Planning board defers Carter Subdivision (Tim’s Loop) plat and section-line variance after new materials, neighbor concerns

Meade County planning staff and the Planning Board on Monday deferred action on the preliminary plat for the Carter Subdivision (lots 1A–1E and Lot 1) and a related variance request involving a 33-foot section-line right of way that borders Black Hills National Forest.

Staff told the board that although the applicant submitted a full packet, additional material arrived recently — including comments from an adjacent landowner — and reviewers had not had time to complete detailed checks of drainage, easements and other required documentation. The board also heard sustained public comment from adjacent property owners about the proposed road alignment and the effect on access and privacy.

The variance at issue would allow the developer to avoid dedicating the 33-foot section-line right of way that runs along the property’s western edge abutting federal forest land. Planning staff and the county’s surveyor clarified that the variance would not abandon the public section line; it would simply relieve the platting requirement to dedicate that strip as public right of way on the recorded plat. Board members and residents discussed the difference between dedication and abandonment: abandonment requires a county-commission-level petition and a separate legal process, while not dedicating the section line on a plat leaves the public-right line in place under state law but continues private ownership to the centerline unless further action is taken.

Multiple neighbors said they oppose having a public road or access adjacent to their property and expressed concerns about an unapproved approach already constructed near one residence. One resident, Bobbie Legner, told the board the approach runs along her property and she opposes a publicly accessible road there. Board members asked staff to review the sequence of applications and to confirm what the county’s authority would be if improvements had already been installed without permit approvals.

Because the variance and the preliminary plat are closely linked — setbacks and building envelopes depend on the section-line treatment and on drainage easements — the board voted to defer action on both the variance and the preliminary plat until the July meeting so staff has time to complete its review and adjacent owners have an opportunity to respond to revised plat materials. The motion specified that if the plat itself is deferred to July, the variance would be deferred automatically to the same date to avoid additional Board of Adjustment proceedings.

Staff said it will review the new materials, confirm the drainage and setback analyses, verify notice to adjacent landowners, and re-notify property owners with the corrected materials ahead of the July hearing.