August 16, 2023
The Miner County Planning & Zoning Board and the Miner County Board of Commissioners met in joint special session. Zoning member present: Alex Protsch, Tom Reisch, Kathy Faber and Kari Jo Carlson. Absent: Mike Clary. Others present for portions of the meeting included: Zoning Administrator Tami Severson, Highway Superintendent Ron Krempges, State’s Attorney Kristian Ellendorf, Nick Kolterman, Bernard Donahue, Craig Bennett, and various members of the public. Dylan Lesselyoung joined the meeting electronically. The flag pledge was recited. It was moved by Faber, seconded by Reisch and carried to approve the agenda. Motion by Bechen, seconded by Faber and carried to enter into the Planning & Zoning Board acting as the Board of Adjustments.
A public hearing was held as advertised to consider the application for a conditional use from KOLTD Living Trust to operate a game lodge on the parcel described as Lot A in SW4 of Section 23, T106N, R58W, Clinton Township, Miner County, South Dakota. Present for the hearing were those listed above.
Nick Kolterman presented information pertaining to the request for a conditional use permit to operate the game lodge. Kolterman stated he had been operating a hunting lodge for the past 4 years (approximate) and currently has two buildings on the property. These buildings have been rented in the past for an AirBnB, holiday gatherings, baby showers, graduations along with being used as a hunting lodge. There is a trap shooting area and pond on the property. Kolterman also stated the buildings contain beds and full kitchens where renters can do their own cooking.
Craig Bennet spoke in support of the granting the conditional use stating the facility is clean, safe and a great property.
Bernard Donahue voiced his support for the proposed use. Donahue is the closest neighbor to the property and expressed that Kolterman has been a great neighbor, “he has really improved the acreage”.
Board member Bechen asked if Donahue had any concerns about those using the facility having complaints from the smell of his feedlot. Donahue stated most individuals don’t even know that there is a feedlot across the road behind the trees. Donahue said “I don’t see that happening.”
Ron Krempges, Miner County Highway Superintendent voiced concern about the trees that were planted and a sign placed too close to the road. Board member Bechen asked Krempges if these items would create issues in the winter with snow removal. Too which Krempges answered at times those items would create problems with snow.
Dylan Lesselyoung presented his information electronically. Lesselyoung has created a business called Wheelchair Adventures in which he facilitates adventures for those persons utilizing a wheelchair. The game facility would provide opportunities and outdoor activities to those individuals with such needs.
Board member Faber asked why this facility had been operating for approximately 4 years without the proper zoning permits. Zoning Administrator Severson stated that at the time the first building permit was issued, Kolterman did not relay his intended use of the building. So therefore, it is being applied for at this time.
With consideration of the information presented it was moved by Reisch and seconded by Carlson that the following findings be approved.
STATE OF SOUTH DAKOTA ) BEFORE THE MINER COUNTY
: SS BOARD OF ADJUSTMENT
COUNTY OF MINER )
IN THE MATTER OF THE APPLICATION OF )
) FINDINGS
KOLTD LIVING TRUST FOR A CONDITIONAL USE )
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FINDINGS
I
That the applicant KOLTD LIVING TRUST (Nick Kolterman) has made an application for a conditional use to operate a game lodge on their parcel described as Lot A in SW4 of Section 23, T106N, R58W, Clinton Township, Miner County, South Dakota. That the applicant KOLTD LIVING TRUST (Nick Kolterman) is the owner of record thereof.
II
That the proposed use of said realty is specifically prohibited by the zoning ordinance without applicant first obtaining a conditional use, for which they have applied.
III
That upon said application, notice of hearing was given as required by the Miner County Zoning Ordinance by mailing to the adjoining landowners and by publication.
IV
That hearing upon said application was held on August 16, 2023 in the Commission Room of the Miner County Courthouse.
V
That applicant, KOLTD LIVING TRUST, represented by Nick Kolterman appeared in person.
