Are they too fast? What are we? It said motion to just approve. Is that preliminary? We had exempt first. Yep. And then preliminary and then you did not do preliminary and final together. Did you? Yes, we did. Okay. Sure. So motion to approve preliminary and final plat together. All right. Preliminary and final plat for back construction in this real estate.

Okay, one second so I remember. All right, construction. This one is the again to do a lot revision taking five lots revising them down into three lots. There currently is a town home on lot 1B. There are no improvements on the other four lots. Subdivision subdivision is zone suburban residential. Um allows for the lot size. The infrastructure is in place. Water roads utilities are in place. They have an HOA, community water system, and wastewater treatment facility. Um fire plan was built into the original development plan. Well, they're basically just making them a little bigger. 53 move approve the preliminary.

I I I just have a question. Has nothing to do with the vote. So, did does do things like this have to go through the HOAs first or the HOA is irrelevant? HOA is irrelevant usually. I'll second it. Yep. They don't have any zoning today. Okay. Any other discussion? All in favor say I. Post sign. Motion carries. So, that was preliminary and final by the motion. Yep. Yes, it was. Yep. Um, okay. Now, get out of here. preliminary plat for Jeff Miller.

Okay, so this one you guys have seen a few times. There was a layout plan. We did include the minutes um to kind of refresh your memory from that. And if you remember at that time there was some discussion on the um basically on the length of where the culde-sac would start and end is probably the best way to to put that. Um the area is own park forest. 10 acres required to subdivide allowing density for the four new lots. The owner previously subdivided through the city of Spearfish. Four lots in the upper north corner when this was part of that joint powers area. Um there currently is no infrastructure or improvements on the area. The owner is wishing to subdivide. Now access to the lots would be from the previously platted Docs Place Road which is a 66 foot public rideway. There is a gate into the subdivision which will continue on to the new lots as a 66 foot private access and utility easement. So it'll go from public to private. Um you would then turn on to another 66 ft private access and utility easement leading to the culdeac. Doc's place would continue south the existing property. It acts as a 66 ft emergency eress easement to Green Mountain Court. There were prior concerns at the time of the layout plan if the road to the new lot should be private access and if the length of the culde-sac road would be too long. The asilts have been sent to the county highway superintendent for his review and report for the board and commission request from the layout plan. It was requested that the length of the culde-sac be measured from the gate to the center of the culde-sac as well. Um, and I'm talking when it went to county commission, they asked that question which is over the allowable length. The owner is requesting an exception to the length of the closed act.

Brad, you want to talk about your exception since you're sitting here or you want me to read it?

It's fine. Um, so basically I guess Brad Lambo all aspects corporate lines are read. So the culde-sac if you look at the the definition of or in the ordinance um if you look at the definition of a culde-sac culsac a local street with only one outlet and having an appropriate terminus for the safe and con convenient rehearsal reversal of traffic. Um so I guess if you look at that there's more than one avenue out based on that definition. And so if you were in the culde-sac and you turned around and then you came out to the entrance of the culde-sac, you could turn right or left, which in my opinion that would mean it's not a culde-sac that starts at the gate. It's a culac that starts at that decision point of whether you turn right or left because you have two ways out by definition. So the measurement at that point would be from here

which it meets that ordinance. fits under that. So allowable is 500 ft based on lot size.

Yep. And this was just the question during the layout plan that had come up. So I we asked him to put his explanation together as you know to what it was because the question was is do you go from down here all the way in or if you're here because if you're just here he meets the distance requirements for a culde-sac based on the four lots. Um, and you can go in or come out. And if you also remember, there was questions for this to be able because it wasn't really in there before with an easement all the way out and now it is because this is the adjacent Centennial Vista subdivision over here. And there was there's a that that Green Mountain Court ended at the property line. And as part of that Centennial Vista, it was at the time it said for future access. Well, what does that mean? You know, we don't we don't know, but it they didn't own the property.

Yeah. So, now that's there. So, now Yeah, this was already in existence. Now, you have a connection from here all the way up. And then this before the plat at the time that the plaque, the final plaque gets recorded, we would have that emergency egress easement and we would put an actual document number in there. Yeah. So, it would show the easement had also been recorded. So, that's a normal procedure. So I think in some sense this actually fixes two-part because this subdivision over here does not have full emergency access out to other areas. So now this subdivision can also both ways. It can come and come out here and go back.

Is there going to be a gate up there? They they could do a gate just like all of our other emergency accesses. the fire departments and things as long as they have access and you're going to go through it. Yeah, that's what we've done with other ones. I have to agree on the colasac starts at the main road. Yep. Agreed. What do you mean? It starts where? It starts way up there. There's a main road going all the way through the property and it starts up there. No, it starts here. Okay. Yeah, that's okay. Where' you point? Right. Like where that big grocery is. Is that what you're

Yeah. So I think that answers that question. So if you agree that it starts there, he does not need an exception to the length of the culde-sac because it meets the requirement. Would you agree with that, Brad? Yeah.

