The Fillmore County Planning Commission held public hearings on three conditional use permit applications during their February 18 meeting.
•Timothy Lawstuen applied for a CUP for a private campground in section 4, Fountain Township. The application is for seven camp sites. Currently, there are six campers being used just by family members. One of the six campers is used by kids for a playhouse. Everything is shut off for the winter.
There are plans to install a holding tank. Duane Bakke asked that a map be provided showing the location of the campers and the holding tank. An emergency evacuation plan is required by the ordinance.
There were no objections from the township or the public.
The CUP was approved; it will require that rules detailed in the ordinance must be followed.
•Kevin and Bryan Logue, section 5, Fountain Township, applied for a CUP to operate a Farm Winery (Sugar Creek Vineyard and Meadery, LLC). Mead is a honey based alcoholic drink product. The brothers are working through the process to obtain needed permits to open a wine tasting room. Bryan Logue said they have 2-3 acres of vines now and plan to expand. They submitted an extensive presentation of plans for the production, marketing and sale of grape-based alcoholic products. They have future plans for a building with indoor seating, along with other development. In the near future, seating will be covered and be located outside of a current structure.
There were no objections from the township or the public.
Gary Ruskell asked about parking space. No parking is to be allowed along CR 8; off road parking has to be available. Logue said there will not be parking along CR 8.
Bakke asked about the availability of food in the wine tasting room mentioned in the presentation. Logue said the goal is manufacturing, not a working kitchen. Zoning Administrator Cristal Adkins made it clear the CUP does not provide for a restaurant, although, some food is acceptable as a condiment to the wine in a tasting room. She referred to Section 737 Farm Winery and 737.03 Uses, that which is permitted at a farm winery upon the granting of a CUP. For example, wood fired pizza would not be permitted; it would require a different CUP.
County attorney Brett Corson questioned the sale of brandy or seltzer. Adkins explained brandy/distilled spirits are included in the state rules. Ruskell maintained we should be in line with the state. Adkins said a grape based product falls under the state license.
Bakke said prohibited uses are those that don’t fall under a Minnesota farm license; the state license would cover mead and eventually brandy.
The CUP was approved, noting the activities allowed are those referred to in section 737.03 of the Fillmore County Zoning Ordinance.
•Justin and Pam Brown, section 17, Arendahl Township, applied for a CUP for an Agricultural Tourism Business. Justin Brown said they want to start a corn maze and a pick your own pumpkin patch (8.5 acres for the corn maze and 1.5 acres for parking, pumpkin patch and a recreational activity area). The 10 acres are all in a current agricultural field. There will be no permanent structures; no setbacks are required.
There were no comments from the township or the public.
Plans are to have the maze opened from the end of August to the end of October.
The CUP was approved.
The county board will consider these three conditional use applications at their March 2 board meeting.
Proposed Zoning and SSTS Ordinance Amendments
Proposed amendments to the county’s Sub-surface Sewage Treatment System ordinance were discussed. Attorney Greg Schieber, Harmony, had sent a letter to Commissioner Marc Prestby requesting an amendment to the ordinance to allow a reduction in the required escrow account to bring a septic system up to code when the system has been inspected and deemed non-compliant, and where there is a detailed cost estimate for the upgrade.
If the septic system has not been inspected, an escrow account in the amount of 150% of the estimated cost of bringing the system up to code is required. This is required by the state.
The point in contention was if there had been an inspection and the system is non-compliant, and a detailed estimate of the cost of an upgrade has been submitted, the state requires an escrow account be established in the amount of 110% of the estimated cost of the upgrade. Fillmore County has required 150% of the estimated cost in either case.
After a long discussion, it was decided to propose an amendment to the Fillmore County Ordinance to allow a lesser amount of 115% to be required in an escrow account of the estimated cost of the upgrade, if the system has been inspected and deemed non-compliant and a detailed estimate of the upgrade cost has been submitted.
Proposed amendments to the ordinance also include language to include land transfers that do not need a Certificate of Real Estate Value as determined by the county auditor. If the parcel includes a dwelling a compliance inspection must be performed and submitted to the Zoning Department within 12 months of transfer. If it is non-compliant it must be brought up to code.
“A Fillmore County SSTS Land Transfer Compliance form must be submitted with every property transfer, whether or not an inspection is required.”
A public hearing on the proposed amendments to the SSTS ordinance is to be held during the March 18 planning commission meeting.
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