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MINNEHAHA COUNTY
PLANNING COMMISSION OCTOBER 27, 2025
MEETING MINUTES
MINUTES OF THE
MINNEHAHA COUNTY PLANNING COMMISSION
October 27, 2025
A meeting of the Planning Commission was held on October 27, 2025, at 7:00 p.m. in the
Commission Room of the Minnehaha County Administration Building.
COUNTY PLANNING COMMISSION MEMBERS’ PRESENT: Commissioners Bonnie Duffy,
Becky Randall, Mike Ralston, Adam Mohrhauser, Ryan VanDerVliet, Cindy Heiberger and Joe
Kippley.
STAFF PRESENT:
Scott Anderson, Kevin Hoekman and Mason Steffen – County Planning
Maggie Gillespie – State’s Attorney Office
Bonnie Duffy chaired the meeting and called the Minnehaha County Planning Commission meeting
to order at 7:09 p.m.
PUBLIC COMMENT
Commissioner Duffy opened the floor for public comment, and nobody moved to speak.
Consent Agenda
Commissioner Duffy read each item on the consent agenda, and Item 3 was requested to be moved
to the regular agenda by a member of the public.
A motion was made to approve the consent agenda consisting of Items 1, 2, & 4 by Commissioner
Ralston and seconded by Commissioner Randall. The motion passed unanimously with 6 votes in
favor of the motion and 0 votes against the motion.
ITEM 1. Approval of Minutes – September 22, 2025
As part of the consent agenda, a motion was made by Commissioner Ralston and seconded by
Commissioner Randall to approve the meeting minutes from September 22, 2025. The motion
passed unanimously with 6 votes in favor of the motion and 0 votes against the motion.
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Consent Agenda
ITEM 2. CONDITIONAL USE PERMIT #25-60 to exceed 1,600 square feet of accessory
building space (requesting 2,520 square feet) on the property legally described as
Lot 7 Block 3 Sorums Subdivision Section 9 T102N-R49W Mapleton Township.
Petitioner: Mathew Lind
Property Owner: Same
Location: 25747 475th Avenue
Staff Report: Mason Steffen
General Information:
Legal Description – Lot 7 Block 3 Sorums Subdivision Section 9 T102N-R49W
Mapleton Township
Present Zoning – A-1 Agricultural
Existing Land Use – Residential Acreage
Parcel Size – .81 Acres
Staff Report: Mason Steffen
Staff Analysis: The petitioner is requesting conditional use permit approval to allow 2,520 square
feet of detached accessory building area. Currently, there is one detached accessory building on the
property that is a 24’ x 24’ garage to the north of the existing dwelling. The petitioner is proposing
to build a new 36’ x 54’ detached garage to the south of the dwelling. The site plan indicates that
the new building will be in line with the existing dwelling in relation to the property line along SD
Highway 115. This will make the building approximately sixty feet from this property line, which
exceeds the necessary fifty foot setback.
On October 6, 2025, staff conducted a site visit of the subject property and surrounding area. The
property is located on the northern edge of the residential subdivision at the Renner Corner
intersection, along SD Highway 115. The property is one of the larger lots in the immediate
vicinity, and a majority of the surrounding lots are less than an acre. Other properties within the
subdivision have similar sized buildings to this request and a few of them have been approved
through conditional use permits for more total detached accessory building area. Therefore, the
proposed detached garage will generally fit within the current and future development of the
surrounding area.
Conditional Use Permit Criteria:
1) The effect upon the use and enjoyment of other property in the immediate vicinity for the
uses already permitted, and upon property values in the immediate vicinity.
The proposed building is setback several dozen feet from the neighboring property lines and the
property has existing trees that screen the building location from the highway. Therefore, the
proposed use should have no anticipated negative effect upon the use and enjoyment of the
residential properties in the immediate vicinity. The proposed building is similar in size to other
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detached accessory buildings in the area, and so, property values should also not be negatively
impacted due to the personal use of the proposed accessory building.
2) The effect upon the normal and orderly development and improvement of surrounding
vacant property for uses predominant in the area.
The site of the accessory building is located in an area surrounded by other similar residential lots
and agricultural land. Any new residential development in the area is likely to be limited by the
capacity of the Renner Sanitary Sewer District. There should be no anticipated impacts to the
normal and orderly development and improvement of the surrounding vacant residential lots. The
proposed size of the accessory building is generally compatible with other residential properties in
the immediate vicinity.
3) That utilities, access roads, drainage and/or other necessary facilities are provided.
The proposed building will utilize the existing access for the property off the public right-of-way.
The petitioner will be required to extend all other necessary utilities to the structure, and the
location of the building should have a minimal impact on drainage in the area.
4) That the off-street parking and loading requirements are met.
The proposed site of the accessory building is large enough to accommodate the off-street parking
requirement. The proposed accessory building will also add additional parking and storage to the
property.
5) That measures are taken to control offensive odor, fumes, dust, noise, vibration, and
lighting (inclusive of lighted signs), so that none of these will constitute a nuisance.
No commercial business or storage will be allowed in the accessory building at any time. Any
public nuisance violations will be addressed upon the Planning Department receiving a complaint
about the subject property. All new or replacement outdoor lighting will need to be directed
downward onto the property. Lighting must be designed to be fully-shielded and fully-cutoff to
prevent light pollution off site.
6) Health, safety, general welfare of the public and the Comprehensive Plan.