Okay. So that answers that question. So you don't needed the exception. Then since you made that determination, then the next part would just be the platting. Now, I know we did get a couple of calls um on adjacent land owners being concerned about Doc's Place. Ultimately, what it comes down to, Doc's Place is a public ride ofway. It is designated as a public ride ofway up until that point and then from here on out, he's extending it as a private. So, it goes from public to private. Um, there was some questions on, you know, some of the neighbors wanted to know how that would affect if somebody was driving really fast and they went through the property and are is she going to have any liability, you know, like if they hit a tree or the road isn't perfect or I said, I don't ask her liability questions. you might because some of the easements go across private property, but now that it's getting extended, there's going to be more traffic going down that road and

then go all the way through. So, there'll be there's going to be more traffic. So, their concern was what is their liability on the portion of Doc's Place that crosses their property before it gets to this property. And as always with liability questions, we say that is not the, you know, that's she needs to contact her own legal counsel if she thinks that she has some sort of liability on a publicly dedicated. It's on a publicly dedicated right of way. Yeah.

Yep. Um, so there you go. You are looking for approval on the preliminary plat of lots 5 through 8. We know that the exception is not needed. Um based on that other than that density requirements it meets you know it meets our density requirements. What about grades and stuff like that? Does that even pertain to it since it's private private road? Right.

Okay. Public access doesn't play into that either then does it? Well, it's private once he the public road's already there. Once he goes off the public road, he's designating it as a private access easement. Good. The other thing is the grades that are on that existing roadway coming in in the cult, they don't exceed the over what's allowed. So there's a they meet the requirements. They do. There's no like short stretches or anything like that of like over 10 10%. So it it's over 10 up to 14, but it can't exceed 250 ft.

And it doesn't it does go over 10% at one point, but it stays under the 14 and it's under it's well under the 200. It's not exceeding. Um, and then if you look at this, you have the fire mitigation plan was already in here. That's right here. Come on. Doesn't want to let us. And then here's your aselt road, which we do as a requirement, but the asphalts are in here. So, those were already included. Okay. All right. This one we just need to approve the preliminary plan. Move to approve. Okay, have a second.

Second discussion. All in favor say I. Same sign. All right. Now we will move into Melan Partners final plot plot 114. This was a pretty basic one. Fire plan on the lot has been fully mitigated. We got the letter stating it was done. Um they're just doing a final plan. It matches the original preliminary plat that was set out to approve the final plan. Second. Discussion. All in favor say I.

I. Same sign. Motion carries. And now we'll move into the Edmonson to the Edmonson preliminary and final part. And this one we'll need to take into consideration if it's exempt or not. Okay, so this one was kind of an interesting one. Um, we don't usually have this, but it just so happened with this one. So you had the original tract 75 and then you had the original lot 13A. Track 75 was not in Black Forest Ranchettes, but lot 13A was in Black Forest Ranchettes. Well, she owns both properties. So due to, you know, taxes and everything else and the way her house actually is on 75A and the driveway comes across 13A, she thought it would just be better to go ahead and combine both parcels so that there's no confusion with like having to have a driveway easement across an adjacent property. So it just kind of cleans it up. The driveway comes in off of here. It comes in off of Englewood Road. So, it's actually on the bottom side of Black Forest Ranchettes, not up on the Powder House Pass side. Um, driveway comes in, garage and house sits over here. So, it just kind of cleans it up all the way around. And she doesn't get to tax parcels anymore.

None of it would be in the black. It will not be in black forcement. No, it'll get removed. Well, kind of. I mean the legal description still says formally lot 13A of Black Forest Ranch but active anyway. So Black Forest Ranch does not have an HOA or a road district or that's Thank you. That was going to be my question since I'm in an HOA. I'm trying to learn what that really means. They don't code us since it's not what it means. You guys just cause hate and discontent amongst yourselves. Good job. Not a problem. I'll second the exemption. Okay.

And just real quick so you know, we did also, you can see on here, this is John has been trying to catch these. Um, so they're actually dedicating the Englewood Road dedicated public access because you know one of those we have these little parcels that the actual road never got dedicated. So now there'll be a dedication for that portion that goes across the perfect. Okay. On the exemption, all in favor say I. I. Same sign. Okay. And now we will take into consideration the preliminary and final plans. Move to approve. Okay. Together. Yes. Second. Discussion. All in favor say I.

I. Sign. Go. Okay. Now preliminary and final plat for Nemo Mountain Cottages. Uh this one will also need to consider an exemption.

Um okay. I got to think here. Emma Mountain Cottages. Oh, that's Bruce. Bruce is here. I see him back there. This is um Bruce Keller and Tracy Rambo. And if you remember, we This is another one. We like to move lots around. So, over the years, these lots have all kind of been reconfigured out in that Nemo area. Um so, this one is this up, blow it up so you can see it a little better. Um, so if you remember, you have an existing house that sits out front. You have like a storage building kind of over here. This lot here is the Nemo Merkantile building. They have the house that sits here. These two lots back here have been sold. And then back in here, this is that we always had that weird area that it's a portion of suburban residential and then the zoning kind of got in the middle and then it's a portion is park forest and then all of this back part here is Boxelder Creek. So you have flood plane and stuff on this back side. If that kind of gives you a general idea, Margie Ford is on the top side. Um these used to be owned by by Ramos or by Bruce and Tracy. um they've been sold since then. So ultimately they're moving lot lines around. Um it's kind of hard to see it in here, but you can. So see if I can zoom in on this so you can So you have the well down in this corner here that'll stay with, you know, the the house. Um you have the old property line. You can kind of see it's this black dotted line kind of in here and then this little sliver here. So this portion

will now be with the bigger lot and one R. So this little part here will be with this. This property line moves from this little corner this way just a tad. if that kind of it's kind of hard to see in there, but that's really it's just kind of moving tweaking those lot lines right in here. Um, and then with that, there's no additional lots being created ultimately. That's really what we're looking at is they're they're not asking for any more density that was already out there. It's just moving all those lot lines around. Um, it does have areas of flood plane in there. Those still show on here and you can see that with the zone X and the zone A down here. um two existing structures. They show those on the preliminary SHA plat. They show the septic system and the wells like they're supposed to.