VII
That no written testimony was received in opposition to granting said conditional use.
VIII
That a presentation in support of said conditional use and testimony on behalf of said conditional use was received at the hearing and that concerns to the granting of the conditional use were received at the hearing.
NOW, THEREFORE, that application, testimony at the hearing having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of KOLTD LIVING TRUST for a conditional use be approved for the following reasons:
1) That the Miner County Board of Adjustment is empowered under Section 505 of the Miner County Zoning Ordinance to grant with conditions the conditional use and that the granting of the conditional use will not adversely affect the public interest.
2) That the Miner County Board of Adjustment certifies compliance with the specific rules governing individual conditional uses.
3) That the Miner County Board of Adjustment is able to make the applicable findings required by Section 505, Subsection 4 & 5 of the ordinance, which are considered prerequisite to the granting of a conditional use.
IX
That the Board of Adjustment vote upon approval of such application was five in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application to be approved to operate a game lodge on their parcel described as Lot A in SW4 of Section 23, T106N, R58W, Clinton Township, Miner County, South Dakota.
Dated this 16th day of August, 2023.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
A public hearing was held as advertised to consider the application for a conditional use from KOLTD Living Trust to operate a commercial public enterprise to be used for events such as weddings, reunions, county events and for veterans and disabled individuals on their parcel described as Lot A in SW4 of Section 23, T106N, R58W, Clinton Township, Miner County, South Dakota.
Nick Kolterman explained his request for this conditional use. His intention is to use as many of the local contractors in the area to build a 12,000 square foot building that would be used for a variety of events. This building would be the first building in the State of SD that will be fully ADA compliant to be used by veterans and disabled persons for outdoor activities. Kolterman is excited to offer a facility that will be large enough for weddings, receptions, engagement parties, corporate meetings, social events, graduation parties, hunting accommodations, family reunions and baby/wedding showers. DAV and the Barraca House (homeless shelter in SF) will host events for these individuals. He is raising funds through Sun Catcher Ministries (non-profit) to help troubled youth programs and will host a retreat for these kids at the facility. He also stated he had a petition drafted in support of the facility in which many residents of Clinton Township had signed.
Board member Carlson asked if there would be off street parking to handle the number of persons attending an event. Kolterman showed those in attendance the layout of the parking area, pond and proposed building site. All of which would meet the setbacks required in the zoning regulations.
Board member Bechen questioned how the property would be owned by SunCatcher Acres and operated under a non-profit. Kolterman stated that the property would be operated by SunCatcher Acres and that the non-profit side would be raising money to host the events for the disabled and youth groups.
Concern was raised as to the trees & sign already in place at the property.
With consideration of the information presented it was moved by Carlson and seconded by Bechen that the following findings be approved with conditions.
STATE OF SOUTH DAKOTA ) BEFORE THE MINER COUNTY
: SS BOARD OF ADJUSTMENT
COUNTY OF MINER )
IN THE MATTER OF THE APPLICATION OF )
) FINDINGS
KOLTD LIVING TRUST FOR A CONDITIONAL USE )
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FINDINGS
I
That the applicant KOLTD LIVING TRUST (Nick Kolterman) has made an application for a conditional use to operate a commercial public enterprise to be used for events such as weddings, reunions, county events and for veterans and disabled individuals on their parcel described as Lot A in SW4 of Section 23, T106N, R58W, Clinton Township, Miner County, South Dakota.
II
That the proposed use of said realty is specifically prohibited by the zoning ordinance without applicant first obtaining a conditional use, for which they have applied.
III
That upon said application, notice of hearing was given as required by the Miner County Zoning Ordinance by mailing to the adjoining landowners and by publication.
IV
That hearing upon said application was held on August 16, 2023 in the Courtroom of the Miner County Courthouse.
V
That applicant, KOLTD LIVING TRUST, represented by Nick Kolterman appeared in person.