The health, safety, and general welfare of the public should not be negatively affected by the
construction of the proposed accessory building. The property is included in the transition area on
the Future Land Use Map within the Envision 2045 Comprehensive Plan. The primary purpose of
the transition area is to maintain the rural landscape until the eventual development of residential
and/or municipal land uses. Allowing the proposed detached garage on a lot within an existing
residential area such as Renner will not impact the rural landscape and generally conforms to the
goals and policies of the Envision 2045 Comprehensive Plan.
Recommendation: Staff recommends approval of Conditional Use Permit #25-60 with the
following conditions:
1) The building location shall adhere to the submitted site plan.
2) The total area of all accessory buildings may not exceed 2,520 square feet.
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3) That the building shall be an accessory use to the continued use of the property as a
residential lot.
4) That the building shall not to be used for commercial uses or as a residential dwelling at any
time.
5) That any new or replacement outdoor lighting shall be of a full cutoff and fully-shielded
design to prevent direct spillage of light beyond the property boundaries.
6) That a building permit is required prior to construction of the accessory building.
7) That the Planning & Zoning Department reserves the right to enter and inspect the accessory
building at any time, after proper notice to the owner, to ensure that the property is in full
compliance with the conditional use permit conditions of approval and the Minnehaha
County Zoning Ordinance.
Action
As part of the consent agenda, a motion was made by Commissioner Ralston and seconded by
Commissioner Randall to approve Conditional Use Permit #25-60 with staff recommended
conditions. The motion passed unanimously with 6 votes in favor of the motion and 0 votes against
the motion.
Conditional Use Permit #25-60 – Approved
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MINNEHAHA COUNTY
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MEETING MINUTES
ITEM 4. CONDITIONAL USE PERMIT #25-66 to allow Motor Vehicle Sales, Display &
Service on the property legally described as Tract 1 Severson’s Addition (Ex. H1)
SW¼ Section 32 T101N-R47W Valley Springs Township.
Petitioner: Joseph Nagorniuk
Property Owner: Don Hoppe
Location: 48526 268th Street Unit #16
Staff Report: Mason Steffen
General Information:
Legal Description – Tract 1 Severson’s Addition (Ex. H1) SW¼ Section 32
T101N-R47W Valley Springs Township
Present Zoning – Hoppe PD
Existing Land Use – Warehouse/Single-Family Dwelling
Parcel Size – 8.87 Acres
Staff Report: Mason Steffen
Staff Analysis: The subject property is located on the South Dakota/Iowa border, directly north of
the Grand Falls Casino. The property was rezoned from the C Commercial zoning district to Hoppe
PD in 2018 in order to allow a mix of commercial and single-family land uses. The building on the
property was permitted to included 4,294 square feet of living quarters in the eastern portion and
21,087 square feet of warehouse/office space in the remaining portion. The warehouse/office
portion of the building is divided into six units, and the petitioner is requested to operate their
business within the westernmost unit. The submitted narrative explains that the primary purpose of
the business will be to display and sell used vehicles, but that they will provide limited services
such as oil changes and other minor repairs. The hours of operation are listed by the petitioner as
8:00 am to 6:00 pm Monday thru Friday, by appointment on Saturdays, and closed on Sundays.
These are typical hours of operation for a commercial business and will not impact the existing uses
on the property.
The site plan indicates that the vehicles displayed for sale will be located in the southwestern corner
of the parking lot, and that employee/customer parking will be located directly in front and to the
west of the unit. The property is located within the Red Rock Corridor Overlay (RRCO) District.
The RRCO District includes additional site requirements over typical developments, and it requires
buffer yards with trees for differing neighboring uses. This property is already developed, and it will
not need any additional buffer yards based on current conditions.
On October 6, 2025, staff conducted a site visit to the subject property and surrounding area. The
driveway for the site is located approximately 500 feet east of SD Highway 42, along 268th Street.
The driveway into the property is paved with concrete and the parking lot is crushed asphalt with a
concrete apron around the building. Hard surfacing is a requirement within the ordinance for all
commercial zoned property that is accessed off a paved road. The nearest dwelling that is not
located on the property is approximately 350 feet to the east of the unit for the proposed operation.
Given that all minor vehicle repairs will take place within the building, and any outdoor activities
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will be limited to vehicle displays and sales, the proposed use should minimally impact this
neighboring residential dwelling.
Conditional Use Permit Criteria:
1) The effect upon the use and enjoyment of other property in the immediate vicinity for the
uses already permitted, and upon property values in the immediate vicinity.
The proposed motor vehicle sales, display and repair will take place on a property that is zoned for
commercial type uses, while also allowing single-family dwellings. Any vehicles displayed
outdoors must be in an operable condition and any repairs must take place within the building. The
surrounding land uses include vacant farmland, a residential acreage, and the Grand Falls Casino.
These uses will not be impacted by the proposed repair of vehicles within the existing building and
the display of vehicles in the parking lot. The property is also located near a busy intersection of
two highways, in close proximity to the casino, which provides high visibility for the proposed land
use.
2) The effect upon the normal and orderly development and improvement of surrounding
vacant property for uses predominant in the area.
The immediate area around the property is not likely to be further developed for some time. Most of
the vacant land surrounding the property is agricultural, but the property directly across SD
Highway 42 is a vacant commercial zoned property. Any new development that takes place at this
intersection will likely be commercial in nature, which will increase the proposed land use’s
compatibility with the area.
3) That utilities, access roads, drainage and/or other necessary facilities are provided.
The property is already developed with existing utilities, access roads and facilities. The minor
repairs within the building and display of vehicles on the existing parking lot will not impact
drainage on the property.
4) That the off-street parking and loading requirements are met.
The property has existing parking areas that are surfaced with crushed asphalt and a concrete apron
around the building. The concrete apron will provide enough off-street parking for employees and
customers. The driveway onto the property and parking lot are large enough to allow for the
temporary loading and unloading of vehicles on the site. Loading and unloading of vehicles in the
right-of way is prohibited.