I don't know. Is there anything else for us that you want to add to it? Is there? Not really. It's pretty simple. Just making the lots better shaped. Yep. There's no setback for well, is there? We don't have a setback for well. If the state wanted to, they could probably say something, but normally they don't because those wells out there are all pre-existing. I mean, they've been there now. Yeah. And that line's not moving anyway with this. So, okay, let's deal with the exemption. I I have a I have a question. Just again trying to understand. So, I'm looking at this picture and it looks like the house or whatever that structure is has the lot line going like right across the tip of it.

They could, but we don't ever use those images. That's why they have to require a plaque. Okay. Because the images could be skewed. So we that's why we make them show like this is a preliminary because on on this one it's it's clear. Yep. On the preliminary plat they have to show that it actually is where like on the law they could be they always are. Yeah they are. The image is all right. Okay. Let's deal with the exemption. So move second. Okay. Discussion. All in favor say I. Post same sign. Motion carries for exemption. Okay. A preliminary and final plat move to approve. Second. Okay. Discussion. All in favor say I. Same sign. Okay. Motion carries.

Um Bruce, this does go to county commission on the 12th if if you want to be here. Okay. Thank you. All right. The final plot for two LLC.

Uh 2005 subdivision. It has an HOA, a community water system, and a septic system. The owner is wishing to just final plat those lots. Um the fire plan, it was in place with the covenants, so it was kind of a little bit older process where we had it just in the covenants. It said states that the developer of the lot must complete the fire mitigation. Per the fire specialist, the lot will basically have mitigation done during the building process, but states the occupancy certificate should not be issued until the fire specialist has re-reed and a mitigation letter received in the planning and zoning office. So that was specific to this one. So we just wanted to make sure that that gets carried over. So, if you approve it, I think we just want to make sure related to that occupancy permit, you know, if if and when somebody builds on it, if and when they want their occupancy certificate, I'm going to make sure that they have someone come and say, "Yep, it's okay." That's really what that's saying.

Okay. Final plan for MMP staff recommendations. discussion. All in favor say I. I. Motion carries. Okay. Mr. Tail needs to get going. Nope. We had the item added at the bottom of the agenda for take a break. Okay. You can take a break and then Oh, actually you you don't need to if it's for me. I'm doing okay. All right. Well, I was thinking if he's got to get out. Do you want to stay for this? I have 10 minutes. I think you want this. Maybe we can stay. Okay. Uh, thank you though, Brad. You're up. All right. So, thank you. I know it's been a long day. So,

they Brad, they do have this. I did print just so you want to reference it. And then they have the map, but it's smaller.

Okay. So, uh, Dave Wyers is here. Um, so what we want to talk to you a little bit about today is, uh, the Dave Winner property up there. He's, you guys all know him and he's been developing that piece out. Um the bigger vision for Dave is he's um always been working kind of in the ministry fields. He's had successful ministry operations in Lawrence County. Um and so what we're kind of presenting here today as a discussion item is his vision for a master plan moving forward and and what are the next steps that we need to identify to kind of move forward and are are these concept and ideas uh workable with the current zoning or does there need to be a change of zoning? um those kind of ideas. Do we do you have this available on digits?

I couldn't find it. Okay. So, um I might be able to but Okay. So, essentially, uh this is kind of the left in their package the leftover and the remaining portion.

Okay. The remaining portion of of what Dave has up there. Um and it's kind of broken out into a few areas. So, the blue area on the kind of the southern end of it, that blue area is uh proposed as single family residential. It's currently single family residential, I believe. Um, so that's really no change, but it's a definition of what's there. Um, then we move over to the right side of it. There's a larger yellow portion and that kind of goes all the way up to the the northern edge of the roadway. Um, that area would be defined as like ministry area. Um, and there's some multi-use pieces to that. So, there's a piece of discussion on that. And then across the road there's an orange colored area. that orange colored area. Um the the proposed is tiny homes in that area. And the tiny homes would be um used for um a few different reasons. One, it could be ministry housing for people working in the ministry. Um and the second use would be uh generating income through short-term rental potentially or um things of that sort to support the ministry operation. Um and then there's a there's a purple area kind of to the west of that and that area is a common space and that common space would be used for um combined septic systems for those those tiny home locations. So it would be the idea concept wise would be um four tiny homes per septic system combined drain field in that area. Um so that's kind of the overall. So we'll go kind of go back to so the blue is fairly simple. it's housing. Um the yellow area, the ministry area, um would be kind of a dualpurpose area. There would be some commercial and there'd be some ministry stuff going on there. And I'll kind of let Dave talk about that more. Um and then the tiny homes, I guess, it's all laid out there. So, there's kind of multi-use going on in here is what the proposal would be. And so I guess what

we want to try to figure out is what is it that we need to do to move forward with this concept and this idea.

