At the May 26 meeting of the Fillmore County Board, ordinance buffers/setbacks detailed in Section 6 Subdivision (8) of the county’s ordinance were discussed.
This section details eligibility requirements for Cannabis businesses. The board discussed denying the Cannabis Microbusiness retail endorsement for 5th Sun Gardens LLC at 111 Coffee St. East in Lanesboro due to its location 715 feet from Bethlehem Lutheran Church. This location being less than 1,000 feet from a church makes it non-compliant with the current Fillmore County Ordinance.
Owner Luis Hummel spoke during the Citizens Input portion of the meeting. He said he was completely blindsided by the recommendation to deny. He acknowledged that there have been multiple changes and moving parts concerning Cannabis rules.
Hummel insisted that Fillmore County has known the proposed location for his business since September 2025. He specifically asked about zoning requirements and was told his business would be under the Lanesboro zoning authority. Lanesboro had approved the location. His business is now about 90% built out and he said he has invested hundreds of thousands of dollars. He was just notified on Friday, May 22 about the setback issue. The state does not require a buffer from religious establishments, but the county ordinance does. Hummel said he is facing serious financial harm and asked the board for a fair solution.
Commissioner Mitch Lentz said the Cannabis Committee recommended the 1,000 foot buffer from churches. He added the board approved the committee’s recommendations. However, a change to this requirement has been discussed.
Commissioner Duane Bakke acknowledged that they talked about making all buffer requirements from churches, schools, day care, etc. 500 feet, but they have never voted on it.
County Attorney Brett Corson noted that local governments may adopt reasonable setbacks.
There was some discussion how to best mitigate the situation and move forward. Bakke explained if a denial was approved then Hummel could begin an appeal process. If we do nothing, the state will issue a license for 5th Sun Gardens this Thursday. Bakke did not like the option of doing nothing, but preferred going back and starting the process to reconsider the 1,000 foot setback requirement.
Auditor/Treasurer Heather Broadwater noted that denial doesn’t deny Hummel’s application. Hummel asked if the board denies the endorsement and the appeal process goes forward can the state still issue his license. County Administrator Bobbie Hillery said a public hearing is needed to amend the ordinance. Hummel will have 30 days to appeal. Hillery suggested the committee could meet to make a recommendation.
A motion was approved denying the Microbusiness-retail endorsement for 5th Sun Gardens LLC.
Hillery set up a committee meeting to be held on May 28. If the committee recommends amending the ordinance, a public hearing will be scheduled on the proposed amendment or amendments. During this process Hummel can appeal the board’s denial.
Other Business in Brief
•Approval was granted for a PACE Special Assessment on property owned by David Johnson and Sandra Goebel located on Almond Rd. in Peterson. The Saint Paul Port Authority had requested the county place Property Assessed Clean Energy (PACE) special assessment on the parcels in Peterson for a commercial solar installation. The assessment amount to be paid back over 10 years at 6% interest is $62,800.
•A resolution was adopted approving a conditional use permit for Joe and Alison Miller and Andrew and Naomi Miller for a sawmill in Section 6 of Sumner Township. Zoning Administrator Cristal Adkins said there had been a public hearing at the recent Zoning & Planning meeting. There was a lot of discussion from home owners that were part of an old subdivision that were concerned about the affect the sawmill could have on their lives. The property is located in an Agricultural District. Adkins said it is a clean and well organized site. Three conditions were attached to the CUP: no open burning of any byproduct of the sawmill, no storage of slab or sawdust south of the building, and permitted hours of operation limited to Monday through Friday from 8:00 a.m. to 5:30 p.m. and Saturdays from 8 a.m. to 12 p.m.
•An access permit for Allen Miller for a new building site on CSAH 29 in Section 12 of Newburg Township was approved.
•An access permit for PC Holdings LLC to a new building site on CSAH 5 in Section 8 of Chatfield Township was approved.
•An access permit for Dennis Swartzentruber for a new field access on CSAH 21 in Section 16 of Canton Township was approved.
•Approval was granted for a Master level Social Worker Intern in the Human Services Department. The candidate has experience in child protection; there is no cost to the county.
•The transfer of Don Lind, Mechanic, to Shop Foreman, effective April 15 was approved. The request to advertise for a replacement mechanic was approved.
•The request to seek a 90-day extension from the Department of Revenue for the vacant Assessor position was approved. Approval was granted for the extension of both contracts for services from Ryan Rasmusson and Freeborn County for Assessor support. The county has been advertising for an Assessor but has not received any applications.
•Repair costs in the amount of $4,921 associated with the Astrophysics scanner for Court Security were approved.
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