5) That measures are taken to control offensive odor, fumes, dust, noise, vibration, and
lighting (inclusive of lighted signs), so that none of these will constitute a nuisance.
The petitioner is requesting to utilize an existing property for the sale, display and service of motor
vehicles. The minor repair services provided by the petitioner shall only take place within the
existing building. No inoperable or dismantled vehicles will be allowed outside of the building. If
lighting is used to illuminate the lot, lights should be fully cutoff and pointed away from
neighboring uses. The hours of operation will be 8:00 am to 6:00 pm Monday thru Friday, with
limited hours on weekends, which will also help reduce any nuisances from the operation.
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6) Health, safety, general welfare of the public and the Comprehensive Plan.
The proposed use of motor vehicle sales, display and service should have reasonable conditions to
prevent negative affects to public health, safety, and general welfare. Requiring all repairs and
maintenance to take place within the building will limit the potential of contaminating the property
and surrounding area. Prohibiting the display of dismantled or inoperable vehicles will further limit
the potential impacts of the use on the general welfare of the public. The portion of this intersection
within Minnehaha County was rezoned to commercial in 2010 due to the development of the Grand
Falls Casino. Limited commercial development has taken place since the rezoning, but the existing
uses on this property are commercial in nature. Allowing the proposed use within an existing
commercial building, at the intersection of two major highways, will generally conform to the goals
and policies of the Envision 2045 Comprehensive Plan.
Recommendation: Staff recommends approval of Conditional Use Permit #25-66 with the
following conditions:
1) This permit is to allow for the sale, display, and repair of motor vehicles on the property.
2) All fluids and waste materials shall be stored in enclosed containers within a building and
disposed of through a proper facility. No dumping or burning of waste fluids or materials
will be allowed. No storage of hazardous waste will be allowed.
3) All vehicle parts, equipment, packaging, and similar materials shall be stored inside the
building
4) All motor vehicles for sale in the display area shall be in working condition. No inoperable
or dismantled vehicles shall be offered for sale.
5) That all new or replacement outdoor lighting shall be of a full cutoff and fully-shielded
design to prevent direct spillage of light beyond the property boundaries.
6) That all parking and display of vehicles shall meet the required parking setbacks for the
property.
7) That no loading or unloading shall take place in the right-of-way at any time.
8) That a state dealership license must be maintained as long as vehicles sales continue on the
property.
9) That a building permit shall be required for any alterations within the building and for any
sign, prior to construction.
10) That the Planning & Zoning Department reserves the right to enter and inspect the property
at any time, after proper notice to the owner or operator, to ensure that the property is in full
compliance with the conditional use permit conditions of approval and Minnehaha County
Zoning Ordinance.
Action
As part of the consent agenda, a motion was made by Commissioner Ralston and seconded by
Commissioner Randall to approve Conditional Use Permit #25-66 with staff recommended
conditions. The motion passed unanimously with 6 votes in favor of the motion and 0 votes against
the motion.
Conditional Use Permit #25-66 – Approved
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Regular Agenda
ITEM 3. CONDITIONAL USE PERMIT #25-64 to allow a Short-Term Rental on the
property legally described as Tracts 4 & 5 Bowmans Subdivision Lot 6 SE¼ NE¼
Section 21 T101N-R51W Wall Lake Township.
Petitioner: Kari Karsky
Property Owner: Chad Johnson
Location: 26539 E Shore Place
Staff Report: Mason Steffen
General Information:
Legal Description – Tracts 4 & 5 Bowmans Subdivision Lot 6 SE¼ NE¼ Section
21 T101N-R51W Wall Lake Township
Present Zoning – RR Rural Residential
Existing Land Use – Residential Acreage
Parcel Size – .25 Acres
Staff Report: Mason Steffen
Staff Analysis: The petitioner is requesting to utilize the existing house on the property as a short-
term rental. The petitioner does not currently own the property but is in the process of purchasing
the site in order to operate the short-term rental. The Minnehaha County zoning ordinance requires
a conditional use permit for all vacation home/short-term rentals and these operations must meet
five requirements. The narrative states that the dwelling has four bedrooms with a loft that includes
bunk beds, and that the maximum occupancy will be sixteen guests. However, the zoning ordinance
clearly outlines that the maximum occupancy for a short-term rental shall be three people per
bedroom, and the loft space does not meet the definition of a bedroom. Therefore, the maximum
occupancy of the rental shall be set at twelve guests in order to comply with the zoning ordinance.
On October 6, 2025, staff conducted a site visit to the subject property and surrounding area. The
location of this property is on the east side of Wall Lake, along E Shore Place, which is the road
connecting approximately twenty houses and cabins on the east side of the lake. The property has a
shared access point of E Shore Place with the neighboring dwellings to the north and south. The
property does have a detached garage and dedicated parking pad that will provide the required four
off-street parking spaces for the short-term rental. This area around Wall Lake has many lake
cabins, as well as two previously approved short-term rentals, and allowing this existing dwelling to
be used as a short-term rental should minimally impact the use of the neighboring dwellings.
Conditional Use Permit Criteria:
1) The effect upon the use and enjoyment of other property in the immediate vicinity for the
uses already permitted, and upon property values in the immediate vicinity.
The property is located within a lakeside subdivision of houses and cabins. Short term rentals, such
as this proposal, are generally compatible with residential sites because traffic is low and the
number of guests are limited. The use is also easily converted back into a single-family dwelling if
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the property owner wished to stop having short-term rental guests. The property has dedicated
parking areas so that no parking on the street is needed or allowed.
