Posted: 10/16/07
County board tables Solum CUP
By Charlie Warner
Argus Editor
The Houston County Board of Commissioners decided to table a conditional use permit (CUP) request made by Matthew and Beth Solum, 23642 Maple Leaf Drive in Spring Grove Township until Oct. 23. The decision was made during the Oct. 9 board meeting upon the recommendation of County Attorney Rick Jackson.
The Oct. 9 action was just the latest chapter in a long-running battle between the county and the Spring Grove township property owners.
The Solums are requesting an after-the-fact CUP for the home they purchased from Jared Solum. Jared Solum and Houston County have been at odds over the construction of the home in extreme southwestern Houston County for nearly three years.
The county board and staff received a substantial amount of additional information from Matthew and Beth Solumís legal counsel on Monday, Oct. 8, and did not have an opportunity to review it. Originally, the county board decided to table the issue until the Oct. 16 meeting. But the countyís land-use attorney Jay Squires had a conflict and could not make the Oct. 16 meeting.
Some history
According to Houston County officials, the house was constructed before the necessary building permits had been approved. Houston County Planning Commission minutes indicate that Gary Thomas and Dale Solum were told during a November 2004 meeting they could not construct a home on the site because there was an existing dwelling on the property, which was less than 40 acres.
Thomas and Solum asked the planning commission to overlook the one per 40 policy and allow them to build. The planning commission indicated they would not overlook the county zoning ordinance. Jared Solum purchased the property in November.
On December 1, 2004, construction of the house commenced without the necessary building permit. A stop work order was issued, but ignored by the builders and construction continued.
In late December, 2004, Jared Solum applied for an after-the-fact CUP to allow the dwelling. The planning commission made a physical tour of the site and recommended the CUP request be denied. At the Feb. 22, 2005 meeting, the county board denied the CUP request.
In March, 2005 the county notified Jared Solum he had until August 1, 2005 to bring his property into conformance with the zoning ordinance. He was presented with a number of options, one of which was to acquire additional land to bring his property to 40-plus acres.
By May 13, 2005 Jared Solum had acquired the needed additional acreage, and provided proof to the county of the acquisition.
On July 20, 2005 Jared Solum signed an affidavit indicting the 40 contiguous acres would remain intact with the dwelling.
In late fall or early winter of 2005, the county learned Jared Solum had broken up the 40 contiguous acres when he sold eight acres, including the house to his cousin Matthew Solum.
The county notified Matthew Solum with a letter dated Dec. 5, 2005, that his property was not in compliance with the county ordinance. Despite numerous requests, Matthew Solum declined to meet with the county to discuss his situation.
In September, 2006, the county initiated litigation to enforce the Houston County zoning ordinance as it applied to the Solum property.
On May 21, 2007 Judge James Fabian issued his order finding the property in non-compliance with the zoning ordinance. Judge Fabian directed Matthew Solum to bring the property into compliance.
On Sept. 4, 2007, Matthew Solum filed the current CUP application the county board is now considering. Matthew Solum, through counsel, asserted the application constituted a good faith effort to come into compliance with the zoning ordinance. The application was accepted because more than one year had passed since the prior CUP application by Jared Solum had been denied.
At the Oct. 9 meeting
Attorney Erick Kaardal, who represented Matthew and Beth Solum, presented the county board with soil boring reports provided by McGhie and Betts. The county ordinance does not permit a residence to be located on less than 40 acres of land comprised of Class 1, 2, or 3 soils, which are prime farm soils. According to county maps, the Solum house is located on Class 3 soil.
McGhie and Betts conducted seven soil borings on the Solum property. Six of the seven borings confirmed Class 3 soils. The seventh boring, which was taken nearest the house, showed "40 inches of over-burden over the original soil, which is a fragmented rocky substrate."
Kaardal insisted the seventh boring proves the house is built on a pocket of poorer soil (similar to Class 4 soil) making it allowable by the ordinance. This pocket of poorer soil is known as an "inclusion," and typically represents less than five percent of a total area.
Kaardal reported he had secured swore testimony from the contractor who excavated the basement of the house that when he started digging he went through six inches of black dirt, six inches of a mix of black and brown dirt, a foot of clay and then hit bedrock. A jackhammer had to be used during the digging of the basement.
"The scientific data provided by experts indicates the Solum house sits on Class 4 soil, which is allowable according to your current county zoning ordinances," Kaardal said. "There should be no question that Matthew and Beth Solumís home is not out of compliance."
Kaardal then went through a listing of 16 different property owners who had requested and received variances from the county since 1999 to construct non-conforming homes on less than 40 acres of ag land rated Class 1, 2, or 3.
"Why would you allow these 16 requests since 1999 and not the Solums?" he asked. "Had you denied all of these requests, that would be a different story. But you approved 16 requests very similar to the Solumís. Why are you doing this to them?"
A number of persons testified in favor of granting the Solum request.
After hearing nearly 90 minutes of testimony, the public hearing was closed and the county board voted unanimously to table any action taken on the CUP request.
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