To the Editor:

Zoning is a term used in planning a system of land-use regulation in various parts of the world, including the USA. New York City was the first to apply city-wide zoning in 1916. Zoning is primarily used as a permitting system to prevent new development from harming existing residents or businesses.

At the meeting on July 11, 2007, the city clerk stated that he made the decision to ok the CJC/prison to be built in a residential 2 zone. He has stated that the current court and jail were zoned R2. Existing development in any community is never affected by new zoning laws. It is "grandfathered". This is referred to as "legally non-conforming."

Zoning affects all new development in a community. There are three types of residential zones, namely, R1 (for single-family), R2 (for two-family) and R3 (for multiple family). There is no question that the CJC/prison will harm the existing residents. Because of this it will be illegally nonconforming. Zoning ordinances are under the municipal government control. We the people have voted in a city council to vote on these things. I attended the July 23, 2007 meeting and learned that the city council has never voted on this matter. Zoning ordinances are usually very strictly interpreted and enforced. The CJC/prison canNOT legally be built on the proposed site. (The variances consist of 10 taxed parcels which are now tax exempt).

Zoning ordinances control many items and have procedures for granting variances because of hardship due to the particular nature of the property in question and due to circumstances beyond the control of the property owner. In plain words, variances should never be granted when the hardship is caused by the property owner. Any foolish property owner can self-inflict a hardship by not checking the ordinances before they buy land to insure that it will serve the need. The county has available alternate undeveloped and unzoned land sites that they can choose. On July 16, 2007, the city council denied a local request to have 9' x 18' parking stalls, stating that the full number and size of parking stalls be included.

Caledonia City Council, you openly declared that you were "for the people" several times. The safety "of the people" depends on you. The life you save may be your own or your familyís. In 50 years we may very well need 590 spaces of 10' x 25' for parking. Remember that "before parcels of land may be developed, the intended use must be permitted under the existing zoning ordinances." I have been unable to find any prison built on residentially zoned land, R1, R2, or R3!

Larry Salm

Caledonia, Minn.

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Caledonia Argus
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