Sleepy Eye council to pay to relocate new dental clinic

Footings already laid, but need to be setback another 7 feet

By FRITZ BUSCH

Journal Staff Writer

SLEEPY EYE -- The Sleepy Eye City Council revisited a building ordinance variance issue at a special meeting on Monday.

The council previously granted a 25-foot setback variance to Greg Curtis for the construction of a new dental clinic on south Highway 4, near David Haala's home.

Sleepy Eye City Attorney "Nip" Hauser explained to the council that the original variance should have placed the new clinic building to line up with Haala's. However, the building's foundation does not meet that stipulation.

Basement footings of the new clinic were laid in the ground before it was learned that the building needed to set back another 7 1/2 feet to line up with Haala's house.

After an hour of discussion, the council passed a resolution on a 4-1 vote, allowing the city to cover up to $6,605 of the estimated digging, plumbing and related costs involved in moving the building 7 1/2 feet west of its original location.

Councilors Wayne Novotny, Les Reinarts, Earle Stevermer and Harold Windschitl voted in favor of the city covering the additional building costs. Councilman Robert Zinniel cast the dissenting vote.

"There is no way I'm for taxpayers paying for this," said Zinniel. ''If somebody else builds a house and it doesn't fit, are we going to pay to move it?" Zinniel asked the council.

Windschitl said the city was at fault for granting the building permit in the first place.

Sleepy Eye Mayor Jim Broich said Curtis was originally granted a permit allowing him to go back 25 feet, but the permit did not state that his building would line up with existing property.

Curtis said he went through the planning and zoning process with the council, showing them the same plot layout twice.

"From what I understood from "Nip," everything looked good," said Curtis. "They staked it out a few days before I applied for my permit. I went out and looked at it and could tell it was going to be in front of David (Haala's) house, but I didn't think it was going to be an unreasonable distance in front of his house."

Curtis said he assumed city officials didn't think there was a problem either, because he was granted the building permit.

Curtis said Haala did not contact him about the issue until the footings of the building were done.

Curtis said when he looked to the north on Highway 4, and homes near his property lined up "relatively well." But farther down the road, he said there is "more (setback) variation than you can believe."

"I'm wondering if we aren't making a big deal out of something that would have been just OK?" said Curtis. Hauser called me one night and said I had the legal right to build right where it is, but I am willing to waive my right to do that if the city wants to move the building back."

Curtis said it made no difference to him if the new building was setback 25 or 32 feet.