"Where Fillmore County News Comes First"
Tuesday, June 18th, 2013
Volume ∞ Issue ∞
- 8:58:04, Jun 18th 2013 - cabraden1 - I salute you Colonel Overland. Your were my c.o. at Rockville Naval Air ... [Read More]
- 7:10:46, Jun 13th 2013 - chipperlee - Seems to be a well written article, except maybe Silica Sand is used in ... [Read More]
- 12:02:15, Jun 9th 2013 - getthefacts - The problem here lies in the fact that girls were repeatedly told "if y ... [Read More]
- 10:45:32, Jun 7th 2013 - Jo mom for 6yrs - Mr. Ehler hit the nail on the head. I agree with the religious con ... [Read More]
- 2:47:58, Jun 7th 2013 - hello - Hello, it's time you wake up. There isn't a community nearby that doesn't offe ... [Read More]
- 9:06:21, Jun 6th 2013 - hello - Hello, it's time you wake up. There isn't a community nearby that doesn't offe ... [Read More]
- 2:05:29, Jun 6th 2013 - Kim Wentworth - The number one rule in a debate: 1) if the person from the opposite si ... [Read More]
- 12:42:18, Jun 4th 2013 - EW - For someone that is always spouting religious rhetoric, you try to come off as a ... [Read More]
- 11:32:18, May 31st 2013 - JO PLAYER - This is unfair to us girls. Morrie Miller is not getting canceled but J ... [Read More]
- 8:25:34, May 29th 2013 - RP - Why is Mr. Ehler involving himself with non-school activities? Is he going after ... [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.