[0:09] [clears throat]

[0:18] We can get started. Perfect. All right, let's call the

[0:23] meeting to order.

[0:31] To the flag of the United States of America to the republic for it stands

[0:37] one nation indivisible with liberty and justice for

[0:42] all

[0:46] [clears throat]

[0:49] had a chance to look at the agenda. I would entertain a motion to approve the

[0:54] agenda.

[1:01] » Second. >> Moved and seconded twice.

[1:07] All those in favor? I none.

[1:13] Uh hopefully everyone's had a chance to read the minutes from last meeting.

[1:19] [clears throat] There's no discussion or edits. I would

[1:24] entertain a motion to approve the minutes from last meeting.

[1:30] So moved

[1:33] and seconded. All those in favor? >> Unanimous.

[1:39] Are there any conflicts of interest on the agenda today?

[1:47] Seeing none,

[1:51] any public comments, official public comments before we start.

[1:57] Council seeing none move on agenda item number one.

[2:05] [clears throat] Okay. The first thing I have for you is request

[2:10] of lots A, B, C, and D of Borderland subdivision.

[2:15] Applicant indeed holder is Michael and Stephanie Divine. They are proposing a

[2:22] four parcel subdivision. Lot A, B, C, and D will all be 24.69

[2:28] acres. Access to the lots to the [clears throat] lot is from Mikey Place

[2:33] which is a 66 foot dedicated public rideway. Access to lots A, B, C, and D

[2:39] is for a new 66 foot wide public access utility easements aesthetic flat.

[2:48] We have a comment from the highway department. Um, he will need a

[2:51] construction estimate on the road to be built so a bond can be collected for the

[2:55] road construction. Please provide cost proposal estimate and drawing so county

[2:59] commission can determine the bond to be collected.

[3:04] Um, [clears throat] Black Hills Co-op asked to have

[3:11] on the flat they have an underground primary running through track. They

[3:14] won't have to other than that there's no issues.

[3:19] » So track one I assume is track A. >> Track one is the whole track now. Oh,

[3:25] [clears throat] I just see it.

[3:32] » So, is that discussed with the property owner?

[3:39] » Yep. [laughter] I have to discuss.

[3:48] » So, you're okay moving forward with them two contingencies?

[3:57] Okay. No. Is there a motion? Yeah.

[4:04] I was just making sure that she's your motion and seconded. Any further

[4:10] discussion? [clears throat]

[4:17] Seeing none. All those in favor. All those

[4:30] agenda item number two. [laughter]

[4:39] The next one we have is a variance request to ordinance number two article

[4:44] 4 section 17C. The minimum distance between any structure and any property

[4:49] line [clears throat] other than arrival shall be 15 ft.

[4:53] Applicant is requesting a variance from ordinance number two set back with the

[4:58] property line. We requesting to be 10 ft from the property line. Reason for

[5:03] variance is the concrete was poured encroaching on the property line.

[5:09] [laughter] There is a

[5:14] a survey. They did he did have it surveyed. Um

[5:19] there was a comment from register of deeds.

[5:22] No, this is a 5 acre parcel. This is beginning to get out of control. Is

[5:27] there someone telling the contractor should just pour the concrete and then

[5:30] come in for

[5:38] the >> property? I've never done this before. I

[5:41] don't know when the speed of so he does. I can share the back story if this

[5:46] helps. Um when I actually hired the contractor to

[5:50] do it, I asked him to contact the county. I'm new here. I've only been

[5:54] here for a couple years. I'm not from the area. I don't know this place. So I

[5:58] relied on the contractor to perform this. [snorts] Um he I guess fell short.

[6:04] Um I then found this out after the concrete was done. So um it's the way

[6:11] it's the plot is, it's a little triangle on the far corner that's not meeting

[6:17] requirements. I literally can lay my body in it and that's the size of the

[6:21] triangle. But I'm trying to go by letter and try to do my building as best

[6:26] possible. [clears throat]

[6:29] So Terry, I saw in the packet that you sent by email that there was a letter

[6:34] sent to the butter and you never got a response from that.