2) The effect upon the normal and orderly development and improvement of surrounding
vacant property for uses predominant in the area.
Many of the properties on E Shore Place are fully developed with single family dwellings and lake
cabins. Newer development typically happens in the form of large house additions or house
replacements rather than new houses on vacant lots. The operation of a short-term rental should not
have any effect on future development in the area.
3) That utilities, access roads, drainage and/or other necessary facilities are provided.
The property shares a driveway off E Shore Place with the houses to the north and south. The
proposed short-term rental will be located within an existing dwelling that has access to all the
necessary utilities, including a connection to the Wall Lake Sanitary Sewer District. The drainage
on the property will not be impacted by the proposed use within the existing dwelling.
4) That the off-street parking and loading requirements are met.
The ordinance requires one parking space per bedroom, and the house has four bedrooms. The
property has a detached two stall garage and sufficient driveway space to meet this off-street
parking requirement.
5) That measures are taken to control offensive odor, fumes, dust, noise, vibration, and
lighting (inclusive of lighted signs), so that none of these will constitute a nuisance.
The activities of a short-term rental are similar to those within a single-family dwelling. The
AirBnB platform does allow for some screening of customers, and the operator has the ability to
deny customers who have a record of bad behavior. The narrative further states that no parties or
large gatherings will be allowed, that quiet hours will be in place after 11pm, and that a host or
representative will be available 24/7 to handle guest needs or emergencies. The zoning ordinance
also requires contact information for the owner or manager to be clearly displayed inside the short-
term rental at all times. Given all these factors, the potential nuisances to the surrounding area
should be minimal and any potential issues with guests should be handled quickly by the owner.
6) Health, safety, general welfare of the public and the Comprehensive Plan.
The proposed use should have a minimal negative effect on the health, safety, and general welfare
of the public. Short-term rentals allow property owners to supplement income and utilize space that
may otherwise not be needed or fully utilized. Two short-term rentals have also been approved
through conditional use permits along E Shore Place. These rentals are located just a few dwellings
to the south of the subject property. To protect the guests who stay at the short-term rental, the
house must have functioning smoke and carbon monoxide detectors as required by the building
code adopted by Minnehaha County. In order to protect the public, the petitioner should also
maintain a list of guests who stay at the short-term rental. This list shall be maintained and made
available for law enforcement if needed. Contact information shall be provided to guests inside the
short-term rental and a copy provided to the Planning Department according to the ordinance
requirements.
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Recommendation: Staff recommends approval of Conditional Use Permit #25-64 with the
following conditions:
1) That this conditional use permit shall only allow for a short-term rental, as defined by
Article 26.02 679A. of the 1990 Revised Zoning Ordinance for Minnehaha County.
2) That the dwelling must have functioning smoke and carbon monoxide detectors as required
by the building code adopted by Minnehaha County.
3) That the proprietor shall maintain a guest list and make such list available at the request of
law enforcement.
4) That all requirements of Article 12.17 Vacation Home Rental/Short-Term Rental of the 1990
Revised Zoning Ordinance for Minnehaha County are followed at all times.
5) That the maximum occupancy for the short-term rental shall be twelve (12) guests.
6) That no parking shall be allowed within the public right-of-way at any time.
7) That the Planning & Zoning Department reserves the right to enter and inspect the short-
term rental at any time, after proper notice to the owner, to ensure that the property is in full
compliance with the conditional use permit conditions of approval and the Minnehaha
County Zoning Ordinance.
Public Testimony & Discussion
Mason Steffen, of county planning staff, presented the staff report and recommendation to the
commission.
Commissioner Heiberger asked planning staff how the guest limit set by staff is enforced. Planning
staff stated that enforcing guest limits is difficult, but that the best way to enforce the conditions is
through public complaints from the neighbors.
Commissioner Mohrhauser asked if the access easement for this property is shared by three homes.
Planning staff explained that the property has an access easement through the neighbor to the
north’s property, and that this easement is used by these two properties and the neighbor to the
south. He further commented that the subject property would be landlocked with no access to a
public right-of-way without this access easement.
The petitioner, Kari Karsky, of 605 S James Avenue, Tea, SD, was present and available for
questions from the commission.
Commissioner Heiberger asked the petitioner how often the property will be used personally and
how oftern it will be used as a rental. Mrs. Karsky stated that they do plan to utilize the site in the
summer when it is not being rented because they live only nine miles from the site, but that they just
acquired the property and do not know exactly how much they will personally use the site yet.
Commissioner Heiberger then asked for clarification on if the petitioner’s intent was to live on the
site full time. Mrs. Karsky stated that they will not be using the site as their primary residence.
Duane Boice, of 26575 E Shore Place, Hartford, SD, explained that he maintains E Shore Place and
that more than four cars have been parked at this property many times in the past, and that cars have
also been parked in the right-of-way. He brought up several other issues included the lack of
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enforce regarding the maximum occupancy, the effect on neighboring property values, the
degradation of E Shore Place, and people not following speed limit.
Commissioner Heiberger asked Mr. Boice if the previous property owner was operating a short-
term rental without the proper permitting. Mr. Boice explained that he did not think it was a short-
term rental, but that they hosted parties with many people and that he does not want to see Wall
Lake become a commercial area.
Lance Bergeson, of 26527 E Shore Place, Hartford, SD, addressed the commission with his
concerns regarding the proposed short-term rental. Mr. Bergeson stated that he does not agree that a
short-term rental is a similar land use to a typical single-family dwelling. He also stated that both E
Shore Place and the driveway to this property are narrow, which restricts access. He further added
that his neighbor’s house recently burned down and that emergency services had a difficult time
responding in the area. Finally, he explained that the house for the short-term rental is much closer
to the neighboring houses then his house was to his neighbor’s, so he would have concerns with a
potential fire spreading to neighboring structures.
