In the aftermath of last week’s Mower County Planning Commission meeting, the planners were criticized for being unable to make a decision.

Thursday, May 03, 2001

In the aftermath of last week’s Mower County Planning Commission meeting, the planners were criticized for being unable to make a decision.

Now, citizens will be adding the Mower County Board of Commissioners to that list.

The county commissioners were unable to decide this week on a conditional use permit request for a tire recycling center in Lansing Township. They tabled action in order to visit the site next Tuesday.

"What’s to be gained by the visit?" attorney Craig Johnson asked.

The response from Richard P. Cummings, First District county commissioner, was that it is a familiar procedure for the county board when deciding controversial issues.

A week ago, Timothy J. Flynn brought his permit request to the county Planning Commission for a tire recycling center at the now-closed solid waste disposal facility owned by Gary Harrington in Lansing Township.

Flynn was the only person to speak for the request. A long line of protesters told the planners they opposed Flynn’s request.

That same scenario took place at Tuesday’s county board meeting.

Once again, Flynn told the county commissioners how he wants to create a permanent tire recycling center because of an increasing demand for disposal of tires. Presently, he uses a mobile unit to shred the tires.

Flynn said his business would be contained within a building at the former Harrington landfill.

Sharon Flynn, her relationship to the petitioner unknown, also spoke for the project.

Then a parade of protesters announced their opposition.

Katherine Burke spoke against it and called the proposal "unthinkable." Scott Ulland, a real estate agent, said the proposed tire recycling facility in the midst of agriculture land and expensive homes would diminish the value of the residential properties. Sheila Powell, a real estate agent representing James and Katherine Burke in marketing their Seven Springs planned residential development, said it would interfere with property sales.

Harold Boverhuis, a member of the Lansing Township Board, said the board opposed the petition because it was a case of "spot zoning."

Also speaking out was Lance Pogones, whose own home and other platted residential lots is closest to the former solid waste facility. He said the proposal did not satisfy Mower County’s zoning ordinance requirements.

Dale Hanson, a certified appraiser, said the proximity of a tire recycling center could diminish the value of the residential properties between 10 percent and 50 percent. Jeff Grev said the project does not return enough economic benefit to the county to justify allowing it to proceed. Kathy Hyland, who lives north of the site on a horse farm, objected to traffic hazards created by the anticipated semi truck traffic hauling tires to the site. John Fink said simply, "Tires next to a waterway is an accident waiting to happen."

Finally, Duane Harrington, brother of the landfill owner, Gary Harrington, said he is attempting to sell his house located near the proposed site and he opposes it. He recommended it be located in an industrial park.

Ray Tucker, Second District county commissioner, played devil’s advocate among the hostile audience. "Could you build a house on the old landfill property like all the rest of these folks?" he asked.

Daryl W. Franklin, county planner and zoning administrator, told Tucker he would need a variance to build an additional dwelling per 160 acres. Also, the close proximity of Hyland’s horse farm meant any house construction would have to satisfy a zoning requirement of being at least 1,000 feet from a feedlot.

"If this CUP is denied, this project is essentially null and void if the residents don’t want it," Tucker said. "What about a feedlot there?"

No one had an answer for Tucker’s quasiserious suggestion.

But Tucker’s most intriguing inquiry was to ask what value could anyone place on the abandoned landfill as undeveloped or developed property.

No one, including the appraiser and real estate agents testifying for their clients, could answer Tucker’s question.

Cummings – in whose First District Lansing Township is located – made the motion to table action, "So that we can take a look at the site."

He also wants detailed drawings from the petitioner about his proposed tire recycling facility.

Len Miller, Fourth District county commissioner, seconded Cummings’ motion and it was unanimously approved.

The commissioners will visit the site Tuesday and return to session at the public hearing at 11 a.m. to make a decision.

Once again, no one criticized Flynn’s tire recycling work; only where he wants to do it.

Call Lee Bonorden at 434-2232 or e-mail him at lee.bonorden@austindailyherald.com.