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Minnehaha County and Dell Rapids approve conditional use permit for outdoor storage at 24674 Hundred and 70 Fifth Avenue

2531050 · February 25, 2025
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Summary

Minnehaha County commissioners and the Dell Rapids City Council voted Feb. 25 to approve Conditional Use Permit (CUP) 2502 to allow outdoor industrial storage at 24674 Hundred and 70 Fifth Avenue, removing a pre‑annexation requirement but keeping a condition requiring stored vehicles to be licensed where state law requires titles and registrations.

Minnehaha County commissioners and the Dell Rapids City Council voted Feb. 25 to approve Conditional Use Permit (CUP) 2502 to allow outdoor industrial storage at 24674 Hundred and 70 Fifth Avenue, removing a pre‑annexation requirement but keeping a condition requiring stored vehicles to be licensed where state law requires titles and registrations.

The permit approval, which followed a contested appeal and a public hearing, allows outdoor storage on the property subject to 11 conditions of approval including a July 1, 2025 compliance deadline and county inspection rights. Opponents said the site currently resembles a salvage yard; proponents and staff said the CUP and its conditions create enforceable standards to clean up the site.

Kevin Hookman, County Planning Department staff, summarized the application and the conditions, saying the site will “conform to the submitted site plan” and that “all vehicles, campers, and trailers stored on the property shall be fully operational, intact, and licensed” (with subsequent language clarifying titling requirements under South Dakota law). Hookman also read conditions requiring hard surfacing for new driving/parking areas (Article 15 of the 2001 Revised Joint Zoning Ordinance), limits on access to Highway 115, lighting controls, and a county right to inspect with notice.

Neighbors who spoke during the public hearing urged denial. Dan Richardson, a resident near the property, said the area is zoned I‑1 light industrial but that the ordinance’s “no outdoor storage” language had been effectively eroded and that the site had “been getting less and less policed to where now it’s starting to turn into a junkyard.” Kathy Richardson and other residents described inoperable vehicles, flat tires and items stored on blocks and said the use harmed property values and neighborhood character. Nicky Harrington said he counted about 100 items being charged monthly for storage and described the visual impact on adjacent yards.

Tommy Johnson, a resident representing the landowner and petitioner, said the owner seeks only two changes to the conditions: removal of a licensing requirement and removal of a required pre‑annexation agreement. Johnson told the joint body that some tenants do not keep registrations current year‑round and that the license requirement could create “inconsequential noncompliance.”

Sheldon Jensen, Community Development Director for the City of Del Rapids, told the council that after consulting the city attorney the city would not require the pre‑annexation agreement because the parcel has no deferred assessments and the applicant is not constructing a building that would need utilities. “We’re okay with removing that condition,” Jensen said.

Board discussion centered on enforcement and the practical effect of licensing requirements. One county commissioner framed the CUP as a path to enforcement: allowing property owners to come into compliance under enforceable conditions, with the county able to declare a nuisance and require cleanup if conditions are not met by the deadline. County staff acknowledged enforcement challenges for tags visible only after closer inspection and suggested a titling requirement (to cover vehicles and trailers that require state titles) as a practical middle ground.

After a series of procedural votes and amendments between the county and city bodies, both the Minnehaha County Commission and the Dell Rapids City Council removed the pre‑annexation requirement (Condition 10) and approved the CUP subject to the remaining conditions, including the requirement that vehicles, campers and trailers be fully operational and properly titled or licensed where required by South Dakota law. The permit requires the site to be compliant with all conditions by July 1, 2025; the planning and zoning department reserves the right to inspect the site after proper notice.

The approval does not change other parts of the joint zoning ordinance; Hookman and other staff noted there are other properties in the industrial area that have outdoor storage under separate permits or that may warrant enforcement action.

The county commission and city council left open enforcement remedies, saying they would revisit the permit or pursue nuisance abatement if the property failed to meet conditions by the compliance date. No additional permits or building permits were approved as part of this action; building permits remain required for signage or if containers/structures are used as buildings.

Copies of the site photographs and a petition from nearby residents were entered into the record and referenced by speakers during the hearing. The joint body closed the public hearing and moved on to other agenda items after the votes.