Spearfish Planning Commission Regular Meeting – March 3, 2026

The Spearfish Planning Commission met in regular session on Tuesday, March 3, 2026, from 4:00 p.m. to 5:10 p.m. in the Council Chambers at City Hall, 625 5th Street, Spearfish, and via Zoom. Members present were Tysdal, Moths, Byrum, Davison, Bordewyk, and Duncan; Wilde was absent. Staff present included Planning Technician Vasiliki Pistoftzian, Assistant Planning Director Jaymia Ecker, and Community Development Director Peter Wysocki. The commission approved the agenda and prior minutes, acted on two action items, held two discussions, received updates, and heard one public comment.

Approvals

• The agenda was approved 5-0 on a motion by Davison, seconded by Bordewyk.
• The February 17, 2026 regular meeting minutes were approved 5-0 on a motion by Davison, seconded by Duncan.
• No conflicts of interest were declared.

Action Item: Variance Request – 120 Birch Street

• Staff recommended approval of applicant Donovan Lerew's request for a variance to reduce the required rear setback from 25 feet to 12 feet on an R-2 zoned lot in the original town area. Staff described the lot as about 8,000 square feet; the applicant said it is a 7,000-square-foot lot.
• The variance would allow construction of an attached garage after removing existing detached structures. Lerew said the current garage was built in 1952, cannot accommodate modern vehicles, and the household has four vehicles; he cited winter on-street parking, mail and snow access, and festival parking problems.
• One commissioner expressed support for the applicant's goal but questioned whether the third variance criterion, unnecessary hardship due to the physical conditions of the property, was met.
• Moths moved to recommend approval of the variance to 12 feet, rather than the 16 feet referenced in the staff report, because the plan drawing showed 12.5 feet. Davison seconded. The roll-call motion passed 5-0, with Moths, Byrum, Davison, Bordewyk, and Duncan voting aye.
• The commission set a public hearing before the Board of Adjustment, which is the City Council in this case.

Action Item: Preliminary Plat – Block 2, Elkhorn Ridge Golf Estates

• Staff presented an updated preliminary plat for Block 2, located near Duke Parkway and St. Onge Road. The required public hearing had already been held on February 17, 2026. Updates included plat title, topography, utility information, adjacent landowners, sewer lift station capacity, and DRD approval process information.
• Applicant representative Augusta Kickbusch of Interstate Engineering said the owners want to sell the property, have no buyer or development plan yet, and any future development would return through the process. She apologized for a prior misunderstanding about preparing a final instead of preliminary plat.
• Commissioners discussed why the preliminary plat was required: no preliminary plat had ever been submitted for this remainder area. Staff noted a future final plat could be approved administratively unless further subdivision or multifamily development is proposed.
• Davison moved to recommend approval, Moths seconded, and the motion passed 5-0, forwarding the preliminary plat to City Council.

Discussion: Preliminary Plat versus Final Plat

• Staff reviewed the platting process for information. A sketch plat is the first step and is normally approved administratively. A major plat involves four or more lots and requires a preliminary plat, a planning commission public hearing, and City Council approval. A minor plat involves three or fewer lots and can proceed directly to a final plat, which may be approved administratively. Final plats are recorded with the register of deeds and are needed to sell lots.
• Several commissioners asked whether major sketch plats could come to the commission informally before the formal public hearing. Staff said a code amendment would be required, but applicants could voluntarily present sketch plats as discussion items.
• One commissioner noted that using only the number of lots to define major versus minor does not capture project complexity, since commercial proposals with three or fewer lots can be complex. Staff agreed the extraterritorial jurisdiction ordinance has a more nuanced definition and said subdivision code revisions should consider the issue. Staff also noted administrative approval is permissive and could be routed to the commission when appropriate.

Discussion: Parks and Recreation Master Plan

• Staff presented the 2022 Parks and Recreation Master Plan, developed in-house using more than 1,300 survey responses, 2019 demographic data, and Census Bureau data. The plan is not referenced in code despite having been adopted by City Council.
• Under the plan, a development creating 50 or more residential units receives a park review if it is beyond one-third of a mile from existing park land. The plan uses 0.01 acres of park space per person and 2.52 people per household, with the per-person figure described as coming from the National Parks and Recreation Association.
• Staff also noted existing zoning requirements: R-3 multifamily uses require 50 square feet of usable open space per dwelling unit with a designated children's play area, and manufactured home developments require 150 square feet of recreation space per home site. The term child play area is not defined in code.
• Discussion addressed the one-third-mile park standard being a straight-line Euclidean distance rather than actual walking distance, long-term HOA maintenance challenges and liability, ADA and equipment replacement costs, and possible code revisions such as fee-in-lieu and pedestrian or bicycle connectivity requirements.

Departmental Updates

• Wysocki reminded the commission about the joint Planning Commission and City Council study session on March 17, 2026, to receive Clarion's presentation on the analysis of zoning and subdivision ordinances and the draft Engineering Design Standards.
• The Parks and Recreation director position is vacant and has been posted; duties are temporarily divided between division managers.
• On February 17, 2026, City Council adopted the Safety Action Plan, which positions the city to apply for grants to implement plan recommendations.

Public Comments & Testimony

• Joe Jorgenson commented that the Parks and Recreation Master Plan is not an ordinance and is not enforceable. He cited an attempt to require Spencer Rossi to install a park at Top Shelf that was challenged by an attorney, and said about 40 to 50 acres had already been dedicated in that area; the proposed park requirement had a cost around $500,000.
• He called the one-quarter-mile park standard absurd for a 500-acre hillside subdivision near Exit 17 and said it would be impossible to meet. He said he has donated more park and open space land than anyone in the area, described developing Jorgensen Park using donated labor and materials, and said the ordinance needs many changes during its rewrite.

Key Outcomes

• Agenda and February 17, 2026 minutes approved 5-0.
• Recommended approval of a 12-foot rear setback variance for 120 Birch Street by a 5-0 roll-call vote and set a Board of Adjustment public hearing.
• Recommended approval of the preliminary plat for Block 2 of Elkhorn Ridge Golf Estates by a 5-0 vote, forwarding it to City Council.
• Discussion items on plat procedures and the Parks and Recreation Master Plan were informational; no formal action was taken.
• Staff will consider commissioner direction on sketch plat review and park dedication standards; the next major milestone is the March 17 joint study session.