"Where Fillmore County News Comes First"
Thursday, August 21st, 2014
Volume ∞ Issue ∞
- 8:00:02, Aug 19th 2014 - doc - Republicans want the truth, they just don't like facts. ... [Read More]
- 7:58:04, Aug 19th 2014 - doc - Gas prices were $4.25 the last summer that GWB was in office. ... [Read More]
- 4:40:55, Aug 19th 2014 - dave - Gas prices were $1.79 a gallon when GWB left office ... [Read More]
- 9:08:48, Aug 19th 2014 - doc - What was the MN unemployment rate when GWB was in office? ... [Read More]
- 10:48:03, Aug 15th 2014 - Retired - A quick google search offers numerous ideas for community education. Knitt ... [Read More]
- 10:44:01, Aug 15th 2014 - tom - I believe that part of what made this country great was the ability to work to ... [Read More]
- 12:31:16, Aug 14th 2014 - Mad Mike - All you liberal's think a like. You read what you want to read and liste ... [Read More]
- 10:28:11, Aug 13th 2014 - Dale Eppen - Herb, I am so happy you like Obama Care. I also assume you like half a ... [Read More]
- 9:54:03, Aug 11th 2014 - rschalow - Sign the Petition: Tell North Dakota Leaders that the oil companies aren't ... [Read More]
- 1:25:19, Aug 11th 2014 - NCLoon - Would Mr. Gudmonson please share with us where he gathered all of the data r ... [Read More]
Fri, Jan 10th, 2003
Posted in Features
Posted in Features
Judge Robert Benson heard oral arguments in Fillmore County District Court on Tuesday, January 7 regarding a zoning dispute between Eli Slabaugh of rural Canton and Fillmore County.
In October, the court imposed a restraining order on Slabaugh preventing him from continuing construction on a permanent dwelling on land he owns in Canton Township. The dispute centers around the site location for Slabaugh’s dwelling, which is located 300 feet from a rock quarry. The Fillmore County Zoning Ordinance stipulates that dwellings need to be set back a minimum of 1000 feet from a quarry. This past summer, the Fillmore County Planning and Zoning Commission rejected Slabaugh’s request for a 700 foot variance. Despite this decision, it is alleged that Slabaugh continued with construction with his dwelling, in direct violation of the zoning ordinance. Attorney Daniel Moulton of Rochester, representing Slabaugh, told the court that the county’s application of the zoning ordinance in this case was arbitrary and capricious. Moulton contended that Slabaugh’s dwelling was approximately 1500 feet away from the working part of the quarry and that little or no activity had taken place at the site. According to Moulton, the last time blasting was done at the quarry was five years ago. Consequently, Moulton concluded that Slabaugh’s dwelling did not pose a threat to public safety. Moulton also told the court that there is precedent for the county granting sizeable variances in the past. According to Moulton, Slabaugh proceeded to buy the land for the building site a few years ago after consulting with the Fillmore County Zoning Administrator Norm Craig, and being assured that it was a suitable building site. When Slabaugh went to get a building permit this spring, he was told that he would need a variance. Moulton finished his remarks to the court by stating that “it would be unreasonable to ask my client to tear down his house and build elsewhere.” County Attorney Matt Opat told that court that when Eli Slabaugh bought his property, the deed clearly stated that the property was subject to the zoning laws of the county. Opat said timing is very important to the case. “Regardless of what he (Slabaugh) was told two years ago, when he went to get a permit, he was told he can’t build,” Opat told the court. Opat further explained that any hardship in the case was created by Slabaugh. “The county said, ‘No, you can’t build,’ but he went out and built anyway. He created his own hardship,” Opat said. Judge Benson took the matter under advisement and will rule within 90 days.