Pennington County panel approves accessory dwelling at 7972 Jasmine Lane despite neighbors' water concerns

The Pennington County Planning Commission voted Feb. 9 to approve a conditional use permit allowing an accessory dwelling unit at 7972 Jasmine Lane, granting the permit with 19 conditions and scheduling a one-year compliance review.

The decision followed a lengthy discussion about the property's connection to a neighborhood shared-well system. Kevin Rohrbach, a representative of the Raspberry Ridge water association, told the commission that neighbors received notice of the application only shortly before the meeting and that the association has limited water certificates for users. "Our well is pretty vulnerable...it only pumps 78 gallons per minute," Rohrbach said, adding that the association had not yet approved membership for the applicant and that any additional connection could require metering or new contracts.

Applicant Scott Montez said the ADU is intended for his mother and described planned safeguards. "I'm installing a separate dedicated septic system for the ADU," Montez said, and he told the commission the unit would be limited to about 700 square feet and two bedrooms and that all utilities would remain on a single meter tied to the primary residence. "I simply ask for the right to use my property as the law allows to care for my family," he said.

Staff member Kelsey Rausch outlined zoning criteria for accessory dwelling units and noted that interdepartmental review raised no significant concerns; Rapid City Public Works septic standards would apply and the permit would be subject to staff-enforced conditions and a one-year review. Chair said the commission's role was to consider land-use approval and not to adjudicate private covenants: "All we're going to do today, if we follow staff's recommendation, is to allow the ADU itself," the Chair said.

Commissioners pressed the applicant to work with the water association and warned that ADUs can create future complications if property ownership changes. Commissioner Deb Adcock said such units can become problematic down the road if an owner sells and occupancy changes, urging transparency and cooperation with neighbors.

After discussion, a motion to approve Conditional Use Permit COCU 260001 with 19 conditions was moved and seconded and carried by voice vote with no recorded opposition. The permit will be reviewed after one year to verify compliance with the conditions.

The commission also noted that resolving water-membership and access issues is a separate, private matter between the applicant and the Raspberry Ridge water association and is not itself a county land-use action.