Commission approves variance allowing 20-unit Snowbird Hideaway after heated public hearing

Pennington County commissioners voted May 19 to grant a variance to allow developer Russ Johnson to build more than the county's 40-dwelling-unit limit on a dead-end road, approving the request 4-1 after a lengthy public hearing that split neighbors and raised questions about emergency access and homeowners'association and road-district approvals.

Planning staff introduced the request as a continuation from an earlier meeting and said the variance was tied to Johnson's effort to secure an easement across neighboring property to provide emergency egress. Johnson told the board he had drafted an addendum to the easement and that the easement owner told him he would sign if the commission approved the variance.

Neighbors who live on Palmer Gulch Road and adjacent Tin Load Court told the board they had not been consulted and warned that approving the variance would open the door to higher density on a road intended to be rural and low-density. Speakers raised concerns about safety, trespass on private property, the authority of road districts and homeowner associations, and the need for broader community notification.

"If one person is allowed to break the law and have 20 or 40 structures on our road, what about the rest of us?" one opponent said, arguing that a variance would undermine the county's ordinance. Several HOA and road-district leaders asked for more time to evaluate the easement language and said they had not been given an opportunity to review recorded documents.

Supporters, including some residents in nearby areas and several applicants who had signed letters, said the reduced plan (worth a roughly 44% reduction from an earlier proposal) would add modest housing near Hill City and create emergency egress that could improve safety in the event of wildfire. One supporter said the plan would help the local housing shortage and provide year-round economic benefit beyond the tourist season.

Legal counsel and county staff warned commissioners that continuing the hearing again could expose the board to a mandamus action if the applicant objected to a further delay; they also noted that approval would still require conditions before any permits could be issued. After debate, the board approved the variance with two conditions: the applicant must provide a fire mitigation plan that meets the fire administrator's recommendations and must construct a passable emergency access road prior to issuance of the first building permit.

Vote and next steps

A roll-call vote recorded four "yes" votes and one "no." Commissioners who voted yes said the approval was conditional and that construction permits will be withheld until the easement and emergency access are in place and inspected. The county's planning department will monitor compliance and will not issue building permits until the required conditions are met.

What remains unresolved

Neighbors and HOA representatives said legal questions remain about whether the easement owner can grant an access that conflicts with HOA covenants or road-district rules. County counsel said those issues are private-law questions between landowners and homeowners associations; the county's approval of the variance does not settle those disputes and permits will not be issued until the public-safety conditions are satisfied.