Variance requests presented at the March 26 meeting of the Fillmore County Board of Adjustment were denied.
Randy and Debbie Ristau, Section 5 of Preston Township, had applied for a 40-foot variance from the right of way of TH 52 to build an addition to an existing shop. Ristaus’ application was for a variance from Section 604.05 (2) (b) which states no structure shall be allowed 40 feet from the road right of way. The Ristau application asked for a variance to build to the road right of way with zero-foot setback for a portion of the building addition.
When asked why the addition could not be built in another location, Ristau insisted he wanted the addition to be attached to the existing building and explained there were obstructions on the other side of the existing building including a septic tank.
Cristal Adkins noted the existing structure was permitted where it is because the right of way was not recorded properly at that time.
Trinity Johnson said he was concerned about a building being that close to a state highway.
The variance was unanimously denied because of a zero-foot setback from a state highway. Ristau asked where the board proposed the addition can be put, keeping it attached to the existing building. Ristau stepped back in the board room a couple of times after the denial to express his anger with the board’s decision.
Troy Danielson, Pilot Mound supervisor, explained the township town hall located in Section 10 of Pilot Mound Township was built in 1893. The plans for a new 60-foot by 80-foot township shop and meeting area would require two variances. Ordinance 612.05 (4) (b) requires a 100-foot setback from the ordinary high water level (OHWL) and 613.03 (2) requires a 50-foot structural setback from the toe of the bluff. The variance requests were for a 50-foot setback from the ordinary high water level and a five-foot setback from the toe of the bluff.
Danielson said they have looked at other options; residents want their town hall to stay in Pilot Mound and they want to continue in-person elections. Supervisor Jordan Redalen added they have looked into different properties and options; the town hall is falling apart. “We want to combine the townhall and maintenance shed into a new facility,” he shared.
Land Use Director Blake Lea said the two setbacks overlay each other. The DNR recommends denial of the variance requests, “The applicant has not demonstrated there are no feasible alternatives that would minimize the variance request.” The DNR noted environmental risks that could occur affecting the water quality of Money Creek and soil stability. A second letter submitted by Geoffrey Griffin maintained the granting of this variance request would set a bad precedent. There are other parcels that could be purchased in the township which are out of the shoreland and do not have bluffs.
A motion was unanimously approved denying the requested variances.
Lea explained the township had the option to rebuild in the same location as long as they leave one existing wall in place of the town hall and also one wall of the maintenance shed while not expanding the footprint of either structure.
Planning Commission/Campground
Craig and Julie Stortz were granted a conditional use permit for a campground in 2020. Due to violations of regulations listed in Section 711.03 for a campground; a public hearing was held this day on the revocation of that permit. All campgrounds are to be closed during the months of December, January and February.
Other noncompliance issues included unpermitted structures and burning of garbage on the site. Law enforcement has been called to the campground during the last year on multiple occasions.
Craig Stortz explained this permit was issued six years ago and he didn’t review the conditions recently, especially the requirement to be closed in winter months. Stortz brought with him four people that had been living at the campground. He said they didn’t have a place to stay and stayed all summer. The family members moved to a motel in Rochester once Stortz was notified that they couldn’t stay at the campground in winter months. They moved back to the campground on March 3. Stortz said now that he knows the campground can only be open nine months, the rule won’t be broken again.
Stortz suggested the individuals that brought in law enforcement have been booted out. Stortz said he has made an investment in the campground, installing a large sewage holding tank and electricity.
It was explained to Stortz that one violation can make a recommendation to the county board to revoke a CUP. County Attorney Brett Corson explained the commission could recommend revocation for failure to adhere to specified conditions or they could require corrective action be put into place.
One of the residents explained now that they know, they will leave over winter in the future, will get a dumpster, and the unpermitted/unattached porch can be moved away. Sergeant Dan Dornink said prior to this, last year law enforcement had not been called to the campground. Duane Bakke said it is the owner’s responsibility to make sure there is compliance with regulations; “A corrective action will be your one warning.” There were no comments from the public during the hearing.
A motion was unanimously approved to recommend to the county board that there be a revocation of the CUP unless Stortz enters into a corrective action program satisfactory to the board of commissioners. Andy Bisek asked Stortz if he is willing to sign on with a corrective action plan. Stortz replied that he has no other choice. Lea said there will be periodic checks; they will need to have access to the campground site.
Amendment to 733 Telecommunication Facilities
A proposed amendment was approved to increase the setback requirement from any residence for a telecommunication tower from a 500-foot setback to a 1,000-foot setback. A language error was also corrected (omitted “north central” replaced with “southeast” Minnesota). There was no public comment.
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