Lois Boice, of 26575 E Shore Place, Hartford, SD, explained that her and her husband own six
properties along E Shore Place, but that she is actually representing the neighbor to the north of the
subject property who could not attend the meeting. Mrs. Boice read a letter to the commission from
Richard & Annette Francis who could not attend the meeting due to a recent surgery. The letter
explained the Francis’ opposition to the proposed short-term rental and the issues that they have had
with the previous owner parking in the access easement and on their property.
Commissioner Kippley asked the petitioner to return to the podium to address the neighbor’s
concerns with the proposed short-term rental. Kari Karsky explained that a representative will be
available to address neighbors concerns and that they will have cameras installed on the property
that monitor the guests and anyone else coming to the property. Mike Karsky also commented that
they had talked to both neighbors about using this property personally in the future, but that they
would like to use the property as a rental in order to help pay down the debt incurred by buying the
property. Finally, Mr. Karsky stated that they have personally parked over five cars on the property,
so it will be possible to meet the required four parking spaces.
Commissioner Kippley then asked if the petitioner’s have operated a short-term rental in the past.
Mrs. Karsky explained that this year was their third season operating two short-term rentals on Lake
Madison, and that their goal is to be a good neighbor with this proposed operation.
Commissioner VanDerVliet asked the petitioner to clarify if they just bought the property and if the
concerns raised by neighbors were from the previous owners. The Karsky’s explained that they had
just closed on the property, so any prior concerns would have been before they owned the property.
Commissioner Randall asked the petitioner to explain their plan for parking and where the parking
would be located. Mrs. Karsky explained that it will be located on a parking pad in front of the
house, in front of the garage, as well as within the detached garage.
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Commissioner Kippley commented that concerns from Wall Lake residents lead to the adoption of
the short-term rental regulations and that he believes the petitioners are acting in good faith.
Commissioner Kippley also stated that the request generally fits with what has been approved in the
past and that with competing property rights between neighbors it is tough to make everyone happy.
Commissioner Heiberger stated that she has concerns regarding the road and people parking
wherever they want. Commissioner Heiberger also asked planning staff how many times an issue
has to take place before the permit is recalled. Mason Steffen explained that any complaints would
follow the county’s complaint process of receiving complaints, performing site visits, sending
letters to the petitioner, and ultimately recalling the permit if the issues are not fixed.
Commissioner Ralston asked staff if previous short-term rentals have been approved with a quiet
hours condition and if that could be added. Mason Steffen explained that the commission could
consider adding a quiet hours condition and that he would recommend setting these hours from
11pm to 7am.
Action
A motion was made by Commissioner Ralston and seconded by Commissioner Kippley to amend
Conditional Use Permit #25-64 to add an eighth condition requiring quiet hours. The motion passed
unanimously with 6 votes in favor and 0 votes against the motion.
Commissioner Kippley commented that he encourages the petitioner to work with the neighbors
because that has led to success at other short-term rentals in the county. Commissioner Kippley also
commented that having cameras and other ways to enforce the conditions is helpful and that he
would like to believe that the applicant will act in good faith and follow through on the enforcement
of conditions. He further stated that this is a conditional use permit and that it is the responsibility of
the applicant to work with neighbors and to build a track record of good faith operation.
Commissioner Heiberger commented that she will be in support of the application because the
proposed operation meets all of the requirements laid out in the zoning regulations, but that she also
does not like everything about the operation and understands the neighbor’s concerns.
A motion was made by Commissioner Kippley and seconded by Commissioner Ralston to approve
Conditional Use Permit #25-64 with the eight amended conditions. The motion passed unanimously
with 6 votes in favor and 0 votes against the motion.
Conditional Use Permit #25-64 – Approved with the following conditions:
1) That this conditional use permit shall only allow for a short-term rental, as defined by
Article 26.02 679A. of the 1990 Revised Zoning Ordinance for Minnehaha County.
2) That the dwelling must have functioning smoke and carbon monoxide detectors as
required by the building code adopted by Minnehaha County.
3) That the proprietor shall maintain a guest list and make such list available at the request
of law enforcement.
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4) That all requirements of Article 12.17 Vacation Home Rental/Short-Term Rental of the
1990 Revised Zoning Ordinance for Minnehaha County are followed at all times.
5) That the maximum occupancy for the short-term rental shall be twelve (12) guests.
6) That no parking shall be allowed within the public right-of-way at any time.
7) That the Planning & Zoning Department reserves the right to enter and inspect the short-
term rental at any time, after proper notice to the owner, to ensure that the property is in
full compliance with the conditional use permit conditions of approval and the
Minnehaha County Zoning Ordinance.
8) That the property shall be required to maintain quiet hours between 11:00 pm and 7:00
am.
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MINNEHAHA COUNTY
PLANNING COMMISSION OCTOBER 27, 2025
MEETING MINUTES
ITEM 5. CONDITIONAL USE PERMIT #25-65 to allow an Agricultural Related Operation
(Production Distillery) on the property legally described as the NE¼ (Ex. S887.6’
E751.21’) Section 6 T101N-R52W Wellington Township.
Petitioner: Riley Erickson
Property Owner: Jelly Bean Bush LLC
Location: Approximately 4 miles south of Humboldt
Staff Report: Kevin Hoekman
General Information:
Legal Description – NE¼ (Ex. S887.6’ E751.21’) Section 6 T101N-R52W
Wellington Township.