So I'm gonna before you start Dave I'm going to go back a little bit just so everybody understands. Um Dave had come to us 200 what eight nine I don't know it's been a long time we've been working on. So, all of this property has been platted into tracks already. It's all broken out into tracks. Um, and it was overall looked at for development based on park forest owning. That's what it was based off of. So, um, these are all lots in here. There's some subdivision that has already occurred. You can see it right back in here. These are individual lots that have already been approved and they've been sold and, you know, there's houses going up out there and whatever. This is also Matson Lane is how you get to this property. If you come down Matson Lane, this is where we have Troy Schulty's who has his little fishing campground area. You had um

New Bomb.

New Bomb is the big building that just went up for sale for $4 million that has um the big shop building with the campers that go around it. We approved a C for that. So you pass that building when you get before you get to this. You pass Troy Schulty's and then you also have Hilld Lodge which is the wedding venue slash whatever. So keep in mind we have a lot of commercial stuff and then you go around the bend the road right here comes off of Matson Lane. All of that stuff is back here. You come up this way. This front piece is already zoned highway service commercial. it it has been for years. And then you come back around basically right where if you follow my cursor, this right along here is where they're proposing to put some tiny house lots right in here. And then on the other side, so this kind of right here would be the lot that your kind of infrastructure would go, I would say, like your main building.

Yeah. So there's a larger ministry building in there that would support a lot of different things potentially an auditorium and this is all long-term not going to happen this year next year but it's the idea the concept is is a large auditorium space um spaces for to assist in in adoption of of children and um some girls home stuff. some some opportunity to support other ministries and other areas that are kind of helping connect some of those dots with with children.

So that's this area here. And then if you keep going down the road, so this is all going to be higher higher density residential is what I would call it with tiny tiny homes. And then when you get back in here, this is all still the original lots that have already been approved. I mean it those are already there. Where is this? Boulder Canyon right outside of city. So this right here is city limits and Deadwood. Okay. So if that you're you're going you're just come out and there's Deadwood right there.

Um so this is just on the other side. So that kind of gives you a general idea. And then what has transpired now we've had lots of discussion about existing zoning is highway service and park forest. I don't feel feel that either one of those districts would really work with kind of this overall master plan because that's what he's trying to do is more of a master plan. So my suggestion was is he figures out his boundary and does a change of zoning to a planned unit development and then within that PUD he could have phases of like phase one is this part, phase two is this part, you know, and kind of break it down into phases. I think that's kind of what we were leaning towards. But before he went through the process of having Brad go out there and create that boundary and do all of the stuff, he kind of wanted to just talk with you first to see if you were comfortable. It's right along the city limits at Deadwood, so it's it's right there. Um, ideally, he had been talking for years at trying to get Deadwood to do water and sewer out there. It's not working.

There was there was some working gone through until it fell through. Yeah, I think yeah, PUD is the only way. I think the PUD is the only tool that we have to allow these like multiple uses, I guess. Does that help a little bit, Dave, to kind of give some background to it? Yeah. Okay. Is there anything else that you want to add? I mean, I was just going to share a little bit of the why, but I don't have to do that now. I know time's an issue. Yeah. Um I guess just trying to understand if there's any major red flags of trying to go forward or is this look like something that's You talked tiny homes a long time ago. I have for a long time.

And for those I know it's hard because we have newer board members so this is not a new concept per se. It's just he's finally getting to the point of okay now I'm ready to go forward. So, we've been talking

this one of the major points is we're not just doing this now to sell off properties. Some of the stuff we did before is to help pay for all this, but now we're looking to retain most of this. We might sell off maybe eight more lots to help give us some seed money to get some of the things going. Uh but we the ministry plans to retain most of these locations to use for for fundraising as well as for staff like you said to to have adoptive parents come in and be able to stay there while they meet with kids. And so again the goal is to try to kind of keep that within ourselves.

Um and the other thing I guess just for again newness of some of the board members um Kinship Mountain Ministries was done in 2002 three. Okay. 2003, that was the old Girl Scout camp out at Paha Sappa Road, which is out Highway 35. It was an old Girl Scout camp, was out there for years and years. Um Dave was the person that had that, bought it, brought it back to life. It is now Black Hills Retreat Center. They offer it to churches can come in and do church camps and things like that. So, I do think that I mean that took we were 18 years to probably get active. We were in treasure for 17 years and then sold it to the South Dakota district.

Yep. They as the same thing we did with it. Yeah. Kind of a similar just to give you an idea of this is not the first time we've had Dave go through a conditional use permit process. And I mean he did do it. It just took a lot of years but we got it. Yeah. Um, so I think ultimately their question is before they go forward, I think we answered the question, but a change of zoning to a PUD would probably be conducive to do all the different things.

