Board denies rear-yard variance for Pleasant Lake Circle property

The Dickinson County Board of Adjustment voted 4–1 on May 26 to deny a requested rear-yard variance for property at 16744 Pleasant Lake Circle in Pleasant Acres Township.

Applicant Jed Siegwarth told the board the property’s steep banks and a 1970s lot layout leave only a small buildable envelope across three lots, and that mature trees and a required 100-foot drain-field setback from the lake constrained site layout. “the steep banks and topographical challenge that is presented is the reason for the 3 lots in a buildable envelope is small as the lots were designed in 1970’s,” Siegwarth said. Planning staff told the board septic approval has not yet been granted and a separate review by the Board of Health will be required if the application were approved.

Board member Kirby Berhow moved to grant a rear-yard setback of 10 feet where 25 feet is required (a 15-foot variance); Westerman seconded. The board’s recorded vote was Susan Clark — yes; Alex Oponski, Douglas Westerman, Jeff Ashland and Kirby Berhow — no, resulting in denial. During public comment, neighbor Don Mittelstadt presented a map and said he had attempted to resolve boundary and cul-de-sac issues with the applicant before the variance was filed; the applicant’s co-owner, Gary Siegwarth, disputed that account.

The board discussed alternatives including lot consolidation and legal steps to alter the cul-de-sac; staff clarified that replating is not required to install a well but that setback rules still apply. If denied, staff said the applicant may reapply after 90 days.

Provenance: topicintro SEG 012, topfinish SEG 028