The Fillmore County Planning Commission and Board of Adjustment worked through a busy agenda at their November 19 meetings.
Four Condition Use Permit (CUP) applications were brought forward for public comment.
Caleb Benson, section 27 Newburg Township, requested that five acres of property, located on the north side of Mabel, be rezoned from Agricultural to B1 (General Commercial). Benson owns Stateline Auto Sales and needs more space to expand his business. He purchased this additional property to give him the needed space. There were no comments from the township supervisors or the public. After some discussion from the commission about rezoning a portion of the property or all of it, a motion was approved to recommend the rezoning of the entire parcel. The county board will consider the CUP at their December 1 meeting.
Timberwolf Wind, LLC (Next Era Energy Resources, LLC) submitted a CUP application for another meteorological tower which will be exactly like the other towers approved earlier in the year. This tower is to be located on property owned by Lloyd Johnson Living Trust, section 19 York Township. The 196-foot tower will be erected to assess the wind resource for a potential wind farm. There were no comments from township supervisors or the public. The commission recommended approval of the CUP to the county board.
Reuben and Barbara Hershberger, section 16 Canton Township, submitted a CUP application for a sawmill on their property. They are asking to move an existing sawmill about 1,600 feet north, across the road. There were no comments from township supervisors or the public. The commission recommended approval of the CUP to the county board.
Cemetery CUP to be brought back
A CUP application submitted by Dominic Crawford and Caleb Short, section 32 Fountain Township or about four miles west of Preston led to more discussion. The property is in the Agricultural District. Crawford explained they want to use five acres for a private cemetery. He noted state regulations require a minimum of two acres, a location 10 foot from the property line, a drive-in area, and a parking area.
There were no comments from township supervisors.
Homeowner Jennifer Mulhern objected to the cemetery and claimed that the applicants held church in their garage. She maintained she did not move to the country to live next to a cemetery or a church. Sharon Woellert expressed her concern, explaining she owns land with her two brothers, that borders the property. She said they were not notified. Zoning Administrator Cristal Adkins said a notification was sent out and returned as undeliverable. She said anyone living within 320 feet of the parcel should have been notified.
Woellert questioned what a cemetery could do to their land value if they were to consider selling. She asked if anyone with a private residence can apply for a private cemetery. Adkins explained there is very little regulation at the state level.
Duane Bakke noted there appear to be two additional buildings on the property and asked if they were permitted. Crawford said the one building is on skids and he wasn’t aware of a need for that building to be permitted and the other was a purchased storage unit. Adkins said we can get existing buildings permitted if need be. Bakke commented that Amish worship in their residences and a couple of cemeteries have been permitted for them similar to this.
County Attorney Brett Corson had submitted a letter including six conditions that could be attached to the CUP. Some of the conditions included the survey and recording of the boundaries, a platting indicating burial sites, access from a township road, a long-term maintenance or financing plan for maintaining the cemetery in the future, and the compliance with state, federal, and local regulations.
A motion was approved to extend the 60-day rule and bring the CUP application back at a later hearing. This will allow for all buildings on the property to be properly permitted if need be and time to put a plan into place for the location of the cemetery.
Board of Adjustment
Christine Randolph requested a variance from Section 604.06(5)(b) of the Fillmore County Zoning Ordinance to construct a dwelling in section 21 Fountain Township. The property is in the Ag District and about two miles southwest of Fountain. It is located at the dead end of a township road. The variance is to allow access to a building site for a dwelling where there is neither a 150-foot of road frontage or a recorded private easement of 66 feet for access to the building site. There were no comments from the public. Adkins said the request is to access the property from the north and to use the existing road which is a 33-foot legal township road. A 33-foot variance was granted.
Marlys Vandemark, section 31 Preble Township, requested an 8-foot variance from Section 604.05(3) and an 8-foot variance from Section 604.05(4) of the Fillmore County Zoning Ordinance. The property is about six miles northwest of Mabel and has been surveyed. She explained the 8-foot variance will allow the installation of a solar array on five acres. The variances will allow the solar array to be installed 2-foot from the property side and rear boundaries instead of the required 10 feet. There was no comment from township supervisors or the public. The 8-foot variances were approved.
December meeting
The Planning Commission will meet on December 17 and consider a a CUP application from Savion, LLC for a large solar project. Adkins said Savion has gone through the environmental review process and the public comment period.
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