Posted: 2/22/05
Commission denies Solum permit
Fate of home already built not known
By David Heiller
Argus News Editor
The Houston County Planning Commission voted 6-1 on February 17 to deny Jared Solum of Spring Grove a conditional use permit to build a house on less than 40 acres.
The planning commissionís vote is a recommendation to the Houston County Board of Commissioners, who were to vote on it on February 22.
The case is unusual because Solum has already built a house on the property at 23496 Mapleleaf Drive in Spring Grove Township. If the county board denies the permit, it will have to determine a timeline for removing the house, zoning administrator Bob Scanlan said on February 18.
Planning commissioner Charlie Wieser voted against denying the permit. He thought a compromise could be reached if another residence on the same 40-acre parcel was converted into a non-residence.
Having two houses on the same 40 was the biggest hindrance in granting the permit, several commissioners said. The countyís zoning ordinance prohibits having more than one house per 40 acres in an agricultural district.
Commissioners were also upset that Solum ignored directives from them and other county officials not to build the house.
The Solum situation first came before the planning commission on November 18, 2004. Solumís father Karl Solum, and Gary Thompson, a business partner of Jared Solum, were told at that time to consider another site based on soil type and the fact that there was already a residence on the 40-acre parcel.
Jared Solum started building the house. The zoning office was notified of this by county commissioner Dave Corcoran on November 30. Scanlan and two other people visited the site that day. They saw that a basement had been poured and a septic system was being installed. The next day Scanlan issued a ìstop workî order, which deputy Mark Ernster of the Houston County Sheriffís Office delivered to Jared Solum.
Scanlan went to the site on December 16 and saw that a house had been built and smoke was coming out of the chimney. He told planning commission members of this at their December 16 meeting.
Scanlan received the permit fee and application for a conditional use permit from Jared Solum on December 27. At the January 27 planning commission meeting, commissioners questioned Solum about why work had continued. He told them that his attorney had said that a judge needed to sign the stop work order. He also felt that Scanlan had indicated that he could proceed with the work. This was a point that he reiterated at last weekís meeting.
The planning commission tabled the matter on January 27 until they could look at the site, which they did on February 16 prior to holding a special meeting on the issue. They also told the Solums to do no more work whatsoever on the house.
At last weekís meeting, Jared and Karl Solum made repeated appeals to the planning commission to approve the permit.
Karl Solum began by saying that his son is a vocal person and has a lot to learn.
Jared Solum then spoke, apologizing again and again. He said he made a huge mistake in building the house after the stop work order was issued. ìI never set out to set a precedent and try to get around a county regulation,î he said.
He said he thought the zoning requirements were met and that it would pass at the planning commission.
Solum claimed that Scanlan had told him there was no reason why the permit wouldnít pass, after looking at a soils map of the property on December 1. ìThen he said, ëThatíll work, thatíll be OKí,î Solum said. ìIt was on that basis that I thought it meets the requirements, itís just the formalities to go through.î
Scanlan said he told Solum that he highly recommended that he stop working on the house.
Planning commissioner Bruce Lee said that planning commissioners made it very clear that there would be two dwellings on that 40. ìIt wasnít going to work,î Lee said. ìWe told you that.î
That was stated on November 18, commissioner Dave Corcoran added.
Karl Solum disputed that the other structure was a residence. He said his oldest son owns the pole shed, and used to live there. Other young guys have lived there too, Karl Solum said, as a did the former owner. ìIt was not a permanent dwelling situation,î Karl Solum said. ìItís a pole shed, thatís what it is.î
ìIt was occupied,î commissioner Garland Moe answered. ìThat makes it a residence automatically. Case closed.î
ìI think your insistence on that is too hard, itís too harsh,î Karl Solum responded.
A neighbor, Robert Ward, said the pole shed was a dwelling, and even had had an addition built on to it. Houses should be built where they are supposed to be built, he added.
Commissioners also questioned the installation of a septic system on the site by Grove Plumbing and Heating of Spring Grove. A permit had not been not obtained before it was installed, Scanlan said, which is in violation of county zoning ordinance. Soil borings and design plans came in two weeks after it was installed, he said. Moe recommended that fines be levied on the installer.
Commissioner Glenn Kruse wondered how the house could have been built so quickly. Jared Solum said he had help from friends and relatives.
ìI donít think you can understand how much grief this has caused in my sonís life,î Karl Solum said.
Parents have a responsibility with their sons in situations like this, chairman David Alstad responded.
Karl Solum answered that his son had admitted he was wrong and the commission should consider that.
Commissioner Terry Rosendahl asked what the planning commissioners would tell other people who have had their permits turned down.
Alstad said the commission has to deal with everyone fairly.
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