Yeah, I think the big question was we just want to make sure that the that multi-use with the idea of ministry space with some commercial entities to that could generate income for that plus the the tiny homes like as a concept in general is not like over opposed entirely. So

um I think some of the Bruce and I did just a quick cursory of it and I know this is going to come up so it's just something to talk about is you know we will require a full commercial review when it comes down to the buildings. So life safety code like it'll be a full commercial review through an engineering company a third party. we would hire that person um kind of we have a contract with them and that that cost of that review gets put back to you the developer. Now that's a long ways out because that's for building wise but just so you kind of know some of that. That obviously wouldn't be the housing side of it. It would be

it would be the Yeah. the like the auditorium space and the retail space and the kitchen space and all of that stuff. The other thing that I saw just a quick precursory is going to be parking. that's going I think you're going to need more parking than what you show showed on your map, but I think you've got space for it. But those were just some quick things that we noticed. Um, so you might want to look at that a little bit more like because of the size of the structures, you need more of that. Um, and then the tiny houses, I do think because of it, it's not going to be a regular residential build. So, we would ask you to have your plans approved by the state for septic. It's It's not going to be like a individual septic tank like if you were just building one house because they're going to be pod systems.

It'll have to probably We would require it to Yeah. to go to the state for more of a commercial review. That would be normal. We've done that. That's what we did um out at Gilded Mountain is a good example. They had, I think, three or four houses on one shared system that had to go through a commercial review with the state. So, those are a couple of things that I noticed when I looked at it. Okay. Do you guys have anything else for them to think about before they kind of start working on I mean, they got to still go through all the procedure stuff, but should work. Nothing here. Yeah. Food vendors. Hang on. There you go.

We can hire some of the kids to sell that. You know, you got it. Yeah. Be a revenue source. Yeah. You know, I want to follow you. You get the cops. That is Does anybody need a break? So, so that was justformational and it Yeah, it just when you add something on like that, you just want to get a general correction. Yeah. So normally like you can as the general public you can come in during the opportunity for public comment section and he just

felt like before he started doing too much that he wanted to just see what your thoughts were and then now he'll start with like a regular layout plan he's got to go through change his owning request all of that stuff. Thanks Rick. Drive safe. So then you're too we kind of bumped ahead. Anybody else has any public comments while we're doing that? No. Okay. So then just uh items from planning and zoning board members. Yep.

I'm not a member of that. Thank you for coming. So uh just to report today we did get the the Supreme Court issued its opinion on the ordinance 2405. Remember that that's regarding the board adjustment rate. And so just a quick comment if I may. This is from the Supreme Court opinion. The commission acting on advice of council determined that 2405 was initiated to bring existing ordinance into compliance with state law, thereby implementing a plan already put in place by the state legislature. In the commission's review, ordinance 2405 was not a legislative decision, but an administrative decision and thus not referable. Uh therefore, the auditor informed the petitioners in writing that 2405 was an administrative decision uh and not subject to referendum. So that's a reminder of kind of what that was. Make sense everybody? So the Supreme Court agreed in whole with us. Um uh I as the Supreme Court recognized it started with the advice of council and I appreciate uh the county commissioner sort of taking a leap of faith with staff uh giving that advice and kind of bearing the scrutiny and perhaps a vitrial. I saw at some point about that, you know. Um but we were always trying to do the right thing. The Supreme Court recognized that. Does that make sense? Um I have copies of the decision. If anybody wants it, I can also email it to you as well.

Good. That just came up today. Okay. Thank you. Thanks, Bruce. Thank you, guys. Um I have one thing that's kind of interesting that there's a lot out by McNia Fish Hatchery, um which is close to it's right across the road from some of my land. And the history of it is that uh house was built there in the I don't remember what year when I was fairly young. Um 36 36 1936. No, it was in the 1900s though. Yeah, that corner lot right there.

It's that's where it went, right? Yep. So, a house was built there. Pretty nice. Pretty good size house. And then they drilled a well and the house started to settle because like in that part of my ground that's to the south and east of that um there's sink holes all over out there that I mean they just show up the size of a pickup really and there's like that whole entire field the south well the south twothirds of that field that you see there all drains to a sinkhole in the corner um and it doesn't matter how much rain or snow you get that water just all disappears down that hole. Um, it never backs up. It never fills up. There's a deep big hole down there.

Yeah. And then Cox's Lake just across over there. Not that one, but the next one over um is all but bottomless. Yeah. You can see that hole right there that goes to who knows where. Um so the whole area is very unstable for groundwise. Anyway, they built that house and they drilled the well. Um the well started to leak. The house started to sink. They tried mudjacking it. They did all kinds of different things. Finally, they moved the house out of there. And then one day, the whole entire well casing disappeared down the hole. Gone. Really? Yeah.

So, there used to be a well casing with steel pipe that went down was cement and into the rock. That is gone. Just disappeared on the hole.

And at that time, the hole was probably 60 feet across and I could throw a rock and not hear it hit the bottom. It was a very very deep hole. Um that stayed like that for quite a while. The foundation of the house sank approximately 10 feet. Um and then somebody and I don't know who for sure but hired a dozer to come in and kind of flatten it off. And so dirt just got pushed in until it bridged up and filled it in. And then another guy from North Dakota bought it and he put a trailer house in there and then the top of the trailer house started to bow and then he'd jack it up and put more blocks under it and then he'd put more steps and then he jack it up and by the time he took it out of there there was about a good solid 8 ft under the middle of the trailer house where it went down. And then now I just recently got sold and I noticed some dirt work going there. So, I talked to the guy that was doing the dirt work and he plans to build a $650,000 house there

and I said, "Have you heard the history of this lot?" And he said, "Well, a little bit." And I found this concrete down here when he was digging. So, I went down there with him and looked and it's the foundation of the house that's all cockeyed in the hole. And he's planning to build a $650,000 house there. And from planning and zoning perspective, I agree that we shouldn't tell him that you can't build a house there. But at the same time, we're going to go make sure that the railing on its deck is good.

