Posted: 10/30/07
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.
At the Oct. 23 meeting
The Solums 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.
Kaardal countered the maps were not accurate, and at least half of the house is actually located on Class 4 soil. He added when the county staff calculated the slope, 12.1 percent was the figure arrived at.
"My position has not changed on the slope or class of soil," Tuck said. "I did confirm the calculations at more than 12 percent. But that was using their measurements, not mine. I did not go to the site and take measurements."
Attorney Jay Squires, representing the county, pointed out the measurements the Solums provided for calculating the slope were taken after the fact. "So how can you get an accurate reading?" he asked. "An inch one way or another is enough to make a difference when calculating the slope."
Kaarhal asked the county why a similar CUP had been approved for Earl Kitchen and not for the Solums. "These cases are similar, yet you approved the Kitchen request and sued Matthew and Beth," Kaardal said.
Scanlan noted the county acted similarly in regard to soils and slope reviews for both properties. The big difference, according to Scanlan, was the Kitchen home was located on land with a slope of more than 12 percent, and on Class 4 soil, according to the USDA soil survey maps.
"But you never even told Matthew or Beth that they could apply for a CUP. You just sued them," Kaardal pointed out. "All administrative procedures should have been presented and offered to them before the county sued them."
Squires replied that Jared had applied for a CUP, knew that the house was out of compliance, and sold it to his cousin. "Itís not the countyís responsibility to let citizens know what all their options are. Jared knew about the CUP, Matthew and Beth had an attorney who should have instructed them on what they could do."
Public comments
County Board Chair Ann Thompson opened the hearing up to public comment. Six persons commented on the issue, all siding with the Solums.
Keith Myrah said the role of the government is for the people and by the people. He asked the county board to be open-minded with this issue. "These young people pay taxes, and now their property taxes are going to help pay for your attorney to work against them."
Ed Myrah said he heard the county wanted to make an example out of the Solums. "If this decision is based on soil type, you donít have a leg to stand on. Where that house sits, certainly wouldnít hurt a single farmer in Houston County."
Jane Bjerke said she feels the Solums are being singled out because of their religion. "I attended a meeting recently, and had one of the board members come up to me and ask ëare you part of that group.í What did he mean by that? The location of this house isnít going to hurt anyone. We need to get along and work together to resolve this. Please have an open mind when considering this (the CUP request)."
Matthew Solum said he didnít think there was a law on the books that forbade him from purchasing a house with just eight acres in the country, nor a law against selling a house with just eight acres.
Squires responded the county recorder can accept a deed of sale, but that doesnít mean it was a legal transfer. He added that Matthewís cousin Jared knew the house wasnít in compliance when the transaction was made and that fact should have been addressed before a transaction was made.
"Are you going to kick us out of our home?" a tearful Beth Solum asked the county board. "We havenít broken any laws. What have we done wrong? We feel the county has done everything in its power, found every excuse possible to take our home away from us. This is our home, our future. Will I be evicted? Youíve given permits to other people why not us? I feel you are prejudice against our religion."
"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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