Village Talks Zoning Issues

At the May 5 meeting, the Rushford Village Council’s longest discussion was with Zoning Administrator Jon Pettit regarding projects in the works, inquiries about properties, and one permit application that stumped the administrator.

First, in regards to plans from Farmers Win Cooperative, Pettit indicated he’d spoken to City Engineer Derek Olinger regarding septic engineering being done. The company has provided the plans to the Olinger, but he is still reviewing them. He will provide a copy to Pettit when done and the permitting will be issued at that time. Pettit stated that a letter from the engineer is enough to guarantee things are being done correctly.

There have been inquires regarding the Gudmundson property, which has a sand pit on it. Zoning requires 1,000 feet from any dwelling to a pit or the pit must be closed. According to Pettit, the pit has been open since around 2000. He hadn’t heard back from the property owner at the time of the meeting. He further indicated that City Clerk Mary Miner has reviewed the property a few times and thought they should have a reclamation program, but couldn’t find one. Reclamation would require fencing and some other additional measures.

“Even if they got rid of the permit, they’d have to deal with the water situation,” added Pettit. “It should be something we’re watching as we go.”

Lastly, Pettit received a permit application for a new home and septic at 41705 State Highway 30 and he expressed concern over how to handle it. The permit indicated the property owners have building plans for a 3,600 square foot house ready to go with a local builder. The property has an existing home and outbuildings and sits nestled between two bluffs.

“If that’s the location, we’re going to have a tremendous problem permitting it with the bluff protection. I think we’ve looked at it a few times and there’s absolutely no place to build in there,” he said. “I just got this and I don’t know what to do with this.”

Pettit indicated several people looked at it previously.

“I don’t remember being asked by these people, but the realtor was told many times,” added Pettit. “I just can’t see any place there to build and it looks like they’ve gone a long way.”

City Attorney Joe O’Koren stated the best way to handle the situation is to simply deny the permit like any other project that doesn’t meet zoning, unless there’s a variance that can be granted. However, with bluff land protection in place, that’s going to be a difficult option.

City Treasurer Judy Graham asked if the property owner could use the tear down and use the footprint of the existing home to construct a new home. At the time, the answer is unknown. The house is non-conforming and can thereby only be renovated or expanded on for a maximum of 50% of the structure’s current value.

Pettit will get onto the county’s Beacon program online and determine if there’s any areas suitable for a home and will then contact the property owner about the concerns.

Public Works Supervisor Darrin Dessner provided the council with an update into water issues in south Rushford. Minnesota Rural Water worked with Dessner on a non-draining hydrant. They suggested after fall flushing, the village pump it out. They also looked into the pump failure codes at the pump house and no conclusion was reached. It’s been looked into by several entities many times and according to Dessner, no one understands why it’s happening. McCarthy Well also worked with Dessner on the issue and they think the issue is within the meter on the pipe. They’re suggesting the village pull the meter and have it serviced, then put a sleeve in until NES can hook up the chemical pumps directly to system.

In other news, the council reviewed the rock bids, which were opened at the last meeting, deciding to unanimously approve awarding the entire bid to Bruening Rock Products this year. The last two years, the rock bids were split between Bruening and Milestone Materials. While the bids were similar, the decision was made partly due to input from Dessner, who stated Bruening offered to come down the village and work through it with him, being that he’s new to the position.

The council also unanimously approved a sewer upgrade fee increase. The current fee is $7 and the increase is $2. Additional fee schedule modifications and approval was tabled until the next meeting for further review.