Planning commission talks about decision-making process

Published 12:00 am Friday, June 7, 2002

No longer can the Mower County Planning Commission make decisions from the heart.

They must deal with facts only.

The not-in-my-backyard offense from concerned citizens is indefensible. Simply because something is unpopular does not mean it is inappropriate or otherwise satisfies the county's zoning laws.

Email newsletter signup

Mower County Attorney Patrick A. Oman educated county officials and citizens on the issue earlier this week. Oman reminded the county planning commission members state law forbids them from deciding land use issues based on emotions.

That won't stop citizens from expressing their opinions, and that's what they did at Tuesday night's meeting -- albeit in vain.

Based on the findings of facts, the county planning commission recommended approval of a final plat for Dan Hodgman and his Red Rock Estates residential subdivision in Section 32 of Red Rock Township east of the Austin Country Club.

In addition, the county planning commission recommended approval of three conditional use permits for Darrell Kroneman to operate an auto sales business at this home in Section 5, Windom Township; Dennis Kelly to plat residential lots in

Section 27, Austin township; and Larry Sheely to make and sell lawn ornaments at this home in Section 27, Red Rock Township.

Hodgman received the commission's approval last October for a preliminary plat to develop lots along Mower County No. 24 and the Red Rock Township Board had no objections to the final plat

However, the residential lots Hodgman hopes to develop are within the 1,000 foot setback from feedlots operated by George Finnegan (beef cattle) and Dr. Steve Bartelt (horses).

Both Finnegan and Bartelt pointed out, their feedlots could become prime targets for non-farming residents of Hodgman's Red Rock Estates, but they were, as Bartelt said, "entirely legal.'

Oman aid Hodgman's plan to develop residential lots within the 1,000 foot feedlot setback were not as "foolish" as they seem. "If you're Hodgman, you may as well plat it because, who knows, sometime in the future feedlots may fall out of favor .'

Tom Finnegan, another feedlot permit-holder near the Red Rock Estates development, said the prospect of allowing 60 non-farming lot owners to build in an established agriculture area "only invites trouble."

"The heat is going to come down on us. You're bringing a lot of problems down on us," Finnegan told the commission members.

Oman attempted to mollify the concerned citizens. "State law says these decisions must be based on facts and not emotions," the county attorney said. "I've seen lots of boards and commissions in the past who could not stand the heat."

Vance Larson, Sargeant, then made the motion to approve the final plat and Brian McAlister, Austin, seconded it. All five planning commission members present at Tuesday night's meeting voted "Aye."

The three CUP requests also attracted opposition.

Richard L. Watt and Dan Long objected to Kroneman's plans to park up to five vehicles to had repaired for sale on his property along Mower County No. 46 east of the Austin Country Club.

"He's trying to turn a residential area into a commercial business area," Long said.

When Daryl W. Franklin, county planner and zoning administrator, suggested adding a condition to the Kroneman CUP to prevent him from parking cars in his front yard, the commission ignored the suggestion.

When David Hillier, 3rd District Mower County Commissioner, also told commission members they could amend the motion to approve the request, that suggestion also was ignored and the request was approved.

The other two CUP requests also were approved in similar circumstances.

Residents along Mower County No. 29 said Kelly's hopes to develop residential lots near a quarry owned and operated by Ulland Bros. were ill-founded.

The request was approved.

The commission also heard a concern about Sheely selling concrete lawn ornaments at his residence south of Brownsdale along Highway 56. A neighbor of the Sheely's, Larry Holmgren pointed out the business was in operation long before the petitioners sought a CUP and he registered his concerns about proper disposal of chemicals, increased traffic to and from the residence and other issues.

It was to no avail.

Like the other requests, Sheely got the commission's recommendation by a unanimous vote.

The county planing commission's actions were to recommend approval to the Mower County Board of Commissioners.

The county board will consider the recommendations at a public hearing on the requests

scheduled to begin 1:10 p.m. Tuesday.