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Council upholds existing zoning after planning commission cites spot‑zoning concerns for First Street parcels

January 06, 2025 | Winner, Tripp County, South Dakota


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Council upholds existing zoning after planning commission cites spot‑zoning concerns for First Street parcels
The Winner City Council voted to leave two First Street parcels zoned R3MH on a motion to not approve a rezoning request.

The council acted after the planning and zoning board recommended 5–0 against the rezoning, citing spot zoning and precedent. Code enforcement said the parcels were sold at auction in October and are currently zoned R3MH; the applicant asked to rezone them to C2 commercial.

Dan, the city’s code enforcement officer, told the council, “they're zoned r 3 m h,” and explained the parcels had been sold at auction in October and the applicant sought C2 zoning. He said the planning and zoning board voted 5–0 not to approve the petition because members cited spot zoning and concerns about setting a precedent.

Councilman Schuyler moved “not to approve the rezoning.” Councilman Hughes seconded the motion and the council voted by voice to deny the rezoning request. The council discussion noted that the lots sit on one side of First Street where the lots are R3MH, while the opposite side of the street is zoned C2. Troy Krueger, the public works director, asked for clarification about the existing R3MH designation and the requested C2 classification; code enforcement confirmed R3MH denotes multifamily and mobile home zoning and C2 is commercial.

Why it matters: council members and planning staff said the action was intended to avoid creating small commercial “islands” inside residential zoning, which planning and zoning described as spot zoning and a precedent the board had previously rejected.

No further action on rezoning was recorded at the meeting; the council preserved the parcels’ existing R3MH zoning.

Ending: The council handled the First Street rezoning during its board of adjustments session. Any future rezoning petitions would return to planning and zoning for review before coming back to the council.

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