Posted: 3/1/05
Solum permit denied again
Attorney, board will consider options, timeframe
By David Heiller
Argus News Editor
The Houston County board has upheld a planning commissions decision to deny a conditional use permit for a home that has already been built.
The boardís unanimous vote on February 22 came after 30 minutes of discussion with Jared Solum of Spring Grove.
Solum built the house at on Mapleleaf Drive in Spring Grove Township late last year without receiving a conditional use permit.
The planning commission denied the conditional use permit on February 16 because another dwelling exists on the 40, and because it is on a class 3 soil type.
The countyís zoning ordinance prohibits more than one house per 40 acres in an agricultural district. Class 1-3 soil types canít be built on because they are considered the best agricultural soil. The purpose of this part of the zoning ordinance is to protect agricultural integrity.
After the vote, the board appointed Kevin Kelleher and Dave Corcoran to work with county attorney Rick Jackson to come up with options and a time frame to complete them. They will report back to the board on March 1. The three options are to tear down the house, move the house, or remedy the situation somehow to come into full compliance.
Last weekís discussion resembled the one that had taken place six days earlier before the planning commission. Jared Solum said that county zoning administrator Scanlan had indicated in several ways that the work could proceed, so he kept working on the project without obtaining a permit. He said he was led to believe that the permit would be granted.
Scanlan denied several times that he had misled Solum.
Jared and his father, Karl, asked the board to come up with a reasonable solution. Karl Solum again stated that the other building on the 40 was a pole barn and not a dwelling. Planning commission members and some neighbors dispute that.
Kelleher said that there was no record of the conversations between Scanlan and Solum, but regardless of what was said, the process of permitting is only condoned by the planning commission and then the county board.
ěYou can go ahead with a process based on innuendo,î Kelleher said. ěHe (Scanlan) isnít the person who makes the decision.î
Kelleher added that jared and Karl Solum and Gary Thomas had visited him at his home and were contrite. They gave him a letter, that he said showed a ěwhole other sideî about private property rights and zoning in general.
ěSometimes you hear what you want to hear,î commissioner Ann Thompson said to Solum.
After the vote, Karl Solum said he wanted to avoid the publicity that could come from it. TV stations have been contacted, he said. ěIím afraid it could get to be more than what we want or you want,î he said.
Commissioner Ann Thompson said the board has to look at the larger picture.
Don Garness asked what would happen if the other dwelling on the 40 were modified.
ěThatís my brother, you canít involve him in this,î Jared said, referring to the fact that his brother, Joe, owns the building and its property.
Solum house timeframe
Here is a timeframe of events that occurred during the period in which the Jared Solum house, pictured above, was built, according to statements made by Jared Solum and county zoning administrator director Bob Scanlan.
ď November 15: Scanlan meets with Gary Thomas, Jared Solumís business partner, at the proposed building site on Mapleleaf Drive in Spring Grove Township.
ď November 18: The Houston County Planning Commission tells Thomas and Jared Solumís uncle, Dale Solum, not to start the project at that site.
ď November 24: Thomas and Jared Solum come into the zoning office to start the permit process. They are given a permit application, a soil erosion plan form, and a list of septic contractors.
ď November 30: Scanlan is told by county commissioner Dave Corcoran that work is proceeding at the site. He visits the site along with Root River SWCD conservationist Ron Meiners and soil technician Dave Walter. They see that the foundation has been poured. A septic system is also being installed without a permit.
ď December 1: Scanlan issues a stop-work order for construction at the site. It is delivered to the site at about 9:30 a.m. by Houston County Sheriffís Deputy Mark Ernster. Jared Solum and Thomas drop off a soil erosion plan at the zoning office that afternoon.
ď December 16: Scanlan visits the site again and sees that a house has been built. He tells the planning commission of this at their meeting that night.
ď December 27: Scanlan receives a permit fee and application for a conditional use permit from Solum.
ď January 27, 2005: Planning commission members review the Solum conditional use permit application. The planning commission tables the matter until they can look at the site.
ď February 16: Planning commission members visit the site, then meet and vote 6-1 to deny the conditional use permit.
ď February 22: The Houston County Board votes unanimously to approve the planning commissionís recommendation denying the conditional use permit. Two commissioners are appointed to work with county attorney Rick Jackson to recommend the next course of action and a time frame for having it done.
Literacy grant approved
In other county board news from February 22, county public health director Linda Grupa told commissioners that she had received a $5,000 mini-grant from the National Association of Counties. It will be used to promote economic literacy of teen parents and young adults in Houston County.
Caledonia Argus
314 West Lincoln St.
P.O. Box 227
Caledonia, MN 55921-0227
507/724-3475
E-Mail: editor.argus@ecm-inc.com