So, it's like, where do we should we not worry about the railing or should we worry about the house that's going to fall the hole? Because there's still the water from that well still runs out the side of that hill. And there's a big delta of dirt forming there that's washing out from underneath there. And I mean, that well casing, the whole thing, hundreds of feet disappeared down that hole. So, it's really ugly down there. And I don't know if we have any liability or if we should worry about it or not worry about it. It's just something I've been thinking about a lot as we drive by there because it's a bad situation. I haven't It's fine. I mean, we have no rules against building a house there.

You'd hate to see somebody have a disaster like that, though. I mean, it's different than down towards Rapid Hideway Hills. It's the same problem. Well, it's actually worse cuz like this one, the the front yard didn't get a hole in it. I mean that foundation is 10 to 12 feet below where it used to be and it's just a gypson issue all over that whole area. It's just all sinkhole. Yeah. So right now we do not have a building permit. Correct. I don't see we we it's that Yeah. But I don't think we did anything with it. I don't I don't remember finding anything on So well no they haven't issued a building, right? I don't I can't say yes or no. I don't think so.

I don't think we've done anything. it came about because you know Travis had called us and said hey what's going on out there they haven't come in they haven't gotten a building permit um when it comes down to it the first thing I mean I we've had situations where we look at wetlands and you know making sure because like let's say this guy over here came in and wanted to do something here I would require additional stuff because that's a wetland area like it's designated as a wetland area so that's different if it's in the flood plane I have additional requirements. Well, this lot doesn't have either on it. It's an old lot. Yes, we know. I do think that, you know, you've already talked to the builder.

The landowner is very well aware of what he purchased. Now, what he chooses to do with that is kind of his own accord. Um, I don't really have anything besides I mean, obviously, we would let him know like when he actually comes in and asks for a building permit. From the sounds of it, he's going to do what he wants to do is maybe the best way to put it. And it sounded to me when I visited with him, he's seemed concerned and despite everybody now. Yeah. To prove he can. What I'm worried about is that there's going to be a bank that gives a mortgage on that possibly or somebody's money is going to be in it. Y

and then there's going to be an insurance company that insures it. Yep. And then there's going to be a lot of people that get involved that don't maybe know about it. So it's I just want to make sure we don't get limit. And so yeah, I understand your your point. It's well taken. It seems like it's an inevitable disaster waiting to happen, right? And I know you've communicated with him. So from my our perspective, the county doesn't have any sort of records of that that we could share or reference when he comes in to get his building permit. Um it would be difficult for us to note that on the building permit. We don't really have that history although we know that you've talked to him although probably not in capacity as a county official. Right. No, I didn't mention anything about so I'm just kind of like putting all that out there. So

my thought is and again I have not put zero other thought into it is perhaps the idea would be as part of issuing the building permit that we schedule it before uh planning and zoning or county commission and and have you there whenever that would be and and have and have a rendition of your history of it. have a recording of him hearing exactly what your experience with it is. Yeah. Right. So that we have we have a record of that. And so if he would ever come back later on and say, "County, it's your fault for issuing me a building permit." We would have just a dynamite sort of deposition of basically why you shouldn't. Does that make sense? Maybe even a a release of liability for the county as well.

Could could be could be. I I'd be really comfortable if we made a really good record. Yeah. No, I agree. Of of of all of that because I that just sounds terrible.

Yeah. So, um Jesse obviously works on most of our building permit applications. And so, one of the things because we've been kind of thinking about this and well, you know, we don't know what to do with it, but under our application submitt process, it talks about what they have to submit. That's, you know, the normal building plans, all of that stuff. But we do have a caveat in here that we use quite often when it comes to like you have to provide a site plan that has more detail and and whatever. It does say in here that other pertinent information as required to include but not be limited to the wetland which is normally we can pull that up streams geotechnical

so we could say before we issue a building permit you have to prove that whatever you're doing with it you know like you can provide some geotech information. Um, that's about the only And then we talk about perk test soil profiles, you know, I mean, I mean that could that could happen. We could do that. I don't know. We've never gone that route, but I I think we do have the and it says that we could require it and it would be at the owner's expense. Mr. Chair,

I don't know what get us a lot of tools, the soil profiles and the geotech. I think maybe we should require that in this case. And if the if the gentleman said, "Have you ever required that before?" Well, no, not really. Or if he disagreed, then he could um he could appeal my decision basically to adjust is what he could do. Yeah. And then it would all come out. Then it would all be on record and we could say, "Well, we're not going to be liable for whatever would happen." Would that be an avenue there? I I mean, based on what Travis said in his experience out there, and I I've heard about the bottomlessness of was it cops lake or whatever,

this is not make believe. this is not hyperbole. This is real stuff, right? And you've seen the structures that are there. Um, this is very reasonable to me and I think we can reasonably require that, right? Um, you know, if he wants to do something stupid, you can't fix stupid, but I can see someone turning around and trying to blame us later on. And that's what our concern. Well, what I worry about is that they get it built up and it's going to look I mean, it's going to be an amazing looking spot. Yep. And then somebody they're going to sell it to somebody that doesn't know the history and then their house is going to sink and then in the middle of the night with Louis five kids. Yeah. What a disaster. So I think you know Travis kind of wanted to bring it.