Present Zoning – A-1 Agricultural
Existing Land Use – Farmland
Parcel Size – 144.70 Acres
Staff Report: Kevin Hoekman
Staff Analysis:
The applicant is proposing to build a 60 feet by 102 feet building on a small portion of the subject
property. The stated use of the proposed building is for storage of ag equipment and equipment for
maintenance of the remaining agricultural and food plots for hunting. Additionally, a portion of the
building will be utilized as a distillery. Agricultural accessory buildings are permissible on ag
production land 40 acres in size or more, however this building is planned to be constructed on a
250 feet by 250 feet (1.4 acre) parcel separated from the other land. The combination of small
parcel and distillery can be classified as an agricultural related operation and can be approved by a
conditional use permit.
The petitioner submitted a detailed narrative and site plan to support the application. The proposed
building will be located on a future parcel located in the northeast corner of the property and of the
section. The driveway access will utilize the unimproved section line right of way on the north side
of the property. The proposed building will be large with a building area of 6,840 square feet
including the lean to overhang. The petitioner should be aware that a building this size will
required engineered plans to ensure the structure meets applicable building code requirements. The
narrative states that there will be fire suppression for the distillery. The building inspector may also
require architectural review for code compliance for the building.
The proposed parcel will includes concrete aprons for the driveway. And it also includes two row of
trees that are staggard along the east and south property lines. The petitioner describes in the
narrative that the gravel driveway and concrete apron will be used for temporary trailer storage and
employee parking for the distillery. The petitioner should be aware that all vehicles and trailers that
are parked outside must be currently licensed with required plates. Since the proposed operation
includes such a large building on a small property with no associated dwelling, staff suggests that a
condition is placed on the permit that restricts outdoor storage. Outdoor storage includes building
materials, products, inoperable vehicles, and unlicensed equipment such as skid loaders, tractors, or
attachments.
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The proposed building would be permissible on the property as it currently stands. Platting the
property to a lot smaller than 40 acres makes the land no longer buildable as an agricultural
building. Staff has some concerns that the proposed building and set up is a means to back door a
storage building on an inexpensive lot in the rural area. The requirement to have all storage within
the building is one way to reduce possible divergent land use of the property as something like a
contractor storage yard or similar use.
Likewise, the property is not planned to have a residential building eligibility. The building shall not
be constructed in a manner that will make the structure livable. The current or another future land
owner may find it simple to remodel the distillery into a living space. This should be strictly not
allowed by the conditional use permit. No bedrooms or kitchens should be allowed within the
structure. No human occupancy shall be allowed within the building.
The Planning Commission may consider additional conditions to reduce possible misuse of the
property, or the permit may be denied if it is determined the land use is not compatible with the
pattern of land development. If this conditional use permit is denied. The applicant may still
construct the proposed building as an agricultural accessory building if the parcel in which it is
build is 40 acres or larger in size.
Conditional Use Permit Criteria:
1) The effect upon the use and enjoyment of other property in the immediate vicinity for the
uses already permitted, and upon property values in the immediate vicinity.
The subject property is within an area of active agricultural production with several wildlife
production parcels owned by the state and federal governments. The size of the proposed building
will stand out because the next neighbors are a long distance away. The land use should not
generate public traffic for people visiting the distillery, but rather it will be simply a production
facility with ag storage. The building will have little effect on other properties within the vicinity.
2) The effect upon the normal and orderly development and improvement of surrounding
vacant property for uses predominant in the area.
The subject property is within an area of active agricultural production. Changes to the area will
likely be agriculturally related such as feed lots or more agricultural production. The wildlife
production areas will reduce the chances of future change in the area too. The proposed land use
will not significantly affect changes in agriculture in the area.
The proposed land us is unusual for the size of the parcel. Approval of the proposed land use may
set a precedent for other property owners to purchase small properties and place agricultural related
operations. It is not the intent of the ordinance to have storage building scattered throughout the
rural area.
3) That utilities, access roads, drainage and/or other necessary facilities are provided.
The property is located in a remote area of Wellington Township. The proposed building will not
change drainage patterns, and the petitioner will be responsible for extending any required utilities
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PLANNING COMMISSION OCTOBER 27, 2025
MEETING MINUTES
for the project. Since the building will have a distillery, the septic system will need to be approved
the State DANR prior to obtaining a septic permit for the facility.
4) That the off-street parking and loading requirements are met.
The proposed building will required parking for employees of the distillery. The proposed parking
area is large and it should accommodate off-street parking.
5) That measures are taken to control offensive odor, fumes, dust, noise, vibration, and
lighting (inclusive of lighted signs), so that none of these will constitute a nuisance.
The petitioner will need to take responsibility to comply with requirements of this permit and the
requirements for the Public Nuisance Ordinance. The condition preventing outdoor storage should
reduce potential nuisances from accumulating on the property. all lighting should be cut off and
directed downward to prevent glare and spillage of light onto neighboring properties.
6) Health, safety, general welfare of the public and the Comprehensive Plan.
The proposed building is stated to be for agricultural storage and processing ag products through the
distillery. These land uses are encouraged within the comprehensive plan. The recommended
conditions are intended to keep the intended use of the proposed building and property as stated,
and to prevent it from changing into a non-compatible land use such as a contractors lot.
Recommendation: Staff recommends approval of Conditional Use Permit #25-65 with the
following conditions:
1) The agricultural related operation is approved for the agricultural and land maintenance
storage and distillery production..
2) No outdoor storage shall be allowed on the property. Outdoor storage includes but is not
limited to building materials, products, inoperable vehicles, and unlicensed equipment such
as skid loaders, tractors, or attachments
3) The agricultural related operation shall be limited to the proposed building as depicted on
the site plan.
