Commission denies conditional use request

Published 10:05 am Thursday, October 30, 2008

David Lewison’s request for a conditional use permit: No problem.

Ronald and Donald Zimmerman’s request for a CUP: Problems.

That sums up the results of the Mower County Planning Commission meeting Tuesday evening.

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One request was granted. One wasn’t.

Lewison sought a CUP to repair small motorized vehicles in an accessory structure at his place in Section 34, Marshall Township.

The CUP would be classified as an “extended home occupation,” according to the request.

The staff report by Angie Knish, county environmental services director, recommended approval with six conditions attached.

The commission’s inspection committee of Margaret Kirchner, Dexter, and James Risius, Brownsdale, visited the site and had no objections.

No opposition was heard from the audience members at Tuesday night’s meeting at the government center.

It was unanimously approved.

The Zimmermans’ request sought a CUP to allow single-family dwellings in a wooded area by subdivision and platting in Section 2, Racine Township.

Like the Lewison request, the staff report was favorable: Knish recommended approval with 14 conditions attached.

When commission chair, Richard P. Cummings, 1st District Mower County Commissioner, asked for comment from the audience, the Zimmermans’ request immediately attracted opposition.

Naomi Johnson questioned the benefits of a four-lot residential sub-division in a rural area. The petitioners replied it would come in the form of taxes and that one lot with a house would be valued greater for real estate property taxes than the non-productive woodland is currently valued.

Johnson said her research yielded information that small residential sub-division in rural areas require more public services from the township and county as well as emergency services agencies.

And, she said, “The city of Racine is only a mile and a half away from there, and it has many empty residential lots waiting to be developed.”

She also pointed out how the residential sub-division in the township being developed by Matt and Vi Klassen, rural Adams, is “empty” with none of the lots developed.

Johnson’s final complaint was the impact of drilling wells in the karst-sensitive area.

The commission chairman, Cummings, cautioned that such requests as the Zimmermans’ could not be rejected simply because of the “not in my backyard” emotional opposition.

Knish said the petitioners were taking a “first step,” that involved a process including an environmental assessment worksheet before the actual platting of the four lots could be done.

The opposition continued.

Marlo Postier, who lives nearby, cautioned there could be archaeological issues in the area that should not go ignored. “We’ve been trying to protect them for years,” Postier said.

The petitioners attempted to counter the audience members’ questions and commission members’ concerns with their own rebuttal.

Finally, after 90 minutes of debate — much of it over density issues in rural management-zoned areas — commissioner Peck made a motion to recommend approval with 15 conditions: The last being the assumption of risk non-farming residents living in a rural area for country living (i.e. dust, traffic, odor, etc.).

Barb Hovde, LeRoy, seconded the motion.

When the vote was taken, it failed 2-3.

Peck and Hovde voted to recommend approval of the CUP request. Commissioners Risius, Kirchner and Jane Thome, Adams, all voted against it.

Risius and Thome said the lack of adequate information supplied by the petitioners didn’t allow them to vote for the CUP request. Kirchner said her concerns about another residential sub-division being allowed in a rural area caused her to vote “nay.”

The Mower County Board of Commissioners will consider the commission’s recommendation on the Lewison CUP request at a public hearing at 1:15 p.m. Tuesday.

Also that day, they will consider the denial of the Zimmermans’ request for possible further action.