Posted: 12/12/07
Solums file second appeal
in zoning issue with county
By Charlie Warner
Argus News Editor
The legal battle between Houston County and Spring Grove Township residents Matthew and Beth Solum will spill over into 2008.
Last month the Solums appealed the recent Houston County Board of Commissioners' decision to deny their conditional use permit application. Board decisions regarding permits are appealed directly to the Minnesota Court of Appeals. A hearing is likely in 2008.
The county was notified of the appeal Nov. 13. According to information provided by Frederick Grittner, Office of the Clerk of the Appellate Courts in St. Paul, the county must submit all of their records and exhibits within 30 days for processing the appeal.
The Solums felt they presented sufficient evidence that their house does not sit on soils in the Agricultural Preservation District that would otherwise prohibit home construction if on land less than 40 acres.
In addition, the Solums contend there is no county ordinance preventing them from buying the house on less than 40 acres of land ñ another claim the county made against them. Their attorney pointed out of 40 permits reviewed during the period 2000 to 2005, 17 conditional use permits the county granted for homes built on prohibited soils within the district.
Both County Zoning Administrator Bob Scanlan and Root River Soil and Water Conservation District Manage Ralph Tuck testified USDA soil survey maps indicated the house was built on Class 3 soil and the land had less than 12 percent slope.
After hearing several hours of testimony during a public hearing held Tuesday, Oct. 23, Commissioner Larry Connery made a motion to deny the CUP request. His motion was seconded by Dave Corcoran and unanimously approved by the county board.
"We are sworn to uphold the laws of this county. And according to official documentation, this house is out of compliance with our zoning laws. That is why I am making the motion to accept the planning commission's recommendation and to deny the CUP request," Connery said at the Oct. 23 meeting.
Appeals will be consolidated
This new appeal by the Solums will be consolidated with their previous appeal of the District Court's judgment issued May 21 of this year. The May 21 judgment ruled in the county's favor that the Solums were in violation of certain county zoning ordinances and directed the Solums to bring their property and dwelling into compliance with the ordinance within 60 days.
Caledonia Argus
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