We've been talking about it and I just was struggling with I don't know but then this would be declared a disaster. Um, so I think the thought process would be it Jesse would know that if this gentleman comes in for a building permit, um, we would I think to do the proper procedure, we would have to take all of his information for the bill increment. I would have to do a written letter of denial and give the reasons and we could use this as a reason or he could go and pay for a geotechnical or you know whatever do do some additional stuff we would give him that option

if he says no I I'm going to deny it okay fine you're going to deny it why and I give him the reasons and he says no I want to appeal that decision he would go through the regular appeal procedure there's a fee to it gets appealed to the board of adjustment Yes, I always have to think because we don't do that many. It gets appealed to the board of adjustment and then they would make a determination, you know, same thing. What why did it get denied? What's the reasoning? He would then have the option to basically, you know, tell him your reasons or he'd be able to tell you your reasons. But I don't think I don't want to put Jesse in the predicament or myself or any of my staff saying,

"Yeah, this is okay in this scenario based on what we know." I don't think we can. Sometimes when you have to help well public safety and stuff is exactly you hate to have a blanket deal you know but I mean people that don't know the area have no idea you everything every big commercial anything they go in and do a bunch of core drills and they know what's down there and you'd hate to force that expense on somebody that is building in a good spot, you know, just to make it up.

So, I just learned today from this that the guy that I talked to that represented himself as the owner actually must not be the owner on this is Scott German. So, I I don't know. Sean Warwick is the guy that I talked to. Unless there's been a sale, unless there's been a sale, which it could have because our sales won't show until June. It's on lockdown right now, so no sales will show till that gets. So, it could have sold. Yeah, it was just a few weeks ago that when it's sold, don't those things have to be declared? Well, there's nothing. So, so you you're saying it's it's just not it's been sold so much or so rapidly that people Well, there's nothing there's nothing on it.

But there's nothing to declare. There's nothing on there. So, it's just the fact that you know the history because you've been out. The interesting thing is that I've had a whole bunch of other people that live out there that have said that they saw him doing something and stopped and told him that he better not build a house there because there's already been two sink. And uh so there's been a lot of people telling him that this isn't a good idea. And I it almost feels like that's making him want to do it more. And people that have lived there for a long time and saw the first house falling in the hole and the second house. Do you know? Does anybody have any photos by chance of a house?

I can ask my grandma. She might have. I mean, because this lot was platted in 1979. You know, I mean, that's when the first track was platted. That's why it's a because right this day and age, that lot wouldn't exist. It's less it's a twoacre lot in egg, but it was an old it was a 1970. So, grandfather, we have to allow it because of that. We might want to see if anybody by chance has has any photo evidence. I don't have any. I look to see if there was anything. What was the new owner's name? War if there was any language on the ordinances maybe that whatever we're not liable or you know I I guess

some something about this area is known for gypson content that is is unsuitable to build on or I told him the one when I was there I said I don't feel comfortable standing right here. Yeah. Well, just some statement on there to to bring the awareness up and and resolve the county from liability.

Yeah. Well, so I I think the process that Amber outlined is very deliberate. We would require the geotech and those kinds of things. Get that and and then see what that means. That doesn't mean that's the end of it at that point, right? I mean, my inclination would be that we would be in contact with whoever they are and like, are you sure you know what this is? Does that make sense? Um, this isn't some kind of cursory kind of thing to make a client happy. And then even with that information, we still might try to bring that to you as a county commissioner planning and zoning to really make a record of this thing, right? And and that way I think they need somebody to take the core samples to see what's down there. Do you know what any of those trust?

I don't know what any of those but they came back and said there's like N which is right below this shift. I mean that's like a layering issue like maybe areas that nobody knows if that's good, bad or otherwise on us but I don't know if that have about the material required to us and stamp on everything if that's what we're going to do and that would take all the liability from us but I hate to put that extra $5,000 or whatever it might be. It shows all these

on top of the flexibility when we need it. I don't think it is. This is probably like that 1% that I've ever heard of. I've never known anything quite like this. I mean, that's the bad part. You hate to pun. So, I think I think we've got a path forward and he might not like it, but you know, he could appeal it to the board of adjustment. And uh I mean, the concept is good. The concept here is maybe given this building increment ultimately, but just so you know, there's a recording, a rendition of all the problems that people know historically, you're proceeding at your own risk at this point, right? Glying on your engineer, whatever it takes.

