Posted: 6/12/07
Judge Fabian rules with Houston County in Solum zoning dispute
By Charlie Warner
Argus News Editor
District Court Judge James Fabian ruled in favor of Houston County in a zoning dispute between the county and Matt Solum of Spring Grove Township. Zoning Administrator Bob Scanlan informed the Houston County Board of the decision at the June 5 county board meeting.
According to Scanlan, the zoning dispute materialized when Jared Solum wanted to build a home on property he owned in Spring Grove Township. The building site was not in compliance with two different zoning ordinances. The site location was less then 40 contiguous acres in an area zoned agriculture tillable acres, and there was an existing dwelling.
Solum needed to receive two conditional use permits (CUP) before he could build the house, Scanlan explained. The CUPs were not approved, but Solum started building the house.
"There was a spot just 100 feet to the west of where Solum was building this house that would have worked," Scanlan noted. "It was a lot of record (a previous building site grandfathered in). The county planning commission recommended Mr. Solum build the house on this location. But he went ahead and started construction at the original non-conforming site."
Scanlan said the county issued a stop order, which was served by a Houston County deputy. Public hearings were called by both the planning commission and the county board. Both governmental bodies heard testimony and then denied the CUP requests.
"We still tried to work with Mr. Solum," Scanlan continued. "We told him he had three options: move the house 100 feet west to the lot of record site, tear it down, or remove the other dwelling and purchase enough land so that he had 40 contiguous acres."
Scanlan said Solum did purchase land to increase the building site to 40 contiguous acres, and notified the county they had taken the apartment out of the existing shed on the property.
A building permit was issued in July, 2006. Shortly after obtaining the permit, Solum deeded the property back to the adjoining property owners, and finished the house. About the same time, Solum sold the property and house to his cousin Matt Solum.
"I donít know if Jared thought it would be a dead issue if he sold the property with the non-complying house to his cousin. But it wasnít," Scanlan said.
The county filed papers against Matt Solum in District Court, and Judge Fabian made his decision on May 21. Because the county board did not meet on May 29, the June 5 meeting was the first chance Scanlan had to officially inform the entire board of the judgeís decision.
The county planning and zoning department will send a letter to Matt Solumís attorney informing him the county still wants to work the zoning issues out. Solum can file an appeal with the Minnesota State Court of Appeals.
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