The county board dealt with numerous private property issues Tuesday, May 26, 2009, approving one amendment to a conditional use permit (CUP) and turning another one down.
Devil Track General Store (formerly Lakewind) has been operating under a CUP since it was built in 1997. During the building’s construction, public concerns were raised over the clearing of vegetation in front of the store and the CUP stipulated that the owners comply with landscape preservation standards outlined in the county zoning ordinance. This year, the required vegetative buffer between the store’s parking lot and County Road 8 will be removed to meet setback requirements for a new alignment of the road by the county Highway Department.
Even though the county, which issued the conditional use permit, is the initiator of the changes that will alter the vegetative buffer, the permit holders are still required to apply for an amendment to the permit. Planning & Zoning Administrator Bill Lane commended present owners Brian and Michelle Kizzek for their willingness to apply for the amendment that will allow the removal of their landscaping. Kizzeks will also lose the lighted sign beside the road and see changes in the entrances to their property.
At a May 13 Planning Commission meeting, Fran Johnson of the Cook County Highway Department explained that the primary purpose of the 3.8- mile reconstruction of County Road 8, expected to begin this fall, is to improve the road surface and improve safety by enhancing sight lines.
The county board approved the changes to the Kizzeks’ CUP that will be made when the road is widened and realigned.
The owners of WindCradle Retreat Center on Highway 61 east of Grand Marais did not receive the CUP amendment they were hoping for. Owners Mary Ellen Ashcroft and Suzanne Sherman had obtained a CUP two years ago to operate a retreat center, considered to be a home business consistent with future desired conditions outlined for the East End in the county’s Land Use Plan. A condition of the CUP was that no overnight lodging would be provided.
During an annual review of the CUP, the county’s planning and zoning office conducted an Internet search in which WindCradle was found to be advertising overnight lodging. County septic inspector Leroy Halberg expressed concern to the Planning Commission that the property’s septic system might be overloaded at times when overnight guests are there.
Ashcroft and Sherman applied for permission to allow overnight guests in their business when given the option of ceasing to offer overnight accommodations or applying for a CUP amendment.
The Planning Commission’s report to the county board states that owner Suzanne Sherman indicated that the failure to adhere to the established condition was unintentional and a regrettable mistake.
The Planning Commission voted to deny WindCradle an amendment to its CUP, with Allan Olsen, Lloyd Speck, Shari Baker, Sam Parker, and John Barton voting aye and Richard Olson voting nay (absent: Dave Tuttle), as did the county board by unanimous vote.
Wrong parties pay taxes
Another property issue brought to the county board was that two businesses applied for tax abatements on property enhancements they no longer own. For several years, Como Oil has been taxed for a bulk tank and storage shed now owned by Interstate Energy, and KBJR/ KDLH TV has been taxed for a tower at Mt. Maud now owned by Grand Portage and a shed on Old Ski Hill Road now owned by WDSE. The two businesses had formerly leased the land on which the structures sat, but when they sold the structures, no process was in place for notifying the county of the change in ownership.
According to Assessor Mary Black, state law prohibits the county from backtaxing the current owners. Thebusinesses that no longer owned the structures paid the bills anyway. At least one claimed they had notified the county that they no longer owned the structures, but the county has no record of that notification.
Thecounty board was reluctant to pay back the tax money when the county had no knowledge it was taxing the wrong parties, especially if the county has no recourse for back-taxing the correct parties.
The board will discuss the issue again after County Attorney Tim Scannell and Assessor Mary Black confer and gather more information.
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