4) The landscaping depicted on the site plan must be installed and maintained with a minimum
90% survival rate. Any dead trees must be replaced promptly.
5) Engineer stamped plans must be provided for review and approval by the County Chief
Building Inspector prior to issuing a building permit. Architectural review of the structure
must be submitted if the County Chief Building Inspector finds it necessary to determine
compliance with the building code.
6) The operation shall have no more than five (5) employees on site.
7) All new and replacement outdoor lighting shall be directed downward and fully shielded and
cutoff to prevent the spillage of light onto other properties.
8) Signage shall be limited by article 16.00 of the 1990 Revised Zoning Ordinance or
Minnehaha County.
9) That the Planning & Zoning Department reserves the right to enter and inspect the site at
any time, after proper notice to the owner, to ensure that the property is in full compliance
with the conditional use permit conditions of approval and the Minnehaha County Zoning
Ordinance.
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MINNEHAHA COUNTY
PLANNING COMMISSION OCTOBER 27, 2025
MEETING MINUTES
Public Testimony & Discussion
Kevin Hoekman, of county planning staff, presented the staff report and recommendation to the
commission. Kevin explained that the petitioner had contacted staff prior to the meeting to let them
know that they find condition two too restrictive and would like to request to have limited outdoor
storage.
Commissioner Heiberger asked staff to clarify on if the petitioner is still requesting to subdivide a
roughly one acre parcel from the rest of the property. Kevin Hoekman stated that the petitioner had
indicated that they would no longer be subdividing the one acre parcel from the rest of the property.
He further stated that this is helpful because it will allow the property to meet the forty acre
minimum size for an agriculture property and will limit the concern that the property will become a
nonconforming use/lot in the future.
The petitioner, Riley Erickson, of 208 W 41st Street, Sioux Falls, SD, was present and addressed the
commission with his comments on the request. Mr. Erickson clarified that they would prefer the
operation to be on a smaller sized lot, in order to limit the financing issues for the distillery, but that
they would be open to operating on the larger lot if that is the only option.
Commissioner Heiberger asked the petitioner what outdoor storage they would like to have on the
property. Mr. Erickson explained that they would like the option to store farm tractors and other
implement equipment for the site outside of the proposed building.
Commissioner Heiberger and planning staff then discussed the property size and what would be
allowed based on the property size. Planning staff explained that if the property is over forty acres
then the petitioner could store farm related equipment outside of the building, and condition two
could be removed from the permit. However, if the property is less than forty acres then the site
does not meet the minimum size for an agricultural property and condition two should be left on the
permit. Scott Anderson, the County Planning Director, also commented that regardless of the
property size any equipment that is stored outdoors would be required to be operable.
Commissioner Heiberger asked the petitioner if they would prefer to have the smaller lot size with
no outdoor on the smaller lot, or removing the existing condition two and adding a condition
requiring a minimum lot size of forty acres. Mr. Erickson stated that they would prefer to have the
smaller lot size with no outdoor storage, and that they would find a way to store any farm
equipment on a separate property.
Action
A motion was made by Commissioner Heiberger and seconded by Commissioner Kippley to
approve Conditional Use Permit #25-65 with the staff recommended conditions. The motion passed
unanimously with 6 votes in favor and 0 votes against the motion.
Conditional Use Permit #25-65 – Approved
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MINNEHAHA COUNTY
PLANNING COMMISSION OCTOBER 27, 2025
MEETING MINUTES
ITEM 6. REVIEW OF CONDITIONAL USE PERMIT #23-55 to allow Motor Vehicle Sales
& Repair Shop on the property legally described as Tract 1A Preheim’s Addition
N½ Section 27 T101-R48W Split Rock Township.
Petitioner: Autobody Specialists
Property Owner: MJ Holdings 23 LLP
Location: 48132 Highway 42
Staff Report: Kevin Hoekman
General Information:
Legal Description – Tract 1A Preheim’s Addition N½ Section 27 T101-R48W Split
Rock Township
Present Zoning – I1 Light Industrial
Existing Land Use – Office Building
Parcel Size – 1.42 Acres
Staff Report: Kevin Hoekman
Staff Analysis:
Conditional use permit #23-55 was initially approved in October of 2023 to allow motor vehicle
sales and repair shop on the property. Staff had concerns at that time about potential dismantled
vehicles, parts, and waste products becoming a nuisance, and many of the conditions of approval
addressed these concerns. Planning staff received complaints in May of 2024 that the conditions of
approval were not being met for CUP #23-55. When staff reviewed the property several conditions
were not met. The property owner and the body-shop owner were notified of the violations on May
23, 2024 with a letter explaining what conditions of approval needed correction.
The owner of Autobody Specialists, Noel Antillon-Vazques, worked with staff over summer of
2024 to reduce several problem issues, but progress slowed and the permit was recalled for review
in October 2024. The petitioner further resolved several issued before the hearing.
At the October 2024 Planning Commission meeting, the Planning Commission reviewed the
property and found that the property was in compliance at that time. additional conditions were also
placed on the permit to make clear how the condition of the property would need to meet going
forward. In addition, a condition was placed on the permit for an automatic review of the permit at
the October 27th, 2025 Planning Commission Meeting. The list of approved conditions include:
1.) This permit is to allow the repair, auto bodywork for automotive vehicles, and for
automotive sales on the property.
2.) All fluids and waste materials shall be stored in enclosed containers within a building and
disposed of through a proper facility. No dumping or burning of waste fluids or materials
will be allowed. No storage of hazardous waste will be allowed.
