Posted: 10/3/06
Zoning definitions draw citizensí ire
By David Heiller
Argus News Editor
Several proposed zoning ordinance changes received poor reviews from citizens at the September 26 county board meeting.
About a dozen people attended the public hearing, which looked at definitions to some troublesome parts of the ordinance.
Zoning administrator Bob Scanlan said the proposed definitions and changes were based on public comments made over the past few years.
Environmental services director Rick Frank said definitions needed to be changed to be consistent. He felt they werenít drastic changes, but were intended to reflect the direction of the planning commission.
That direction didnít sit well with several citizens. Dale Solum of Spring Grove was the most vocal. He first objected to the definition of an ag building, which stated that agricultural buildings ìshall not be constructed or used as the permanent, temporary or rental residence for any person or group of persons.î
The U.S. Constitution and citizens rights are being ignored, Solum said. ìWeíve got to do more than lip service to that,î he said. ëDonít you agree these are God-given rights?î
Citizens donít want the county to be known as one that takes away liberties, Solum said. People want to encourage economic development and have families do what they want, Solum said. ìWeíve gone too long in the other direction.î
He gave an example of a farmer who wanted to build a house for his parents, or fix a place for them above a garage. ìWhy would we prevent something like that?î he asked.
Commissioner Dave Corcoran said a case like that could come in as a hardship case. ìThis is the definition of an ag building in an ag area,î he said.
Howard Deters of Spring Grove questioned a proposed change on building on a slope of no more than 20 percent. The maximum slope is presently at 24 percent. He said that would restrict some of the most beautiful scenery such as on bluffs.
There is concern about erosion, commissioner Ann Thompson said. ìThe steeper the slope, the more erosion.
Tom Sawle of Caledonia disagreed with proposed lot size changes. The new language states that lots with individual sewage treatment systems and water wells would have to be a minimum of an acre instead of the current half acre. Lots with central sewage treatment plants would have to be a half acre rather than the current quarter acre requirement.
Frank said that houses and garages are getting bigger, and itís hard to fit a well and two drain field sites on a half acre lot.
People could deal with that by building a smaller house, commissioner Tom Bjerke said.
Frank said there was discussion like this on the Frank Addition in Caledonia. The developer wanted half acre lots, but soil borings increased the size of the drainfield. ìThings just werenít going to fit,î he said.
Thatís the developerís problem, Bjerke said.
But it becomes the countyís problem when the homeowner comes in for a permit to build an addition, Scanlan said.
So then itís a buyer beware situation, Thompson said. ìI donít think thatís what weíre looking for is buyer beware at this point,î she said.
Sawle said the county was taking rights away. He said he wants to build a house behind his house and sell the other one to his son. ìI want to stay on my farm but I canít and that ainít right,î he said.
Other main changes
Here are some of the other definition changes that were proposed:
ï Hunting preserve: This was defined as a fenced area for the purpose of ìfee for hunting.î The fence must be at least 8 ft. high for animals in the deer family.
ï Certificate of occupancy: This would be issued prior to land or building being occupied or used. It would verify what was said on the building permit, Scanlan said.
ï Penalty for beginning without a building location permit: A contractor or owner would be fined $75 per day until the activity has been restored to its original use, torn down, or moved; or receives an after-the-fact zoning permit. Commissioner Larry Graf said this needed to be clarified, because it wasnít clear if the fine would be levied after the fact.
ï Cabins: Part of this stated that a cabin cannot have a permanent foundation. Dave Augedahl of Caledonia asked if it could be a floating slab. Scanlan said the planning commission is frowning on that. Most people want wood floors on their cabins, Corcoran added.
The county board didnít take any action last week, but will have it on the October 4 agenda.
Split vote on recycling
In other business, the board voted 3-2 to sign a three year contract with Scientific Recycling for appliance recycling.
The vote followed comments by Dan Goodsell, district manager of Waste Management in Spring Valley. His company had submitted a bid that would have saved an estimated $13,500 per year in the cost of recycling appliances over Scientific Recycling, which is based in Holmen, Wisconsin.
Bjerke made a motion to switch to Waste Management, but no one seconded it.
Thompson then made a motion to keep Scientific Recycling.
ìI realize we could make a change but Iím very happy with the work thatís done there [at Scientific Recycling],î Thompson said.
Graf said there had been no problems with the company. ìIíd like to kind of go with them,î he said.
ìAt a cost of $13,000?î Kelleher said. ìI donít know how you can justify that.î
ìLow costs sometimes arenít low,î Graf answered.
The contracts were put out on bids, Kelleher said.
But Scientific Recycling based its bid on pieces, versus Waste Managementís bid being per load, Corcoran said.
Graf and Corcoran voted with Thompson to give a three year contract to Scientific Recycling, with Bjerke and Kelleher voting no.
Other business
ï Personnel, insurance: Personnel director Tim Comstock reported that health insurance premiums would be increasing 8.4 percent. ìIím happy with that,î he said. ìItís better than seeing double digits.î The board approved the new rates, which also included switching to a different dental coverage company.
The board also approved moving sheriffís department deputy Matt Seitz from probationary to regular status.
ï Septic system grant: Commissioners approved a motion to pursue a grant from the Southeast Minnesota Water Resources Board. The grant would provide about $45,000 to the county over a three year period to fix straight pipe sewage disposal systems in critical areas.
Corcoran said he would like to see the program focus on getting more people qualified to draw up septic system plans and do soil borings. ìThatís what we need,î he said. ìNobody wants to do it.î
The motion is not a commitment to take part in the program, Scanlan said.
ï Variance approved: Scanlan reported that the county board of adjustment approved a variance on September 14 for William Eglinton in Brownsville Township. the variance is for 20 feet to meet the required 100-foot setback from a county road to build a house and garage.
ï Fiscal agent: The board approved a fiscal agent agreement with the Houston County Fair Board for writing arts grants. Fair board member Ann Emery made the request.
ï Feedlot program: The 2007 county feedlot program was approved at Scanlanís request. It is funded by a Natural Resource Block Grant of $43,468, with matching funds of $30,428.
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