Pennington County Planning Commission approves multiple conditional use permits, ADU, replat and transfers

PENNINGTON COUNTY, S.D. — The Pennington County Planning Commission on Jan. 27 approved several land-use requests including conditional use permits to allow a storage-unit business to remain, a home-occupation salon, an accessory dwelling unit (ADU) in a planned unit development and the transfer of a vacation home rental, and it approved a preliminary replat to reconfigure lot lines.

The approvals affect properties across Pennington County, and commissioners discussed floodplain access for a vacation home rental, fire-escape and water-supply questions for an ADU in Rushmore Ranch, and neighbor parking concerns for a proposed home salon.

The meeting matters because the permits and replat alter permitted uses, development rights and recorded lot lines in unincorporated Pennington County and may affect neighbors, emergency access and future transfers of property rights.

Commission action and notable discussion

Votes at a glance (all approvals recorded by voice vote; roll-call tallies were not recorded in the transcript): - Consent agenda: conditional use permit reviews (items 4, 5 and 6) approved per staff recommendations; item 7 (COCUR24-5) was removed from consent and subsequently approved for a duplex (two units) with six conditions. - COCU24-0033: Approved (storage-unit business at 7401 Dunsmore Road) with 11 conditions. Jason Theneson, assistant planning director, presented the request and noted the parcel is 11.06 acres and contains 17 storage units and an office; staff reported no interdepartmental objections and recommended approval. - COPU24-007 (minor PUD amendment / ADU at 13707 Hermosa Court in Rushmore Ranch Estate Subdivision): Approved with 15 conditions after discussion of fire egress and water capacity. Kelsey Rausch, planner, said the proposal meets county ADU criteria in the zoning ordinance; commissioners raised questions about water supply and fire-escape design. The applicant, Rick Kerstad (representing owner Dana Kierstead), confirmed conversations with Jerome Harvey, the county fire coordinator, and said they will add a deck and exterior stairs for egress. Kerstad said, “we did talk with Jerome Harvey and he told us that we needed to add another rural sheetrock up above and fire tape it and then build the deck for egress.” - CUR 1918 (vacation home rental transfer at 12283 Deerfield Road): Approved with 13 conditions. Megan Talmich, planner, noted the property is in a rural residential district and lies in a special flood hazard area. Commissioners discussed the property's primary access and secondary exit in emergencies; Talmich said she was “unsure of the terrain” for a secondary route but identified a northern road that may provide an alternate exit above higher elevation. - COCU25-0001 (home-occupation salon at 5140 Twilight Drive): Approved with 14 conditions. Neighbor Les Mettlider asked about parking on Meadow Lane; applicant Brock Linderman replied, “we are going to have parking right in the front there... we even plan to make that a concreted space... there will definitely be plenty of parking.” - COPPL24-0012 (preliminary plan / replat to create Tract 2 revised and Tract 3 of Peyton Addition at 11515 Sheridan Lake Road): Approved with four conditions. Planner Megan Talmich said both resulting parcels will remain above 10 acres and no rezoning is required.

Discussion highlights and clarifications

Storage unit parcel: Jason Theneson explained that the storage business is on 11.06 acres, is currently zoned commercial and contains 17 storage units and an office; staff recommended approval because the use has historical approvals and the parcel became legal nonconforming after surrounding annexations. Theneson noted a 2021 Board of Commissioners amendment had allowed a 6-foot setback for storage units, which the county will treat as legal nonconforming for this request.

Rushmore Ranch ADU: Kelsey Rausch said the ADU request meets the county's ADU criteria and that building permits were issued previously for a detached garage with a loft; the applicant wants to finish the loft into living space with a kitchen and bedroom. Commissioners repeatedly asked about water availability in Rushmore Ranch and potential impacts on neighboring Mountain Meadows. Rausch said the county's conversations with the water district indicate it "have[s] enough to support Rushmore Ranch and conditionally, Mountain Meadows." Fire-safety concerns prompted discussion of an alternate, exterior egress; applicant Rick Kerstad affirmed he had discussed required fire-resistance upgrades with the county fire coordinator.

Vacation home rental transfer: Planner Megan Talmich showed a flood map and confirmed the primary means of egress crosses a creek and the Mickelson Trail; commissioners asked whether a second, higher-elevation exit was available. Talmich said she did not see a clearly defined second means of access on the maps provided and described a northern road that could be used depending on terrain and property access agreements.

Home-occupation salon: Neighbor Les Mettlider questioned street parking at a nearby corner; applicant Brock Linderman said the residence's front area will be improved to provide roughly five off-street spaces and that Meadow Lane will not be used for client parking.

Procedural and ordinance notes

Staff repeatedly cited Pennington County ordinances as the basis for review: county zoning criteria for conditional use permits, the planned unit development (PUD) criteria and the county's revised vacation home rental approach (which allows owners to keep existing conditional use permits or convert to a license). Kelsey Rausch and Megan Talmich noted that some existing vacation home rental conditional use permits remain with properties by choice because a CUP can secure a property right that survives ordinance changes.

What comes next

The commission's recommendations will be forwarded to the Pennington County Board of Commissioners, which will consider the items at its regular meeting on Feb. 4, 2025, at 10:30 a.m., per the chair. Several approvals included conditions that staff said will be verified during building-permit review or through specified follow-up with county departments (for example, fire-coordinator review of egress plans for the ADU).