Dickinson planning commission recommends rezoning for Hart River lots despite neighborhood opposition

The City of Dickinson Planning & Zoning Commission voted to recommend approval of REZ‑007‑2025, a rezoning request to change five lots in the Hart River 4th Subdivision from Low Density Residential (R‑1) to Medium Density Residential (R‑2), a step that would allow the developer to replat the parcel into three roughly 16,000‑square‑foot lots and build three four‑unit multifamily buildings.

City planner Natalie Burczyk briefed the commission that the site is about 1.13 acres and that the rezoning would permit the construction of the three four‑unit buildings and require a future replat. Burczyk said the proposal had been tabled at the October meeting to allow a public engagement session, which was held Oct. 29, and that a petition opposing the project with about 77 signatures was submitted to staff the morning of the hearing. Staff recommended approval of the rezoning to the commission.

Neighbors and property owners voiced objections during the public hearing. "If this is approved, I'd like to see contingencies — the person making the profits should give the amount that homes have decreased in value to the homeowners," said Larry Iverson, who lives at Maine and 7th. Iverson also raised traffic and quality‑of‑life concerns. Mary Adzro, who said she has lived in the area since 1990, told the commission two‑story apartment buildings would raise lighting and privacy problems and cited wildlife on the vacant lot as a reason to prefer lower‑density homes. Dan Zukke, a Quonset owner adjacent to the site, warned the project could cut off north access to his property and noted many current access routes cross private lots.

Burczyk and staff responded to several points: the applicant will pay the development costs for the new street construction, so staff said there would be no assessments against adjacent property owners; access across private lots currently exists and staff advised owners to negotiate ingress/egress easements with the developer because the commission cannot compel private easements; and longstanding Quonset buildings in the area are legally nonconforming and would not be allowed to be rebuilt in their current locations if they are substantially altered or destroyed.

Commission discussion emphasized that the proposed R‑2 zoning already exists immediately west of the site and that the proposal would not constitute spot zoning under city rules. Commissioners also noted traffic data provided showed relatively few enforcement stops on 7th Street in the recent reporting period but acknowledged residents remain concerned. One commissioner clarified that only three of the proposed fourplexes will be built (a clarification staff supplied during the hearing).

Commissioner (S4) moved that the Planning & Zoning Commission recommend approval of REZ‑007‑2025 as consistent with the Dickinson comprehensive plan and zoning ordinance; the motion was seconded and passed by voice vote. The action is a recommendation to the City Council; final rezoning requires council action.

The commission did not adopt any binding easement or mitigation conditions at the hearing; commissioners suggested affected property owners and the developer negotiate access easements and that staff include right‑of‑way and subdivision requirements as part of the replat and permitting process. The rezoning will be forwarded to the City Council for final consideration.

What’s next: the council will receive the commission’s recommendation; any replat and building permits would follow only after final zoning approval and any applicable subdivision approvals.