3.) All vehicle parts, equipment, packaging, and similar materials shall be stored inside the
building or on the north or east sides of the building. All of this storage must be further
back than the south wall of the building.
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MINNEHAHA COUNTY
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MEETING MINUTES
4.) All damaged, dismantled, or partially dismantled vehicles shall be stored inside the
building or on the north or east sides of the building. All of this storage must be further
back than the south wall of the building.
5.) A maximum of 20 damaged, dismantled, or partially dismantled vehicles shall be allowed
on the property at any one time.
6.) Only full functional vehicles either licensed or displayed for sale can be stored south and
west of the building.
7.) No parts salvaged from vehicles on site shall be sold directly to customers on or off-site.
8.) No vehicles shall be stacked one on top of another at any time.
9.) That all new or replacement outdoor lighting shall be of a full cutoff and fully-shielded
design to prevent direct spillage of light beyond the property boundaries.
10.) That a building permit is required prior to construction of the any building, structure, or
sign.
11.) An air quality construction permit must be obtained from the DENR for the use of any
commercial paint booth.
12.) No loading or unloading shall take place in the right-of-way at any time.
13.) All trees on the south side of the property must be maintained in living condition. Any tree
that dies must be replaced by another spruce tree a minimum of 6 feet tall the next
growing season. An eight feet tall section of fence can also replace any dead trees.
14.) That the Planning & Zoning Department reserves the right to enter and inspect the
property at any time, after proper notice to the owner or operator, to ensure that the
property is in full compliance with the conditional use permit conditions of approval and
Minnehaha County Zoning Ordinance.
15.) No materials or waste unrelated to automotive work can be stored or disposed of on the
property.
16.) No barrels or any other container designed to contain fluids shall be stored outside.
17.) All tires not attached to a vehicle shall be stored in an enclosed structure.
18.) This permit shall be reviewed at the October 27, 2025 Planning Commission Meeting.
The approved site plan and the permit depict that only operational vehicles are to be stored in front
of the building on the north side. No items unrelated to the business and no tires shall be stored
outside either.
Planning staff visited the property on October 8, 2025. Noel Antillon showed me around the
building. vehicles are still coming and going from the property. Several dismantled vehicles and
parts are stored outside, and the outdoor storage is located within the designated outdoor storage
area to the east and north of the building. One vehicle without a bumper was parked in front of the
building, and Noel stated that the vehicle owner dropped it off yesterday and did not tell anyone at
the business that the vehicle was getting dropped off. He explained that drop offs are a common
issue that he has to work with.
Condition #13 requires trees for screening. Staff noticed one tree appears to be dead or dying on the
south side of the property, but the other trees around it are filling in and the screen still blocks site
lines to the dismantled vehicle parking area. The applicant should keep an eye on the conditions of
the trees to ensure replacements are made before gaps begin in the screening. Staff can work with
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the petitioner and property owner to replace the dead tree before it becomes a problem. This issue
should not need further Planning Commission review at this time.
This is a review of a conditional use permit. No action can be taken at this time. If the Planning
Commission finds further action if required, then a recall meeting will need to be set in order to
review with the ability to change conditions or revoke the permit. The property may be reviewed at
a future time if a violation of the permit is determined.
Action:
Planning staff finds that the property is in compliance with its conditional use permit, and
recommends no further action is needed.
Public Testimony & Discussion
Kevin Hoekman, of county planning staff, presented an overview of the conditional use permit and
review of the site. Kevin specifically commented that their was one screening tree that appeared to
be dead on the property and that he wanted to make the petitioner aware that this tree should be
removed.
The petitioner and operator, Noel Antillon of 118 Skyline Drive, Valley Springs, SD, came to the
podium to address questions from the commissioners.
Commissioner Duffy asked the petitioner if he was aware of the dead tree and screening condition
mentioned by planning staff. Mr. Antillon stated that he was not aware of the tree until the meeting
and asked if the tree should be removed and replanted or just removed. Planning staff explained that
removing the tree would be the next best step for the petitioner, since all trees on the site are
required to be in a live state. Staff then commented that if screening becomes an issue in the future,
staff will require that the tree be replanted.
Commissioner Kippley asked the petitioner to explain what process they had taken over the last
year to clean up and fix the issues on the property. Mr. Antillon explained that he has started to take
the conditions more seriously as it has become a part of his daily job. He also stated that one of the
main issues they have is that most vehicles are dropped off out front and may not be easily moved,
due to body or engine damage, and so it takes time to move all the vehicles to the proper locations.
Commissioner Kippley further commented that he understands the difficulty of people dropping off
inoperable vehicles in front of the building and the petitioner needing time to move the vehicles
around as they are dropped off. Commissioner Kippley also stated that the petitioner should be
aware that the reason for the meeting tonight was condition eighteen, which set a review deadline
for the property to be cleaned, but that condition fourteen is still in effect and can be enforced at any
time if conditions worsen on the site.
Commissioner Duffy stated that she lives in the area and that during the initial review she thought
the property need to be cleaned up, but that she also thinks the petitioner has done a good job
cleaning up the property over the last year.
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MINNEHAHA COUNTY
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MEETING MINUTES
Old Business
None.
New Business
Scott Anderson, the County Planning Director, explained to the commission that the commission
terms for Bonnie Duffy and Mike Ralston are expiring at the end of the year. He further stated that
the application to the planning commission will be open to the public, and that the application
window will be open for the next several weeks.
Adjourn
A motion was made to adjourn by Commissioner VanDerVliet and seconded by Commissioner
Mohrhauser. The motion was approved unanimously. The meeting was adjourned at 8:16 p.m.
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