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At the October 1 meeting, the Rushford Village Council discussed an inquiry brought forth by Zoning Administrator Jon Pettit. According to him, it was brought to the attention of the zoning board that a building was moved onto residential property without a permit, in violation of the ordinances. Pettit contacted the landowner, whom he stated was new to the area.
“How do you wish to handle it?” asked Pettit. “I’m the administrator, not the cop or enforcement.”
While the building does meet zoning codes, all accessory structures within the village need a permit, regardless of size or cost of the permit (some have no cost).
“I certainly would have written a permit if it had been applied,” added Pettit.
He further clarified that the building, which is assumed to be a utility shed, is roughly 16 by 10 feet. He did not have access to the property to determine if it has a concrete floor or any other defining features. The property, which is not rural/agricultural, has other sheds on it. He notified the council that he did fine the property owner for another building placed without permit at the time he was made aware of the most recent one. The property owner has now filed a permit for the most recent building, paid the fine for the previous building, and is applying for additional permitting including a large 40-foot lean on one shed.
The property owner did ask Pettit about the zoning permitting if he puts a wheel base under the most recent shed. Since it’s larger than road-approved size, Pettit indicated he hadn’t been sure how to answer that.
“There are some properties in the village that have 40-foot boxes from semis,” said Pettit. “I don’t know if I’ve ever been asked for them.”
City Attorney Joe O’Koren noted this might be an area in the zoning with a gap.
“I’m not in favor of fining people,” said Councilor Bob Hart.
“Where do you build where you don’t need a permit though?” asked Mayor Dennis Overland. “Where can you do anything without getting a permit or at least not asking someone, especially if you’re new to the area? How do you go about the next person? How do you do one and not the other?”
Further council discussion revealed it likely to be an unintentional error by the landowner.
“No harm no foul, right, if he corrected it?” asked O’Koren. “If you impose a fine and if he doesn’t pay you levy that on the taxes. But, is that the message the village wants to send? Some you have to take on a case by case basis. It’s a different story with a habitual offender and they haven’t followed the ordinance. There’s a lot of discretion.”
The council unanimously approved waiving the fine on the second infraction provided the property owner follows through with all permitting and provides details of or access for the most recent building.
“I just don’t want to open the door for an issue down the road,” concluded Councilor Mike Ebner.
In other news, Overland updated the council on the status of the Safe Routes to School grant through the Minnesota Department of Transportation (MnDOT). The most recent virtual meeting included Overland, Ebner, City Clerk Mary Miner, Treasurer Judy Graham, MnDOT representatives, R-P Superintendent Ben Bernard, and City Engineer Derek Olinger of Bolton & Menk.
Three options are being considered at the south Rushford intersections of Highway 43 and 16 (including Highway 16 and Meadow Avenue). The most suitable plan, option two, is to put a pedestrian area on the west side of Highway 43. This avoids the need for curb and gutter, as well as the lack of room and modifying a bridge on the east side. The area would see a ten-foot wide pedestrian area with activated flashing lights, plus paint and rumble strips to alert the roughly 3,000 vehicles that pass by daily.
“If we do anything on the bridges, it costs a whole lot of money,” explained Overland. He also noted putting any kind of barrier on the west would require the village to maintain it, rather than MnDOT.
Option one is an estimated $725,000, while option two is estimated at $625,000. The village is not committed to doing the project at this time. More information and final drafts will be coming by the end of this month. It’s likely the village council will continue a future meeting so all council members can attend virtually.
Lastly, the council will not meet as planned for the first meeting in November, as that is the date of the general election.
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