Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Ordinance Change topic
No spam. Unsubscribe anytime.
Attorney seeks variance for homeowner's privacy fence; board also considers ordinance change to exclude fences from 'structure' definition
Summary
An applicant asked for a variance after the City of Spearfish issued a stop‑work order for a wood privacy fence; attorney Kellen Willard urged the board to recommend the variance while staff proposed an ordinance amendment to exclude fences and similar items from the county 'structure' definition.
The board considered a variance request from homeowner Sarah Davis for a wood privacy fence that the City of Spearfish had stopped while the jurisdictional issue was resolved. Attorney Kellen Willard represented the homeowner and asked the board to recommend a variance to allow completion of the fence before winter.
"My client simply asked me for the variance," Willard told the board, noting the fence is largely built and that the client followed permitting steps in the joint‑jurisdiction area. Staff recounted that the county has never routinely issued building permits for fences and suggested the situation reveals a gap in county ordinance language. Staff proposed Ordinance 2603 to clarify that, for the county's permitting purposes, fences, earthwork, retaining walls, slabs and utility poles are not considered "structures." The board discussed whether to process a variance now or change the ordinance prospectively; members approved a motion to recommend the variance to the Board of Adjustment so the homeowner can finish the fence, and staff said they will pursue an ordinance modification and schedule a public hearing.
The board's vote on the variance recommendation was by voice; staff will forward a recommendation packet to the Board of Adjustment and then bring draft ordinance language to a public hearing on Sept. 3, 2026.
