Posted: 2/14/06
Solum house, pole barn under scrutiny again
By David Heiller
Argus News Editor
The property of Jared Solum in rural Spring Grove is under review by Houston County zoning officials again.
Solum was granted an after-the-fact building permit in July of 2005 that allowed him to move into his house at 23642 Maple Leaf Drive in section 19 of Spring Grove Township.
The permit was issued after Solum had acquired 40 contiguous acres. But zoning officials learned in November that Jared Solum had sold the house and 8.63 acres to Matthew P. Solum.
That sale puts the house in non-compliance with county zoning rules, county officials believe, because it is on Class III soil and on less than a 40-acre parcel. The countyís zoning ordinance prohibits more than one house per 40 acres in an agricultural district. Class I-III 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.
A pole barn on the original 40-acre parcel of land was also integral in the original permit application. County officials considered it a residence, which meant that Solumís house was out of compliance with the county zoning ordinance of one dwelling per 40 in agricultural land.
In order to comply with that ruling, Solum acquired additional property to come up with 40 contiguous acres around his house. He also signed a notarized affidavit saying he would not rent out the pole building or use it as a dwelling.
ìI have no intention of ever living in the pole shed,î Solum wrote in the affidavit. It also says that the office space in the pole shed is not intended to be used for ìHome Occupationî purposes. County attorney Rick Jackson approved the document.
Parcels have been sold
Zoning administrator Bob Scanlan said on February 8 that he discovered the sale after checking the deed log on his computer last November. His office does that as a matter of routine a couple times a week to see acreage that is up for sale. It was entered into the deed log by the auditorís office on November 3.
ìIt brings things to our attention,î Scanlan said of the deed log check. ìThe Solum house sale kind of caught our eye.î
Jared Solum sold two parcels totaling 8.63 acres on October 28, 2005, for $162,500 to Matthew P. Solum. The property contains the house that Jared Solum built.
Jared Solum also sold 14 acres to Paul Vickerman on a quit claim deed on that same date. Jared had purchased 15.4 acres of property from Vickerman on a contract for deed on May 12, 2005 for $60,000. It was one of three land acquisitions that Solum made to come in compliance with the 40 contiguous acres requirement.
The zoning department sent a letter to Matthew and Beth Solum on December 5, 2005, notifying them that the house was not in compliance with the zoning ordinance.
An attorney for Jared Solum, Kenneth R. Moen from Moen Law Firm of Rochester, wants the ordinance regarding the pole shed clarified. He wrote in a December 7 letter to Scanlan that the building could include a cot or bed. ìThe space would not be used as a principal residence and would not be homesteaded,î Moen wrote.
ìYou should be aware that due to the publicity, circumstances of this case, and the fact that Mr. Solum said he would never live in the house because the joy had gone out of it, Mr. Solum has sold the residence, feeling uncomfortable in its enjoyment and use,î the letter stated. ìMr. Solum has said that he would never be able to bring a wife there because of all the bad memories in the case.î
ìWhat does the county expect?î
The attorney also stated in a December 22 letter to Scanlan that Matthew Solum had purchased the house and property in good faith. ìAfter accepting and recording the deed, what does the county expect them to do?î
The answer to that question is to buy 40 acres of land, Scanlan told The Argus. ìAnything other than that or moving the house I donít see working,î he said. ìItís a bad deal.î
Moen also wrote in his December 22 letter, ìMr. [Matthew] Solum purchased the property in good faith and recorded the deed through the office of the Houston County Recorder on November 3, 2005,î Moen wrote. ìAt that time, the County expressed no concern over the size or land configuration of this residential property sale. It collected the state deed tax and a recording fee. The Countyís letter approximately one month later came as a complete surprise to them. After accepting and recording the deed, what does the County expect them to do? We do not see it as possible for them to assemble 40 contiguous acres for their site. Also, they have asked me to explain what legal authority the County has to require a different land size and configuration after the fact. Because it seems to me completely inappropriate for the County to first accept the land size and configuration they have purchased when the deed was presented for recording, and only later raise what appears is an insoluble question, I told them I did not know of such authority under these circumstances.î
A conditional use permit cannot be issued until land is purchased.
The next step will be for Matthew Solum and his attorney to meet with Houston County Attorney Rick Jackson to discuss the situation, Scanlan said. One meeting had been tentatively set up for that on February 6, but it had to be cancelled.
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