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Deuel County board approves three variances; H‑D Electric sign variance left unresolved after vote-threshold review
Summary
At its May 11 meeting the Deuel County Board approved three variances for dwellings and shelterbelts but a variance for an H‑D Electric sign drew only three affirmative votes and, after an administrative review, failed to meet the four-vote threshold required for final approval; the matter will return to the Board.
The Deuel County Zoning Board met May 11, 2026, and approved three variance requests while a sign-variance request from H‑D Electric Cooperative was left unresolved after staff determined the motion did not meet the ordinance's required voting threshold.
Vice Chairman Kevin DeBoer called the meeting to order at 6:30 p.m. and the Board first approved the April 13, 2026 minutes. The Board then recessed the Planning Commission and convened as the Board of Adjustment.
Zoning Officer Jodi Theisen described a variance by Aaron Kozlowski for property at 19339 SD Highway 15 in Toronto. The parcel is approximately 12.2 acres and the request, under Section 1101.05.06 of the Deuel County Zoning Ordinance, would permit a second single-family dwelling on the existing farmstead to accommodate a multi-generational family arrangement; the applicant indicated the current dwelling would be removed within about 15 years. The Board found the parcel met lot-size requirements, that the proposed density does not exceed two dwellings, and approved the variance with conditions requiring that the additional dwelling be occupied by a relative or employee engaged in the agricultural operation, that it be removed if no longer used for farm-related purposes, and that all applicable setbacks be met.
The Board approved two shelterbelt-related variances. Thad Krause's request to plant a single row of lilacs within the standard 150-foot shelterbelt setback in Clear Lake Township was approved with a condition aligning placement with the South Dakota Department of Transportation recommendation that plantings be no closer than 15 feet from the SD Highway 22 right-of-way. Separately, Ryan Wells and the Wells Trust received approval to replace storm-damaged trees with a four-row shelterbelt in Altamont Township, allowing the first row to be located no closer than 30 feet from the county road right-of-way and permitting the windward row within 150 feet, with the County Highway Superintendent recorded as reviewing and supporting the placement.
H‑D Electric Cooperative sought two variances for property at 18240 SD Highway 15 in the Commercial/Industrial District: increasing the maximum allowable sign size from 80 to 100 square feet and reducing the required front-yard setback from 100 feet to 50 feet from the Highway 15 right-of-way. The Board discussed visibility and safety; H‑D Electric manager Matt Hotler said he would contact the South Dakota Department of Transportation to confirm applicable right-of-way regulations. The motion to allow a 100-square-foot sign and placement no closer than 25 feet from the Highway 15 right-of-way passed on a voice tally of three yes votes with one abstention (Vice Chairman DeBoer recused himself from voting on this item).
After the meeting, county staff conducted an administrative review of Section 505 of the Deuel County Zoning Ordinance and confirmed a variance requires an affirmative vote equal to two-thirds of the full five-member Board (four affirmative votes). Because the H‑D Electric motion received only three affirmative votes with one abstention, staff concluded it did not meet the required threshold and therefore did not constitute final approval. Deuel County staff said the matter will be placed on the next Board of Adjustment agenda for clarification and further action.
Votes at a glance: - Aaron Kozlowski (19339 SD Hwy 15) ' Variance to allow second single-family dwelling: Approved (all voted in favor). Conditions: occupancy by relative/employee, removal if not farm-related, max two dwellings, meet setbacks. - Thad Krause (shelterbelt) ' Single-row planting within 150-ft shelterbelt setback: Approved with condition to locate plantings at least 15 feet from SD Highway 22 right-of-way (DOT recommendation). - Ryan Wells / Wells Trust (four-row shelterbelt replacement) ' Approved to allow first row no closer than 30 feet from county road right-of-way; windward row permitted within 150 feet (supported by County Highway Superintendent). - H‑D Electric Cooperative (18240 SD Hwy 15) ' Motion to permit 100-sq-ft sign and reduced setback (to ~25 feet) passed with three affirmative votes and one abstention; post-meeting review found the vote did not meet the four-vote threshold required for final approval; item will return to the Board.
The Board asked that Findings of Fact and Conclusions of Law for each application be placed on file with the county records. The Board recessed the Board of Adjustment and reconvened as the Planning Commission before adjourning for the evening. The next regular meeting is scheduled for June 8, 2026.
