Board Chairman Mitch Lentz initiated a discussion related to Zoning enforcement during the Fillmore County Board’s October 4 meeting. Zoning Administrator Cristal Adkins, County Attorney Brett Corson, and Highway Engineer Ron Gregg contributed to the discussion.
Adkins said if a zoning ordinance is in place you have to enforce it. People need to call her with complaints. Lentz asked about the enforcement process. The first step is to send a letter to inform the property owner of the ordinance. Corson added if the letter doesn’t result in a correction of the problem, we next talk to the individual, which will solve the problem in 50-60% of the cases. They are fortunate to have pretty good communication.
Lentz asked what the county’s role is in a nuisance complaint. Corson said some complaints require the input of social services, but at some point, legal action may be required. Several legal actions are pending now. They can file misdemeanors. It is challenging; if they move ahead, pictures are needed. Corson questioned whether there should be a zoning investigator, who could be a witness in court.
When a commissioner receives a complaint, they should tell Adkins about the complaint. Corson acknowledged that enforcing zoning rules is a balancing act, “We do live in a free country, and we want to let people decide how to live.” Many nuisance complaints involve noise, odors, smoke, air pollution, discarded waste, junk, dust, inadequate fencing, etc.
The discussion moved to the fact that some townships (Chatfield, Jordan, Sumner, Spring Valley, and Forestville) have more restrictive zoning ordinances than the county. Commissioner Randy Dahl said it should be up to those townships to enforce their ordinances and to pay for any enforcement. He added, Fillmore County taxpayers should not have to pay to enforce township ordinances.
Section 404.01 Application Procedure (1) of the Fillmore County ordinance states, “For those townships which have enacted Zoning Ordinances, an application is not complete until the applicant provides a township permit, resolution or other documentation which certifies that the township has approved the proposed project. Fillmore County’s application requirements do not imply or create a duty or legal obligation by the County to ensure compliance with or enforce township zoning.”
Corson noted it has been their position not to enforce township ordinances. Adkins said they try to let the township know, as a courtesy, that a permit application will not satisfy their ordinance.
Lentz questioned whether the zoning ordinance needs to be changed or amended. Commissioner Duane Bakke noted that if language is taken out that requires the notification of a township about a project, they will be taking an applicant’s money and issuing a permit knowing the township will not allow it.
Adkins explained most townships in Olmsted County do their own zoning. Bakke added those townships pay for administration and have ordinances that cover everything.
Bakke asked if the Planning Commission should explore the county/township relationship. Lentz asked if ordinances could be amended to make enforcement easier. Adkins said her issue with township zoning is that if you know the right people you can get a permit for something that is not otherwise permissible. Adkins concluded, if there is a complaint, call me.
Gregg suggested that people call the department that could be involved with the complaint.
Other business in brief
• County Engineer Gregg reported two quotes for the new County Fuel System. The lower quote from Pump and Meter Service, Inc. in the amount of $96,042.70 was accepted contingent on verification that all items listed are included in the quote. The quote should include installation, material, removal and disposal of old tank, mitigation and soil samples. Brent Kohn said the current underground fuel tank has a leak protection system on it. The new tank will be above ground. Concrete work may be done this fall, but the tank will not be installed until next year.
• Two quotes were submitted for a 78-inch land plane for the highway department. The low quote from Bill Fishbaugher, sales manager Dustin Smith MFG, was approved in the amount of $2,550.
• An access permit for property access to CR 5 for Rodney and Holly Beer, section 8 of York Township was approved.
• A request to transition Jonathan O’Connell, maintenance specialist, to working foreman as recommended by the county engineer and the Personnel Committee led to a long discussion about shop location for a working foreman and cost comparison for the two positions. It was decided to table the request until the issue of whether or not he would need to be in the Preston Shop was resolved and until a hire analysis form is provided. The request will likely be on next week’s agenda.
• Approval was given to hire from a list for a replacement highway maintenance specialist, for the Canton Shop.
• Approval was given to update the committee list to move Randy Dahl to the Highway Committee for the rest of 2022.
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