"Where Fillmore County News Comes First"
Saturday, April 19th, 2014
Volume ∞ Issue ∞
- 4:25:14, Apr 18th 2014 - SignRancher - I can't wait to check it out ! My daughter, who lives in Rushford, can' ... [Read More]
- 10:55:36, Apr 3rd 2014 - Attendee - I do think the meeting went well in terms of sharing information. But also ... [Read More]
- 11:56:59, Apr 2nd 2014 - svtaxpayer - Start the meeting with the same old rehash about how great college class ... [Read More]
- 11:30:55, Mar 28th 2014 - RoryKramer - I couldn't have said it any better. My family has shopped at Willie's f ... [Read More]
- 8:44:51, Mar 26th 2014 - Gunnar Berg - Would that be Henrik's lessor known younger brother "Al"? ... [Read More]
- 1:21:46, Mar 23rd 2014 - REDHORSE51 - EXCELLENT COMMENTARY ON BULLYING, HOWEVER THE AUTHOR STILL SUPPORTS THE ... [Read More]
- 6:23:24, Mar 17th 2014 - about time - About time they start giving tickets to people who park where it days no ... [Read More]
- 5:51:04, Mar 17th 2014 - what? - I guess it depends who you are in this town. I called and talked to the city ... [Read More]
- 4:03:17, Mar 14th 2014 - - Looking for his mom and found this. Randy you will be greatly missed. I loved all ... [Read More]
- 10:21:04, Mar 14th 2014 - Doc - So many winners. ... [Read More]
Do you think that chain stores in small communities undermine the sales of locally owned retailers?
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.