[6:44] » This individual owns [clears throat] properties just self. I looked up onx

[6:48] who was paying the taxes. I didn't contact them. I'm not familiar with

[6:52] them. There's nothing built on that property at this point in time.

[6:56] [clears throat] I know this look like there's anything going to be built in

[7:00] soon.

[7:04] » The survey was done prior to concrete uh post I was trying to see what level I

[7:12] needed to get.

[7:20] So in the ordinance the reasons for variance are

[7:26] » um topography.

[7:33] [clears throat and cough]

[7:37] Um the board upon recommendation of the planning commission may vary these

[7:41] regulations due to unusual pornography or other conditions so that substantial

[7:45] justice may be done in the public's interest here provided that such

[7:49] variation will not have effect of nullifying the intended purpose of this.

[7:56] » So what did you say a letter was sent to neighbor? Yeah, I did send a letter and

[8:01] I'll send another one.

[8:12] » The 19th

[8:16] August. >> Yeah.

[8:19] [clears throat]

[8:24] » So they don't live there just a piece of property.

[8:27] » [clears throat] >> Yeah, I think the

[8:29] » it's just wrong. They own both parcels, the 5 acre and the 10 acre.

[8:43] So, is there already um power to both properties

[8:48] or does that >> easily need to be kept open for running

[8:53] access for power lines? I don't know if there's power or not. Is

[8:59] there a reason why >> there's power on the road?

[9:01] » Why you put why why is there a terrain reason or

[9:07] some other reason? >> There were some massive boulders that

[9:10] the contractor ran into which are now decorations on the property. And again,

[9:16] I asked him to contact the county and I'm planning clean up now.

[9:23] [clears throat]

[9:25] As you can see in the photo actually right there, [clears throat] there was

[9:28] master. That whole corner all the way around on that north edge is all

[9:34] gigantic folders that were left behind that they can't take out.

[9:46] Yeah, there is. I know the property, but I think the the main thing that I would

[9:54] say could could be an issue is if the neighbor needs

[9:58] if they don't have problem, I don't have a problem with.

[10:02] But if they need that 15 foot to run a power line,

[10:06] um that's I think we need to find out. Well, wouldn't

[10:10] » that 15 foot be on their property though?

[10:15] It's 10 and 10 with a 10.8 foot right away. Then we're

[10:21] still meeting the 10 and 10. >> Yeah,

[10:23] » I was told that it was 10 and then it got changed not too long ago to 15

[10:30] by I don't know by the county by just hearsay. I know the trick.

[10:36] » So it's not in Black Hills energy territories. in the co-op when the co-op

[10:42] didn't respond. They don't respond then's

[10:48] how they work. [snorts] >> I think based on decisions that we've

[10:51] made as a commission in the past, I would make a motion to approve it.

[10:55] » I would second it and I would hope that we would be here back from the neighbors

[11:00] before the commission sees it. just in case there was something closer.

[11:06] But

[11:15] » and typically when people get a building permit, you give them the form that

[11:19] shows the setbacks and the >> well.

[11:23] So >> typically if somebody would get a

[11:26] building permit before they start and all that

[11:28] » what they told me is because it's concrete you didn't need a permit is

[11:32] what you told me >> correct you don't get a permit for the

[11:35] concrete >> that might be a good requirement in the

[11:40] future >> so there's not going to be a building on

[11:42] it's just concrete >> no it's going to be a pole bar

[11:45] » but I I can't build on that corner you >> sure okay

[11:49] » so I I just need to know how I have to structure that corner Okay,

[11:54] guess call for vote. All those in favor.

[12:06] [clears throat]

[12:24] » [clears throat]

[12:37] » Moving on to item number three. >> The next one is a request for section

[12:43] [clears throat] 9 improvement. Um, applicant is petitioning to approve

[12:49] a portion of the 66 wide section highway starting at the end of this road west.

[12:56] Um, and continuing all the way over to the west half of the northwest part of

[13:02] the northwest quarter section 24. Um,

[13:09] that parcel is for sale and is going to be purchased.

[13:13] » [laughter] >> There is no access to it right now

[13:17] because it is a section line. Um

[13:22] how many years five years

[13:28] fiveish couple years ago the parcel down below came in and asked

[13:35] to improve this section line going to this corner but then shooting down

[13:41] south. And that one has never been improved.

