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Davison County board permits hunting cabin at 50-foot setbacks, eliminating need for variance
Summary
On Oct. 14, 2025 the Davison County Board of Adjustment approved allowing Scott Suelflow to site a hunting cabin 50 feet from the north and east property lines, concluding that those setbacks bring the proposal into compliance so no variance is required. The board also approved routine agenda items and adjourned at 9:35 a.m.
The Davison County Board of Adjustment voted Oct. 14, 2025 to allow property owner Scott Suelflow to site a hunting cabin 50 feet from both the north and east property lines, a decision the board said brought the project into compliance with county rules so that no variance was required.
The board considered a proposal that would have created a setback of about 40 feet from the proposed cabin to the north property line; the minimum front-yard setback in the Agricultural District is 75 feet. The applicant's attorney argued the 75-foot front-yard requirement should not apply because the cabin would be located more than 75 feet from the right-of-way and, the attorney said, the ordinance's front setback applies only to rights-of-way. The attorney also told the board that Suelflow was willing to accept a 50-foot setback from the north property line.
After discussion the board approved a motion to change the required setback from 75 feet to 50 feet and to grant Scott Suelflow permission to build the hunting cabin 50 feet from the north and east property lines. The motion was made by Nebelsick, seconded by Claggett, and the roll-call vote was Claggett—aye, Reider—aye, Blaalid—aye, Bode—aye, Nebelsick—aye. The board recorded the motion as carried.
The property is legally described in the record as SW1/4, except Mitchell James River Pump Site, in Section 1, Township 103 North, Range 60 West of the 5th P.M., Davison County, South Dakota. Meeting materials in the record show the application was received Sept. 22, 2025; notice was published in the Daily Republic on Sept. 27 and Oct. 4, 2025; and signs and mailed notices were posted on Sept. 26, 2025.
Earlier in the session the board approved the meeting agenda and the Sept. 16, 2025 minutes (motions by Nebelsick, seconded by Blaalid; both passed unanimously). The meeting adjourned at 9:35 a.m. after a motion by Blaalid and a second by Nebelsick; all members voted aye.
The board's minutes note the Planning Commission had recommended granting a 2-2-3 variance but that motion was denied at the Board of Adjustment; because the board approved the 50-foot setbacks the board recorded that no variance was necessary for the cabin under the county interpretation applied at this meeting.