Yeah. Power to him if he wants to get it done, but just I thought there was a place in a big cement found. How about a highrise? actually I thought about that if you built like a 10story building there then as it sinks you could just go in the next by the time you're old enough to where you can't do the stairs anymore you'd be ground level yeah you would have to worry about stairs why didn't you just buy that lot and then we wouldn't have this problem well the problem is it used to be part of my place those people bugged my granddad for years and years and years and finally he had a bad year and sold it to him um for probably $400 or something

is there any mining out there at all. Uh there's G to the north of there. Can I uh have the value of zero reflected in my taxes? No, please. I got to go pay them right now. I'm sorry. Online it is a value of zero unless you pay for that function. Then you can see the value. Oh, really? Yes. Oh, interesting. Remember we set that up so realers and stuff pay a to be able to see fee to be able to see more information. Ah okay. If not it's just revenue generating. Yeah because if not it's just the basic

like you know who owns it whatever but um we have an option that people can have a login and if they pay that additional fee it helps pay for the system. It don't cost too much. So they don't have to come up here as much to get information but they have to pay more. And what kind of information they get? It's like all your taxable value stuff. the same that you like if you walked upstairs and asked the EQ for it, they would share it with you. But it's just a form of Can you go back to that map once?

So even um my grandparents house, their old house, and I lived there for a while too, is east of there um right at just south of Cox's Lake. And the yard of that house, the house has been pretty stable there. But the yard will actually like in the springtime it will hump and heave two to two and a half feet. Oh, like just these frost boil things come out there and it's just the weirdest ground. It's so crazy. Um, and the soil is incredibly variable. Like there's way more breaks in it than what the NRCS map show. Mhm.

But that whole that whole corner of my place over there is just it's weird. Is it really fun in the springtime when you get lots of water trying to hang? Uh, well, I've had a lot of times where you're like you can go with the swathther and cut the hay and you turn around and come back and there's a hole like the size of a pickup that just shows up where you just drove. That's scary. Yeah, it' be burning, wouldn't it? $140,000 swer. Was going uphill for a long time. The head's wide enough it'll hold you up. Right. Keep going up. So, it's pretty interesting. Nice. You need an injection seat on your tractor.

Yeah. And the amount of water that can go those two different holes. There's one right. Right. Go left a little bit. A little more. A little more. Right. Where that fuel makes a little jig. Right. Right there. Yep. There's a hole right there that I mean in the springtime when we get a deep snow and there's a lot of water running off, you know, it warms up a shnook wind or whatever, it is incredible how much water can run down that hole and just I mean it never backs up. Where's the There's one. Right. Turn on the contours here. I'll go down a little bit. Right above here. No, I'm not trying. And then there's another one just over the hill up here in this other field. Oh, you're going up.

Yeah, go up. There's another one right here. And I assume that they hook together underground. And but yeah, the amount of water that can disappear down those holes is could be a big lying or there somebody you can sometimes you can stand on the ground and hear water running. Well, when the Black Hills runs out of water, we'll be capping you for it. Yeah, is USGS out there. Um I don't know. Not that I recall, but probably at some point when they were doing all the soils mapping and stuff, we've had those form in our in our hay field and and you can hear the the irrigation water just runs in there and I mean that you can put a lot of water in there from the irrigation and just never never fills up. Yep.

Yeah. It's that corner right there is really really aliens living underground. And you can see there's a gif outcropping there that you can see, but there's little I mean there's gifs all over the place. And then on that lot right on the bottom of that draw is where there's a big stream of water coming out of there that wasn't there before the whale came in. So So where since you've got it big now? So where was the uh mobile home that it was right there, wasn't it? No, it was on right here. Over here. Oh, right over here. Okay. I remember when they tried to pull one of the trailers out of there, it fell off the wheels.

And then he filled in. You can see this hole where it was that was probably 8 ft deep right there. That little spot and he filled that in. And then he's mined out a bunch of this. The old house foundation is right in here. Well, they sure don't want to end up like me in that deal with the state. Well, somebody somewhere knew about. He says, "Well, it's because they did a crappy job on that foundation." And I was like, "Well, yeah, but it used to be up there." Like that they maybe did a crappy job, but if it's going to take a whole house, it doesn't matter if your foundations.

Yeah. It was concrete footings and basement floor and then cinder block walls, but the whole thing just down the hole. Wasn't the weight because the trailer was a lot lighter and doing the same thing. Well, yeah. And then the trailer was actually on the ends of it were solid and then in the 60 ft in the middle was where it was sinking out. So strange. Yeah, it's interesting. I didn't know we had things like that. We've had a few over the years, but not like this. Haven't they tried to find the bottom of Cox's Lake or whatever and never never could figure it out?

Yeah, that's the whole area. My uncle when he got out of the Marines went scuba diving like 82 feet before he got scared. Before he got scared back up. I don't think I'd want to go that deep. Especially not in a muddy icky. It's not It's not that far. Yeah, you pretty much got to go straight down. Yep. And it's murky, too. You can't see anything when you go down there. That's what you said. It got really scary down there. Yeah. You don't know which way you're in. But there's I mean I don't know how much water runs in Lake Creek there, but there's a pretty good stream coming out of the Cox Lake, does there? Out that north side there. I bet there's two or three thousand gallons a minute. Really?

And then in the winter time it doesn't freeze over. There's so much water coming out. I mean, it just steams in the winter time. Wonder if the school of mine would have any documentation on that. Maybe. Okay. Any other items from planning and zoning board members? Okay. Meeting adjourned.