[13:45] They never did anything with it. They don't need the access to that going

[13:49] south anymore. Um so now [clears throat] we're just asking to go

[13:54] from the end of the road west to that parcel so that they can access their

[13:59] parcel. According to the new owners, they will

[14:03] just come right off the corner and go

[14:07] straight up their property without using a section line going to the north.

[14:15] So on what you sent us was it just that little green piece. Okay.

[14:21] Um they did provide a road bond estimate on there. The highway department did

[14:27] comment. The county commission will have to decide on a bond amount to be

[14:31] collected from the proposal. Blackfield Energy does have a

[14:36] transmission line in the area but sees no issue with the line.

[14:41] with section being

[14:48] » and the portion of the road that's being improved is on their property or

[14:51] » both both sides 33 and 33

[14:55] » and and both lane owners are in favor of it

[14:58] » the the one down below. Yes.

[15:11] It just was seen ter going all the way across in that

[15:29] » phone. I believe

[15:36] [laughter] >> which property owners will be able to

[15:39] get a letter to >> the 937.

[15:43] So that's borderland and then these guys the tab searing they're the ones that

[15:49] came in originally five years ago to improve the section line.

[15:53] » Did they get a letter this time? >> No, they did not get a letter. I can't

[15:57] get them out this one because they came in too late. They meet the deadline for

[16:03] the meeting. I can't get a letter to the people in time for them.

[16:07] » I'd make a motion to table it until we get letters.

[16:10] » I

[16:18] would put it when would you put it on the commission

[16:22] meeting? Um, so it would go to

[16:30] commission. I would put it on the 23rd meeting because I can send a letter this

[16:35] Friday for the 9th and 16th. >> You send certified letters?

[16:39] [clears throat] >> I do for these. Yes. Y, but I didn't

[16:42] they got it two weeks, but I could send one for this. But I always send them to

[16:46] the commission meeting because that's the actual public hearing on it.

[16:50] So I have to advertise for two weeks. I advertise the 9th to the 16th and I will

[16:54] get send a letter out this week for that meeting on the 23rd.

[17:03] Is there a standard from I don't want to delay projects just

[17:09] because people don't respond and sometimes people don't respond on

[17:14] purpose even if they receive a certified letter

[17:19] just I'm not going to respond. No response is in fact the response and I

[17:24] don't want to hold people's projects up because of that. But is there a timeline

[17:28] you wait of because you sent it certified, you know, they got it on X

[17:33] date via Correct. >> Is there a Well, if they had 30 days to

[17:38] respond and didn't respond, we're just going to move on with the universe

[17:42] because they're not responding. >> So, I usually

[17:49] commission for two weeks.

[17:53] They have three weeks to respond. I send it out the day. Like if this one was to

[18:00] pass, I send a letter tomorrow. They have three weeks to respond or come to

[18:03] come to the public hearing.

[18:09] In this instance, I didn't they didn't have I don't [clears throat] think they

[18:12] would have gotten a letter in time before this meeting. I didn't have time.

[18:17] [clears throat and cough] That's where it's tough with these when I have a

[18:20] deadline for the agenda, but I don't have a time enough time to

[18:26] get a certified letter to them without pushing this to the next meeting.

[18:31] » So, if you were if it was to pass, you would send a letter

[18:37] » tomorrow. >> Yes.

[18:38] » For the meeting on the 23rd.

[18:43] Eject

[18:51] the commission because it is their only access to the

[18:58] [clears throat] >> stuff to look at.

[19:00] » Yeah, there is. Suppose you know you've got a design

[19:05] here, but you don't have a number for the bond. So suppose they don't want to

[19:09] do that. Well, the commission has Right. Exactly.

[19:13] But that's still a question mark. So, you know, it seems like there's

[19:18] still a lot of questions. >> I I think if if they had a if if they

[19:22] had a letter prior to this meeting and there was an objection that that might

[19:27] influence our >> decision. So, I'd stick with my motion

[19:33] to table it. I guess I would say that it's a section

[19:39] line. They're voting, you know, that the other land owners might not like it,

[19:46] but it is a section line and if these people are going to put up the

[19:51] pond and build the road, there's it'd be hard to justify that you can't

[19:59] build your section and access your property because one person says no.

