Posted: 10/10/06
Board makes zoning changes
More arguments made about peopleís rights
By David Heiller
Argus News Editor
Houston County commissioners approved several zoning ordinance definition changes at their October 3 meeting.
They also tabled three changes at the request of citizens who objected to them.
The hearing, which lasted nearly two hours, followed the same pattern as one a week earlier in which people complained that their rights were being taken away by the definitions and ordinances.
Zoning director Bob Scanlan said the changes were minor ones to existing ordinances.
Karl Solum of Spring Grove objected to that. He said they were not small proposals. There should be more public input, because the changes will affect every citizen that gets a building permit, Solum said.
He asked the board to make the proposals part of the land use ordinance review that is currently taking place. That would encourage more public input, he said.
Solum also said that constitutional liberties were being taken away with the ordinance. He asked the county where it gets the right to tell people where they can and cannot build.
Chairman Kevin Kelleher responded that the Supreme Court has taken up zoning interpretation. ìThat probably would be the basis for planning and zoning,î he said.
The county is restraining the right of people to make decisions about property they bought and paid for, Solum said.
Scanlan said the proposed changes had been discussed at two planning commission meetings. He felt the process had been followed correctly.
ìWere those meetings dealing with these specific proposals?î Kelleher asked.
ìYes,î Scanlan responded.
Ag building questioned
One big point of contention came on the definition of an agricultural building, which the board approved. Keith Myrah of Spring Grove said everybody thinks it is too restrictive. ìJust a couple years ago you didnít even need a permit for a building,î he said.
Kelleher said the county has had people build buildings as ag buildings who had no intention of using them that way.
So then the county is regulating everybody for a couple of instances, Myrah said.
The county canít take care of those problems without definitions, Kelleher responded.
Certificate of occupancy tabled
The board tabled the definition for a certificate of occupancy. The certificate would be issued prior to a person using or moving into a structure.
Patrick Boone of Yucatan Township said the word ìalteredî should be clarified in the sentence that stated no building should be altered without a certificate of occupancy. The board agreed with that.
The purpose of the certificate is to make make sure that the building is what it says it will be, Scanlan said.
Does that apply to any building, even a cattle shed, Tom Sawle of Caledonia asked.
Yes, Scanlan replied. It would verify things such as the number of free stalls in a free stall barn, he said. ìItís something we do all the time.î
Sawle said peopleís rights were being disposed of completely. ìThis is what upsets people,î he said.
Sawle also said he sees the Minnesota Building Code coming in through the back door with this passage.
There are large numbers of people with other points of view and that are happy with zoning, Kelleher said. ìThe people is a pretty wide variety of people.î
Ninety-nine percent of the people do it right, commissioner Dave Corcoran said.
Then why penalize one percent, Dale Solum of Spring Grove asked.
But if it happens to you, Corcoran responded, ìyouíre going to be the first one in here screaming.î
Lot size tabled
The board also tabled a change to have a two acre lot size for single-family, non-farm dwellings.
Boone and Jane Bjerke of Brownsville said that would hurt people who might not be able to afford more than one acre. ìYouíre taking away a lot of people that want to build a nice small home for their family,î Bjerke said.
The board also tabled a change of the slope requirement from 24 percent to 20 percent on a buildable lot. They want the planning commission to look at this change and what effects it may have if they change requirements in the ag. district, Frank explained after the meeting.
Definitions approved
The board approved several definition changes.
ï Lot size: Lots with individual sewage treatment systems and water wells were increased from half-acre to one acre. Lots with central sewage treatment and water systems were changed from quarter acre to one acre.
Kelleher said the planning commission has received a lot of input from townships on this issue.
Kermit McRae, chairman of Caledonia Township, said it will be a big issue when when public sewer is needed, because the cost of bringing it in is monumental. ìThe larger lots probably put that off a substantial number of years,î he said. ìItís not forever.î
ï Cabin: The minimum size of a cabin was changed from 200 squarer feet to 400 square feet.
ï Penalty: A penalty for beginning building without a zoning permit will be $75 per day.
ï Extensions shortened: Extensions of zoning permits were changed from five years to two years.
ï Hunting preserve: A hunting preserve was worded as a ìfee for huntingî space acreage enclosed by a perimeter fence. With deer, the fence must be 8 ft. high.
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