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Board approves variance and subdivision plans for Highway 16A property after neighbor concerns
Summary
The Board of Adjustment approved a variance to waive road-construction standards within a private access easement and approved a preliminary subdivision to split a 12.57-acre parcel near Highway 16A. Staff had recommended denial of the variance, but the board approved it after discussion of access and drainage concerns.
Pennington County’s Board of Adjustment granted a subdivision-regulation variance and the Board of Commissioners approved a preliminary plan to subdivide a 12.57-acre parcel on Highway 16A after testimony and discussion at the June 3 hearing.
Senior planner Cody Sachs summarized the proposal: the landowner (Gary Mitchell) and agent (Andrew Bussey) sought to split a 12.57-acre parcel and to waive the requirement to construct a road to Ordinance 14 standards within an existing 66-foot private access easement. "When we look at variances, we take a two-pronged approach," Sachs told the board, recommending denial because staff found no special condition that would prevent the owner from constructing a full standard road.
Neighbor Danny Banks asked for a continuance to allow a commissioner to view the ground conditions, citing a local spring, historic flooding, and drainage concerns that may not be visible on aerial imagery. Other speakers, including Anna Bussey (supporting the applicant), said the petitioner seeks the split for buffer and business purposes and does not intend commercial development or construction of a new public road.
Despite staff’s recommendation to deny the variance, the board approved the variance (which removes the requirement to construct the ordinance-standard 24-foot roadway through the private access easement) and approved the associated preliminary and permanent plans with conditions. Commissioners noted that the easement remains a private arrangement between property owners and that any development beyond residential uses would require further land-use review.
Details: The parcel is accessed by a 66-foot private access easement; staff noted the road is 8–10 feet wide in places and does not allow two emergency vehicles to pass. The applicant owns adjoining parcels to the rear that would be accessed by other routes. The planning staff recommended denial of the variance but recommended approval of the preliminary plan with conditions; the board acted to approve both the variance and the preliminary plan with the planning commission’s concurrence.
Outcome: The variance and subdivision were approved by board motion; the county clerk and planning department will record approvals and the conditions attached to the preliminary plan.