VII
That no written testimony was received in opposition to granting said conditional use.
VIII
That a presentation in support of said conditional use and testimony on behalf of said conditional use was received at the hearing and that concerns to the granting of the conditional use were received at the hearing.
NOW, THEREFORE, that application, testimony at the hearing having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of KOLTD LIVING TRUST for a conditional use be approved for the following reasons:
1) That the Miner County Board of Adjustment is empowered under Section 505 of the Miner County Zoning Ordinance to grant with conditions the conditional use and that the granting of the conditional use will not adversely affect the public interest.
2) That the Miner County Board of Adjustment certifies compliance with the specific rules governing individual conditional uses.
3) That the Miner County Board of Adjustment is able to make the applicable findings required by Section 505, Subsection 4 & 5 of the ordinance, which are considered prerequisite to the granting of a conditional use.
IX
That the Board of Adjustment vote upon approval of such application was five in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application to be approved to operate a game lodge on their parcel described as Lot A in SW4 of Section 23, T106N, R58W, Clinton Township, Miner County, South Dakota with the following conditions:
1. Trees that had been planted after January 1st which are closer to the road than zoning regulation allow, must be moved or removed to come into compliance with zoning regulations.
2. The sign located by the driveway which is closer to the road than zoning regulation allow, must be moved or removed to come into compliance with zoning regulations.
Dated this 16th day of August, 2023.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
Chair of the Planning and Zoning Board informed those present that the zoning violation that was on the agenda had been rectified through the previous action on the conditional use for an event center. Bernard Donahue asked questions pertaining to previous and current zoning regulations. Kolterman stated he had used a waiver form that would allow the planting of trees closer to the road and obtained signatures from the surrounding land owners but did not receive the signature of the Miner County Highway Superintendent Krempges. Severson stated that without Krempges signature the waiver form was incomplete and not valid. The zoning ordinance is available on the county’s website: https://minercountysd.org.
Having no further planning & zoning issues, it was moved by Faber, seconded by Reisch and carried to adjourn as a planning & zoning board.
The board reconvened as a Board of Commissioners. Members present: Protsch, Reisch, Bechen and Faber. Absent: Clary.
A public hearing was held as advertised to consider the application from Nick Kolterman-Sun Catcher Acres located in Lot A in SW4, Section 23, Township 106 N, Range 58 W, Clinton Township, Miner County SD for an on-sale liquor license and an off-sale liquor license to operate outside of a municipality for the 2023 licensing period. Present for the hearing included the applicant Nick Kolterman, Tami Severson, Highway Superintendent Ron Krempges, State’s Attorney Kristian Ellendorf, Bernard Donahue, Craig Bennett, and various members of the public. Dylan Lesselyoung joined the meeting electronically.
Mr. Kolterman wants to make sure that the event center has everything it needs to host these events. It will not be an open bar to the public. It will be open for events and lodging only. Faber voiced concern as to the location of the trap range located on the property and that alcohol would be available. Kolterman stated that the trap range will be relocated to the land he owns northwest of Fedora, SD. The facility will have its own sales tax license and all property taxes have been paid.
No persons appeared in opposition to granting the on-sale license.
It was moved by Reisch, seconded by Bechen and carried unanimously to approve the application of Nick Kolterman-Sun Catcher Acres located in Lot A in SW4, Section 23, Township 106 N, Range 58 W, Clinton Township, Miner County SD for an on-sale liquor license.
In the matter of the off-sale liquor application from Nick Kolterman-Sun Catcher Acres located in Lot A in SW4, Section 23, Township 106 N, Range 58 W, Clinton Township, Miner County SD, Kolterman stated he would not be applying for the off-sale license.
It was moved by Faber, seconded by Reisch and carried to enter into executive session (SDCL 1-25-2 (3) at 10:06. The board returned to regular session at 11:04.
Having no further business, the meeting adjourned until September 5th. Dated this 16th day of August, 2023.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor