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Fillmore County Zoning & Planning Commission: Old Spring Valley Creamery site rezoned commercial

Fri, Oct 19th, 2007
Posted in Government

PRESTON - The Fillmore County Planning & Zoning Commission, at their Thursday, October 18 meeting, unanimously approved rezoning property belonging to Terry Fetterly in Section 34 of Spring Valley Township from agricultural to commercial. Fetterly intends to build a restaurant in the historic old Creamery.

Fillmore County Attorney Brett Corson raised the question as to whether rezoning this site would constitute spot zoning. While the creamery site is located a mile from Spring Valley city services, the property is within a half mile of the city, complying with the Fillmore County Zoning Ordinance. The site is also in a area with mixed zoning, including residential and commercial properties.

There was some discussion about septic systems and whether the 3.4 acre site can accommodate a primary and secondary septic site to handle a commercial operation of this size. It was noted that the matter before the commission was related to rezoning and was not about a conditional use permit to operate.

It is expected that the Fillmore County Board will take up the rezoning matter at their next board meeting. If given the go ahead, Fetterly is expected to apply for a conditional use permit, which would then be discussed at the November 15 commission meeting.

Fetterly expects to begin construction in the spring of 2008. A new exterior structure would be built around the old creamery, incorporating the limestone walls in the interior decor. The restaurant, which will seat 80, hopes to be open the spring of 2009.

• The Commission renewed a conditional use permit for the Moen Rock Quarry in Section 28 of Pilot Mound Township. One of the conditions placed on the permit is that the quarry has one year to remove stockpiles of lime that are located outside the quarry across the road. Mervin Moen, owner of the quarry, must also work with Norm Craig, Zoning Administrator, to develop a reclamation plan for the site, in order to be compliant with the Fillmore County Zoning Ordinance. The matter will be passed on to the Fillmore County Board for final approval.

• The Committee approved a conditional use permit for Ben and Diane Nolt to operate a water bottling facility in the Ag District in Section 31 of Beaver Township. The permit is for a wholesale facility and not a retail operation, such as a gift shop. The matter will now be sent to the Fillmore County Board for final approval.

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