Posted: 10/24/07
County board votes 5-0 to deny
Solumís after-the-fact CUP request
By Charlie Warner
Argus Editor
By a 5-0 vote, the Houston County Board approved the findings and recommendations made by the county planning commission and denied an after-the-fact conditional use permit (CUP) submitted by Spring Grove Township residents Matthew and Beth Solum.
After hearing several hours of additional testimony during a public hearing held Tuesday, Oct. 23, Commissioner Larry Connery made the motion, which was seconded by Dave Corcoran.
The Solums requested 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 listened to more than five hours of testimony during two public hearings held Oct. 9 and 23. One of the major issues was whether or not the Solum home, which was built nearly three years ago by Jared Solum, was located on Class 3 soil or Class 4 soil, and on land with less than 12 percent slope. 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 with less than 12 percent slope, which are prime farm soils. According to county maps, the Solum house is located on Class 3 soil with less than 12 percent slope.
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.
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.
The Solums also contended the land the house was built on had a slope of 12.1 percent, which would also make it a conforming use.
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.
"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 commissionís recommendation and to deny the CUP request," Connery said.
Solumís attorney indicated he will probably be appealing the countyís ruling on the CUP request.
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