Spearfish Planning Commission Meeting – May 19, 2026

The Spearfish Planning Commission met on May 19, 2026, at 4:00 PM in City Hall and via Zoom. The meeting lasted until 5:50 PM. Commissioners present: Tysdal (Chair), Byrum, Bordewyk, Davison, Moths, Wilde. Duncan was absent. Staff present included Community Development Director Peter Wysocki, Assistant Planning Director Jaymia Ecker, City Engineer Kyle Mathis, and Planning Technician Vasiliki Pistoftzian. The commission addressed three action items: a variance request for a gas station setback, proposed revisions to Chapter 154 (Subdivisions), and a major final plat for Maitland Vistas Subdivision. Public comments were heard on the subdivision ordinance and ETJ process.

Consent Calendar

• Approved the agenda as presented (5-0).
• Approved the minutes of the May 7, 2026, meeting as presented (5-0).

Public Comments & Testimony

• Randy Deibert (professional mapping and surveying, and former county commissioner) commented on the Maitland Vistas plat, recommending that minor corrections be handled by staff and that the plat move forward. He later urged the city to update the extraterritorial jurisdiction (ETJ) ordinance with low-hanging fruit (e.g., changing “shall” to “may” for public hearings on plats).
• Bradley Limbo (applicant for Maitland Vistas) expressed concern that the language “shall be consistent with” the comprehensive plan and other master plans would be too rigid, suggesting “shall utilize and consider” instead.
• Joe Jorgensen (public comment) suggested the city hire a consultant like Bill Moss to review plats to avoid deficiencies.

Discussion Items

1. Variance Request – 2615 Colorado Avenue (Gas Station Setback)

• Applicant: Branden Ginter, c/o Randy Bender. Request to reduce rear-yard setback from 10 feet to 5 feet for a gas station rebuild after a fire.
• Staff Recommendation: Denial, citing failure to meet criteria 2 and 3 of City Code Section 156.081.D (no special physical condition or unusual hardship).
• Applicant’s Position: The reduction would improve traffic flow and safety around pumps and ADA access, but acknowledged it is a private hardship.
• Commission Discussion: Commissioner Davison noted inconsistency with a prior residential variance approval, but staff clarified the earlier case met a specific exception (lot size <8,000 sq ft or in original town subdivision).
• Motion: Bordewyk moved to recommend denial; seconded by Davison. Passed 3-2 (Byrum, Bordewyk, Davison in favor; Moths, Wilde opposed). The matter will go to the Board of Adjustment (City Council) on June 1, 2026.

2. Proposed Revisions to Chapter 154 (Subdivisions)

• Background: Public hearing continued from prior meetings. Staff presented version 3 with minor changes, including provisions for private well/septic under certain conditions (e.g., unique geography, low-density areas).
• Key Debate: Language in section 154.065 requiring subdivisions to be “consistent with” master plans. After discussion, the commission agreed to replace “consistent with” with “utilize and consider” to allow flexibility. Applicant Bradley Limbo supported this change; Randy Deibert recommended adding “unless otherwise approved.” The commission favored “utilize and consider.”
• Motion: Bordewyk moved to recommend approval with the amendment to 154.065; seconded by Wilde. Passed 4-1 (Byrum, Bordewyk, Moths, Wilde aye; Davison nay). Davison explained he preferred “substantial alignment” to ensure plans are guiding documents. The ordinance will go to City Council for first reading on June 15, 2026.

3. Major Final Plat – Maitland Vistas Subdivision (ETJ)

• Applicant: Brad Limbo for Legendary Investments LLC, et al. Location south of E Colorado Boulevard and Maitland Road.
• Staff Recommendation: Approve subject to road maintenance agreement.
• Issues: Realignment of Centennial Road (20–30 foot deviation) due to rock conditions; final construction drawings and as-built under review. Commissioner Moths raised concerns about past plats being changed after commission approval and deficiencies in the plat (missing labels, duplicate certificates). Staff argued the changes are minor and within substantial compliance.
• Public Comment: Randy Deibert recommended approving with conditions and letting staff handle minor corrections. Applicant Roy Maynard noted financial strain and need for timely approval.
• Motion: Moths moved to continue (table) the item; died due to lack of second. Bordewyk moved to recommend approval pending staff review and acceptance of final construction drawings and as-built, including minor changes to roadway alignment within existing variances, establishment of road maintenance agreement; Davison seconded. Passed 4-1 (Byrum, Bordewyk, Davison, Wilde aye; Moths nay). The final plat will go to City Council for public hearing and final approval on June 15, 2026.

Items from Commissioners

• Commissioner Moths discussed frustration with plats being approved by the commission and later changed before reaching City Council, and with deficiencies in plats presented. He asked for clearer processes and enforcement of ordinance requirements. Other commissioners acknowledged the balance between precision and efficiency.

Key Outcomes

• Variance (Gas Station): Recommended denial (3-2). Board of Adjustment hearing scheduled for June 1, 2026.
• Chapter 154 Revisions: Recommended approval with amendment (4-1). City Council first reading June 15, 2026.
• Maitland Vistas Final Plat: Recommended approval with conditions (4-1). City Council hearing and final action June 15, 2026.