Variance Application
Community Planning & Development Services
The Filing Fee for a Variance Request is $300.00. Information and actions required:
Petitioner:
1. Petitioner shall file application for a variance, in writing, on a form furnished by the city with associated fee and sign deposit.
2. Application shall include:
- Legal description of land on which variance is being requested and local street address (if available).
- Name and address of each owner of the property
- Name, address and phone number of applicant(s).
- Zoning district class upon application.
- Specific standard, regulation or decision being appealed.
- Specific remedy being requested.
- Drawings, plans, and other documentation being requested by Board.
3. Notification of surrounding property owners:
- A sign noting the request shall be posted by applicant on the site not less than ten (10) days before the public hearing.
- Sign shall be secured from the city and deposit of $75 shall be collected to cover cost of replacement. Location and number of signs to be determined by city.
- Petitioner shall submit postal receipts to city to demonstrate good faith attempt to notify by certified letter with return receipt all property owners within two hundred fifty feet (250).
- Certified mailing notice shall include date, place and time of public hearing and variance requested.
- Mailing list prepared by City of Summerset.
- Notices to be sent by applicant no less than ten (10) days prior to the public hearing.
4. Petitioner has the burden of showing:
- That granting variance will not be contrary to public interest.
- That literal enforcement of title will result in unnecessary hardship.
- That by granting the variance contrary to the provisions of this title the spirit of the title will be observed.
- That by granting the variance, substantial justice will be done.
Procedure:
1. Upon filing of complete application city shall set date of public hearing on date when Board of Adjustments is regularly scheduled to meet and allows for necessary noticing requirements.
2. Legal notice of public hearing shall be placed in general circulation paper by City of Summerset Finance Officer.
3. Zoning Board of Adjustments shall consider and decide upon application within 30 days of public hearing.
4. Decision of Board shall be accompanied by a written finding of fact based on testimony and
other evidence, specifying the reason for granting or denying the variation.
5. Any person or persons, jointly or severally, aggrieved by any decision of the Board of
Adjustments, or any taxpayer, department, board, or bureau of the city, may petition a court
of record within 30 days after the filing of the board’s decision, as provided by SDCL 11-4-25
Application for Development Review
Contact Us
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Location:
7055 Leisure Lane Summerset, SD 57718 -
Main Office:
605-718-9858 -
Main Office Fax:
605-718-9883 -
Office Hours:
Monday - Friday:
8:00 AM - 4:00 PM
