Commissioners approve, table requests
Published 12:00 am Wednesday, June 5, 2002
Dan Hodgman, Darrell Kroneman and Dennis Kelly were winners at Tuesday's Mower County Board of Commissioners' meeting.
Larry Sheely wasn't.
Sheely will have to wait a week to learn if he will receive a conditional use permit to operate a home-based business.
Due to Larry Holmgren's strenuous objections, the county commissioners decided to table Sheely's CUP request, pending an on-site inspection of the property in question.
That will take place prior to next Tuesday's county board meeting.
Originally, Sheely
received the Mower County Planning Commission's recommendation of a CUP request to make and sell concrete lawn ornaments from his residence along Highway 556 south of Brownsdale.
Holmgren, a neighbor of Sheely's, objected to the request before the planning commission. At Tuesday's public hearing, Holmgren told the commissioners, "This isn't a personal thing. You wouldn't want it in your neighborhood. I don't want it in mine."
Each time Holmgren registered an objection, Sheely offered a response until Richard P. Cummings, 1st District county commissioner, said the county board members needed to take a look at the site. The commissioners agreed and tabled action on the request.
Kroneman and Kelly each received the county board's quick approval of their CUP requests.
Kroneman received a CUP to operate and auto sales and limited repair business at his home along Mower County CSAH No. 46 east of Austin. Kelly received a CUP to plat a portion of property near Ulland Bros., quarry south of Austin into residential lots.
There were no objections to either request.
Hodgman received approval to continue to plat property along Mower County No. 24 east of Austin into residential lots.
The development is Red Rock Estates and has been mired in controversy. In this latest effort, the petitioner's plans to develop residential lots adjoining other residential lots he owns in Red Rock township clashed with the county's feedlot regulations.
The new lots are within the 1,000 foot setback requirement from two feedlots west and north of the site.
Hodgman received the a CUP last October that came with 15 conditions concerning the proposed plat.
At Tuesday's meeting, Hodgman and his attorney, Tom Baudler, said the conditions were being satisfactorily met
The attorney and his client pointed out the commissioners' fifteenth and last condition was "confusing."
That condition calls for the developer to advise buyers, the Red rock Estate lots are near two feedlots as well as a former sanitary landfill now owned by the State of Minnesota.
Cummings said that condition was necessary to protect both the buyer as well as the developer and the owners of the feedlot and landfill properties.
David Hillier, 3rd District county commissioner, agreed, "That condition was placed on the CUP specifically for the feedlot operators protection."
Patrick A. Oman, Mower County Attorney, defended the condition, saying that it would stand the test of law and that it's intent, however vague to the petitioner, is clearly spelled out in the request "The intent is to provide some protection to future buyers; either the first buyer of a lot or future buyers." Oman said. "Feedlots may disappear, but the landfill will be there forever."
The plat received the county board's unanimous approval with two more conditions added to it. Those conditions are that Hodgman must pay for all street signage costs within the development and that he abide by all the conditions attached to the CUP.