"Where Fillmore County News Comes First"
Tuesday, July 28th, 2015
Volume ∞ Issue ∞
- 8:53:21, Jul 28th 2015 - CARON - I wish I would have known Jeanie. I've thought of you and Janet often over t ... [Read More]
- 12:01:31, Jul 27th 2015 - What - "Dear Mr. Wentworth, My knowledge also comes from hiking throughout the Unit ... [Read More]
- 11:25:05, Jul 27th 2015 - LOLZ - I think we're done here. ... [Read More]
- 9:58:11, Jul 26th 2015 - Paul - Dear Mr. Wentworth, My knowledge also comes from hiking throughout the United ... [Read More]
- 2:04:57, Jul 25th 2015 - chris - Just like they didn't plant cougars, bear, wolves, wild turkeys and who knows ... [Read More]
- 7:20:23, Jul 25th 2015 - LOLZ - Maybe we won't get any snow next winter. Might as well worry about it in July ... [Read More]
- 6:22:03, Jul 22nd 2015 - Let's see - And the big piles they make in middle of roads that u have to drive up an ... [Read More]
- 10:55:05, Jul 21st 2015 - BareMinimum - Maybe now side streets can get plowed! Sick of the terrible condition ... [Read More]
- 10:03:19, Jul 20th 2015 - Kim Wentworth - @Paul and the song writer- forgot your spellcheck / the glaciers and ... [Read More]
- 8:42:34, Jul 19th 2015 - SV80 - Well said, Paul and livin' the dream. ... [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.