Posted: 11/28/06
Board approves certificate of compliance
By David Heiller
Argus News Editor
Houston County commissioners defined a certificate of compliance at a public hearing on November 21.
The meeting drew some criticism about zoning rules from county residents. About 10 people attended the hearing, which was part of the regular county board meeting.
Some of the comments strayed from the topic of the hearing, which was to define a certificate of compliance. Their dialogue followed a pattern that has surfaced at several recent meetings, that constitutional rights are being violated and the county has gone too far with its zoning laws and building restrictions.
The new rule is intended to verify that what is stated on the building permit is what gets built, environmental services director Rick Frank said.
Bill Burke, who has been hired by the county to help update the countyís land use plan, said certificates of compliance are commonplace. ìTo me itís just a routine administrative step thatís in every zoning ordinance,î he said.
The certificate is not an inspection of structural integrity, zoning administrator Bob Scanlan said. ìItís something we do already but we donít handle it efficiently,î he said. It is intended to protect a builder if someone questions what they are doing, Scanlan said.
What if nobody stops a project that is not following its purpose stated on the building permit, citizen Dave Augedahl asked.
ìThen it goes to the court system,î commissioner Dave Corcoran answered.
Frank said that a public informational meeting had been held on the subject of whether the county should adopt a building code. The consensus from that meeting was that changes should be dealt with with something like a certificate of compliance and not by adopting a building code.
The county has had enough people building something that is not what they said they would build, commissioner Ann Thompson said. The county is obligated to see that the building is built as they say it will be built, Thompson said.
Robert Ideker of Hokah asked if there were too many rules and regulations in Houston County. Corcoran said if everybody did the right thing, then they would not need zoning laws. He gave an instance of a person who was upset that she had to get a building permit to build a garage. The permit showed that she might not own the land on which it was being built. That turned out to be the case, and without the permit, she would have built on someone elseís land.
The county is here to help, Corcoran said. ìWeíve got to protect the neighbors too,î he said.
Chris Von Arx had the sharpest criticism of commissioners. He cited the U.S. Constitution, and said property owners have inherent rights unless they are endangering their neighbors.
Board chairman Kevin Kelleher said the Constitution is a beautiful document, and that if a person disagrees on a conditional use permit, they can bring a lawsuit. ìBecause weíre not a supreme court,î he said.
Zoning is nothing new, Kelleher said. The last time people were on the other side and wanted more zoning to protect their homes near a golf course, he said. ìYour point of view is not necessarily the point of view of everybody in this county,î Kelleher told VonArx.
Berdell Meiners also had a gripe with having to obtain a building permit to put a roof over some farm artifacts that he has displayed at his rural Eitzen home. ìJust give me one good explanation,î he said. ìWhat you guys want is control over me.î
Everybody has to be treated the same, Corccoran responded. If there werenít permits, then it would be hard to keep things on property without infringing on other people.
Zoning is one of the toughest issues on county government, Kelleher said. People can be opposed to it and then for it.
Some people want to do what they want, Kelleher added. ìBut thatís not the goal in Houston County.î
Corcoran also reminded people that there is a group of people who are now updating the countyís land use plan. It will give a snapshot of that they want the county to look like over the next 10-20 years, he said.
The last land use plan was agriculture-based, Corcoran said. It looked at how to control population density, and how many houses could go on how many acres. It was designed for one house per 40 acres on ag land, he said.
Rick Frank said there have been eight public informational meetings so far. The group also received surveys from cities and townships last March. Some people want no density control and others want to see it left as is, and like the protection, Frank said.
Corcoran urged interested people to attend those meetings and give their input. ìBecause it will change your neighborhood from what it is,î he said.
The meetings are announced in county newspapers and on the countyís website, www.houstoncounty.govoffice2.com. People can aldo contact Frank at 507-725-5800 for more information on the meetings.
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