At the June 20 meeting of the Fillmore County Planning Commission, public hearings were held on a rezoning request and a conditional use permit application.
Peter Swartzentruber, section 5 of Preston Township, applied to rezone his property from Ag to General Commercial (B-1). The property is on the edge of the east city limits of Preston. Swartzentruber, who was not present at the hearing, plans to use the property for his construction business, plus have a space for small engine repair. The building is intended to be a mixed-use facility.
Ruth Mikos was concerned about how the rezoning to General Commercial and the kind of businesses that this could allow would affect their property values and traffic. She said the business will use the same driveway entrance from Highway 52 as they do, and they also share a property line. She insisted the rezoning will be a permanent change and could allow a number of other commercial businesses in the future, noting, “We are in the Ag District.”
Land Use Director Blake Lea noted Swartzentruber can’t apply for a commercial use permit until the property is rezoned. The property lies within a half mile of the Preston city limits. Duane Bakke said the property is surrounded by commercial or industrial properties. It will be a home base for a carpentry/construction business and there are plans for a tenant to operate a small engine business.
Trinity Johnson maintained the application is just for rezoning, not for a conditional use permit. Tom Thompson said rezoning and a CUP are two separate things. Mikos noted if it is rezoned commercial, setbacks are not required from her property line, “I am trying to protect our investment.”
There were no comments from the Preston Township board. Lea said rezoning will just be a change to the zoning map. Gary Ruskell told Mikos he understood her concerns, but rezoning in this instance is a good thing. The rezoning request was approved unanimously.
A CUP is not needed for a construction business but may be needed for a small engine business. Cristal Adkins explained the property could be used for the construction business even if it wasn’t rezoned. The landowner is required to apply for a CUP if needed for a small engine business. The rezoning recommendation from the Planning Commission will need to be approved by the county board at their next meeting.
Expansion of Existing Quarry
Skyline Materials, represented by Chris Priebe of G-Cubed, Inc., applied for a conditional use permit to expand the boundary of the existing Frank Limestone Rock Quarry located in section 3 of Bristol Township. The boundary expansion will add approximately 4.6 acres to the existing eight-acre quarry. The quarry is in the Ag District.
Priebe said the CUP is still in good standing. The quarry is screened from every surrounding property except the property of Carlton Frank, who leases the land for the quarry to Bruening Rock Products Inc. Priebe explained they intend to crush rock a couple times per year and use it as needed for county, township, and private driveway maintenance and construction. It will be more active if there is a big road project.
Bakke said he preferred the expansion of existing quarries over starting a new one somewhere else. Conditions for the quarry are built into the county’s ordinance.
Fred O’Connor asked about the setback from his fence line; Priebe said the setback will be 250 feet. There was no comment from the Bristol Township board. The CUP to expand the quarry within a surveyed boundary was approved unanimously. The recommendation for the CUP will be considered by the county board at their July 2 meeting.
Board of Adjustment
Jeffrey and Kelly Braun applied for two variances to construct a storage shed on their property in section 28 of Norway Township. Braun said there is a small home with no garage or storage shed. They are requesting a variance from the required 150-foot setback from Maple Creek and the required 73-foot setback from Bear Paw Rd.
Trinity Johnson agreed there is not a better location for the shed on this property. The requested 38-foot variance from the creek required setback (or about 110 feet from creek) and the 35-foot variance from the centerline of the road required setback (or about 38 feet from the centerline) were both approved unanimously.
Citizen Input
Bonita Underbakke, speaking for Loni Kemp, insisted the state mandated Environmental Assessment Worksheet for the proposed Dabelstein Mine in section 12 of Pilot Mound Township is inadequate. She urged Fillmore County as the responsible government unit to declare it inadequate, so a deeper study into potential and significant environmental effects can be studied.
Underbakke distributed a letter to local officials written by Loni Kemp. Kemp emphasized in her letter that there should be a closer look into air pollution, road degradation, reclamation and more. “The EAW should trigger a full Environmental Impact Statement on frac sand mining in Fillmore County.”
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