Commentary, Posted: 7/17/07
Letter to the editor: Is the CJC site legal in zoned R2?
To the Editor:
This is an open public letter to the Caledonia City Council as I believe that all residents of Caledonia and Houston County should be aware of some of these facts.
At the public meeting on July 11 in Caledonia, it was brought up the issue for the need of having the proposed CJC site rezoned as it is currently zoned Residential 2. The issue was dismissed; stating that an R2 zoned area is allowed to include police stations and fire stations and was told that the CJC building was the same as a fire station. I have a real estate license and this seemed very illogical.
Police stations and fire stations are allowed in a Residential 2 area because they give and provide immediate emergency services to the immediate residential persons living in the city. Zoning is part of the state police power, and therefore must be for the furthering of the health, morals, safety, or general welfare of the community.
There is no question that a prison (which this is) DOES NOT provide emergency services to residential persons. The CJC/prison DOES NOT provide the further of the health, morals, safety, or general welfare of the community at this proposed site location, the CJC violates our current R2 ordinance; it is an endangerment to the residents of the city of Caledonia at the current proposed site.
Furthermore, before a tract of land may be developed, the intended use must be permitted under the existing zoning classification. The CJC DOES NOT meet this requirement. In addition, if the proposed use is not permitted, the developer must apply for an amendment to the zoning ordinance for rezoning. This has not been done.
The Federal Supreme Court has already ruled on similar cases and the CJC does not qualify to be built in R2 zoning. Let us face the facts. Variances are granted because of hardships, in part. The variances, etc. that the county has brought forward are self inflicted. The county has other options (like change the location) to avoid the need for any approval of any variances, etc. The current site land can better be used, to include being taxable again.
I am certain that the Supreme Court of Minnesota would also agree that the CJC creates an imminent danger to the residents in the area. A child was almost kidnapped this past school year. The Caledonia City Council should not only disapprove the submitted variances, etc. It should allow the residents of Caledonia to vote on any rezoning issue that the county may attempt to obtain for the current site. In my opinion, the current site should be considered a criminal endangerment of life.
Larry Salm
Caledonia, Minn.
Caledonia Argus
314 West Lincoln St.
P.O. Box 227
Caledonia, MN 55921-0227
507/724-3475
E-Mail: editor.argus@ecm-inc.com