[20:09] just in my opinion on something as big as a section line opening is to give

[20:13] people all the chances to look it over and there's things that we don't know

[20:17] could [clears throat] be out there that they can bring up. But give us some time

[20:21] and let everybody have their chance.

[20:26] » So we have a motion to table and a second. Any further discussion on that

[20:32] motion?

[20:36] Seeing none, all those in favor.

[20:42] All those opposed. >> So they can still request to move

[20:47] forward their commission with a no vote. >> If they request, but

[20:55] » you guys come back and say yes, but you don't

[21:00] come back. They have to wait.

[21:10] » You guys denied it. Yeah. >> How come five years ago when those other

[21:15] folks requested it, it didn't go through?

[21:16] » It did. >> Oh, it did.

[21:17] » It did. It did. It went through and they never built it because they didn't need

[21:21] it. So what happened was the person who owns 14388 was going to

[21:28] section off aquat parcel to their kid and they went

[21:34] through the whole process. But then their kid got the bill for the road and

[21:38] the house and realized how far away from rapid he was and he said

[21:43] so he just never did anything with it.

[21:53] So then with it being table letter goes out tomorrow.

[22:03] [snorts]

[22:11] » Agenda item number four. Um, we have a request of appropriate plat of lots one,

[22:18] two, and three of Westbury subdivision. Applicant proposing a lot split into

[22:24] three parcels. Lot one will be 1.86 acres. Lot two will be 2.3

[22:29] 2.03 acres and lot 3 will be 2.40 acres. Access to lots from Westwood Drive,

[22:36] which is a 66 public access utility easement.

[22:41] Um, highways comment was approach access for

[22:46] lot number one should be limited to western drive to avoid congestion and

[22:51] issues

[22:56] comment

[23:01] [cough]

[23:03] to show the vac that they are vacated on 142 and 137.

[23:10] It was not vacated.

[23:16] It just stated that it wasn't that small,

[23:22] but they took the note off because they're using it because that last flap

[23:26] that went through, they're actually using it and utilized it. It was never

[23:32] vacated.

[23:36] And then just to remove the one signature slot as he is not

[23:42] he's [laughter] not part of it

[23:56] [laughter]

[24:02] and the changes meet the uh highway recommendation.

[24:08] I believe so. >> So this road in Culac is already in

[24:13] place. >> Mhm.

[24:14] » Yeah. This is like

[24:19] number three or four in this subdivision.

[24:24] » So So um Terry's comment

[24:32] showing the vacated area, but it hasn't been vacated.

[24:34] » It's not. It says shaded portion of culdeac within west windine subdivision

[24:39] in the temporary turnaround area to be vacated [clears throat] with

[24:44] future expansion. But then we did the last plat and they did not they did not

[24:49] vac.

[25:01] Is there a second? I'll second it.

[25:05] » [clears throat] >> One second. Any discussion?

[25:15] Seeing none. All those in favor. [clears throat]

[25:20] Any opposed? Seeing none passes.

[25:31] Any discussion items? I think um when these uh um setbackes

[25:40] come up, I think it's important anybody can to go out and look at them because

[25:43] it makes a big difference when you see what's there, you know, versus seeing an

[25:48] outp [clears throat]

[25:51] like I said, you know, >> when they come up, everybody's possible.

[25:56] She's got to get out there. I can I also really appreciate Terry's

[26:03] comment because I have that same fear of the you don't want to set the tendency.

[26:10] I do appreciate her exact comment of >> well do we just build it and ask for

[26:15] forgiveness if there's no risk of being told to move versus

[26:21] » trying to do it right. I also hate when we get hung up on precedent because the

[26:29] world changes for a reason. get too involved with precedent

[26:35] then people don't agree to change locked in and I think there's a

[26:40] situation difference which is every case independently

[26:52] any other discussion items

[26:58] seeing none to J [snorts]

[27:04] second. >> Second. All those in favor

[27:08] [laughter]

[27:15] of the mirror. practicing in front

Custer County Planning Commission Meeting 09-1-2026

Transcript