Posted: 6/14/05
Parties at odds over building site in Brownsville Township
By David Heiller
Argus News Editor
A zoning permit granted to Art and Roger Doering of Brownsville Township to install a 14-by-80-foot trailer home has been withdrawn by the Houston County Zoning Department.
Zoning administrator Bob Scanlan explained the situation to county commissioners at their June 7 meeting.
Scanlan said that the Doerings sold 22 acres of land in section 10 of Brownsville Township to Charles Smith of Brownsville in 1996 or 1997. Smith received a conditional use permit to build a home on the parcel in 1997, but he did not follow through on it until this year, when some potential buyers wanted to build on it, Scanlan said. The 1997 permit stated that it was valid for one year and was non-transferrable.
The Doerings applied for a building permit this year, and Scanlan issued it after consulting with his boss, Rick Frank, and with Houston County Attorney Rick Jackson.
Smithís attorney, Skip Wieser of La Crescent, then gave the zoning office and Jackson a conditional use order that had been issued to Smith in 1997. The order did not include the one-year time limit and non-transferable portion of the permit. Jacksonís opinion was that the original conditional use permit was therefore still valid, Scanlan said.
Scanlan is sending letters to both parties, and is refunding the Doeringsí permit fee.
ì[It] Kind of caught us off guard a little bit,î Scanlan said. ìI donít know if Doerings are going to drop it, though.î
The county has a zoning law that prohibits more than one house per 40 acre parcel for land that is zoned agricultural. Therefore, if Smithís permit stands, Doerings will not be able to put their trailer home on their portion of the 40.
ìComedy of errorsî
Commissioners then questioned Scanlan about an ag-use maintenance building that Mitch Bublitz built in section eight of Sheldon Township. Kevin Kelleher asked how the septic system permit had been issued.
Scanlan said it was issued after the fact because the system had not been inspected when it was put in by Bublitz. The system was inspected by a certified inspector, environmental services director Rick Frank said.
Commissioner Larry Graf said he had a problem with the owner picking the inspector.
Kelleher called the situation a ìcomedy of errors,î a term that Frank disagreed with. Timing was important, Frank said, because the structure was started prior to the county requiring a building permit for an ag building, as is the case now.
Two additions have been built onto the building recently, and no permit was obtained for them, so a stop-work order has been issued now, Scanlan said. He asked the commissioners if they would like to see the permit before it is issued to Bublitz. Kelleher answered yes.
ìHeís still saying itís an ag building,î Scanlan said.
Kelleher said the county needs to define an ag building. ìBefore you know it, weíve got a hotel out there,î he said.
Frank said his department is working with the county attorney on the situation.
The Bublitz building was the subject of a complaint by a neighbor, Denise Thompson, at the May 10 county board meeting. She expressed concern that the building would be used for non-agricultural purposes. The building has in-floor heat, plus plumbing for bathrooms and five kitchens, according to Scanlan.
Permits approved
After the discussion, commissioners approved a conditional use permit for Randy and Pamela Steele, Caledonia Township, to build a house on less than 40 acres.
They also approved 21 zoning permits:
ï Lorri Solum, Spring Grove Township; build addition on garage (8x32);
ï Robert and Doris Mitchell, Brownsville Township; build addition on living room (22x 24) above existing living room;
ï Ryan and Sarah Herman, Wilmington Township; build house, garage and deck (46 x 70);
ï Carlyn Kraabel, Wilmington Township; build addition, bathroom (14 x 10) entrance (8 x 6) porch (28 x 5);
ï Tom Walsh, Sheldon Township; build garage (26 x 34);
ï Donna Korthauer, Houston Township; build ag building (16x 24);
ï Joe Driscoll, Brownsville Township; build 2 additions to pole shed (10 x 20) and (5 x 32);
ï Charles Misch, Mayville Township; build storage shed (24 x 48);
ï Michael and Claudette Semling, Money Creek Township; build house and garage (24 x 62);
ï Steve Zieke, Crooked Creek Township; build shed (20 x 20) and grain bin (12);
ï Gary Wilson, Houston Township; build addition, living room (14 x 14);
ï Vickie Henderson, Money Creek Township; build house (30 x 68) garage (24 x 30) porch (8 x 16) deck (8 x 16);
ï Donna and Lester Banse, Caledonia Township; build house (32 x 72);
ï John and Maureen Pitts, Jefferson Township; build house (84 x 35) garage (25 x 27);
ï Edward Bebee, Crooked Creek Township; build garage (26 x 42)
ï Howard Staggemeyer, Winnebago Township; build hoop barn for hay storage (36 x 85);
ï Josh and Amanda Jo Bedard, Money Creek Township; build house (56 x 28) garage (28 x 36) deck (21 x 10) porch (5 x 10) patio (15 x 25);
ï David Seymour, Crooked Creek Township; build porch (16 x 23);
ï Troy and Shannon Lange, Brownsville Township; build addition on house (8 x 6);
ï Mark and Dianne Gerard, Wilmington Township; build house (56 x 40) garage (26 x 32) deck (38 x 11);
ï Karl and Matt Hendel, Caledonia Township Build addition to heifer barn (60 x 60) and build hay shed (60 x 120).
Caledonia Argus
314 West Lincoln St.
P.O. Box 227
Caledonia, MN 55921-0227
507/724-3475
E-Mail: editor.argus@ecm-inc.com