Staff recommends repeal of subdivision provision to restore variance tool; commission backs move to council

City staff presented Ordinance 2024-06 on July 2 proposing repeal of a provision of the subdivision regulations in Sturgis Municipal Code (listed as 19-2-3) that prevents use of the variance tool for plats recorded after Jan. 1, 1993.

Eric Miller explained the provision conflicts with an existing rule that allows variances for hardship and topography. Miller said the repeal would eliminate a direct prohibition and restore the planning commission’s and council’s ability to consider variances for newer developments, particularly those on steeper, hill-area parcels where standard subdivision requirements (sidewalks, standard lot layouts) may be impractical. “The ultimate goal of repealing that specific provision is to eliminate subdivision regulations [that prevent variances],” Miller said, adding that the variance process would still require planning commission and council review and must meet established criteria.

Commissioners asked whether removing the provision could have unintended consequences; Miller said safeguards remain because any variance must meet the standard criteria and undergo planning commission review and council approval. After discussion, the commission voted to recommend approval of the ordinance to the city council.

If the council follows the commission’s recommendation, the repeal would be subject to the council’s public hearing and standard ordinance adoption process.