Public responds to zoning changes

Hearing held of

proposed changes

to Brown County

zoning ordinance

BY SARA SYVERSON

Journal Staff Writer

SLEEPY EYE -- People from throughout Brown County voiced their concerns at an informational meeting on proposed changes to the county's zoning ordinance.

The meeting was held Tuesday morning at the Brown County office building in Sleepy Eye.

Topics included discussion of setbacks for new non-farm dwellings from established feedlots, setbacks for new and/or expansion of feedlots from dwellings, and density of non-farm dwellings in the A-1 Agricultural/Shoreland Protection District.

Issues relating to seasonal dwellings and also discussion of a "Right to Farm" notice were also addressed.

"Today we're hearing from you," said Brown County Planning and Zoning Director Jane Starz, "None of these things are set in concrete-- that's why we want public input on them."

There is an issue of fairness to both parties involved in considering setbacks for new non-farm dwellings from established feedlots, Starz said.

A stipulation that new non-farm dwelling shall not be located within one-quarter mile of an existing feedlot, unless the new dwelling is built to replace an existing residence is one of the proposals. Another consideration is that a new single family non-farm dwelling a quarter of a mile or less from an existing feedlot greater than 50 animal units would require a conditional use permit.

A "dwelling unit" as defined in the county is a residential building or portion, thereof, frame houses, manufactured homes intended for occupancy by a single family but not including hotels, motels, boarding or rooming houses or tourist homes.

"We are seeing more and more non-farm dwellings coming out to the country," said Planning Commissioner Chair Leo Wilfahrt, "And the more that come out there -- there may come a time when there will be more non-farm dwellings that will out-vote the farm dwellings."

However, "we don't want to eliminate non-farm dwellings," Wilfahrt said.

Charlie Domeier expressed concerns about "who" is considered a farmer. He noted that there are many farmers who work in town, and those individuals should still be considered "farmers."

Planning commission members asked people what they thought about requiring a conditional use permit for any new feedlot in excess of 50 animal units (confinement and/or open lot) proposed within a quarter mile of an existing dwelling unit.

"What are we concerned about here?" said Agnes Zwaschka of Mulligan Township, "Are we concerned about the health of the people or about lifestyles? If you don't have your health, you can't enjoy ... watching the birds or other things. I'm not so much worried about the manure. I'm concerned about the ammonia. You have to be concerned about the smell that comes from these things (large animal lots) and the health concerns."

An environmental consultant from Rochester, Jeff Broberg, stressed the importance of enforcing the rules of the zoning ordinance.

"If you don't follow through on enforcing, it's very serious and could damage the whole industry," said Broberg.

The planning commission also heard comments on density of non-farm dwellings in the A-1 Agricultural/Shoreland Protection District. Those in attendance discussed ideas relating to single-family non-farm dwellings in the zoning ordinance: The proposal state that there shall be a maximum number of one newly constructed non-farm dwelling per 40 acres in the A-1 Agricultural Protection District.

Some counties have set up what is called "urban residential" areas that allow more houses per 40 acres, Starz said.

Jim Mickelson said, "I think 40 acres is way too many acres, but at the same time a guy don't have to sell it him anyhow."

Seasonal dwellings were also discussed. The definition of a seasonal dwelling is it has limited use, low-investment overnight shelter and lodging, such as but not limited to, a hunting shack or a summer cabin.

Suggestions for density standards included one seasonal dwelling per lot of record if the general standards in this section can be met. The second addition to the ordinance under consideration is allowing one seasonal dwelling per new lot if the new lot is 10 acres or more and the general standards in this section are met.

A"Right to Farm Notice " is also under consideration. The notice would inform people buying, building or remodeling a home in unincorporated areas of Brown County about noise from farm equipment, dust from farm fields or roads, odors from livestock. The notice also informs people that there would be no guarantees that there would not be new livestock facilities built in the area the people would be moving into. One person questioned the legal enforcement of such a notice.

During December, the planning commission will review the input gathered from Tuesday's meeting. The county zoning staff will be directed to draft any language changes to the zoning ordinance.

The Planning Commission will then review the draft language changes in January, and then the planning commission will adopt changes. These changes will be brought to the county board or review. Any final changes would then be approved a public hearing.