The Ours Resort in Lutsen, owned for decades by Ours Local 653, a meat cutters’ union, as a private retreat, has been zoned resort commercial/residential since 2007 when some changes to the property resulted in rezoning from residential. A year and a half later, neighbors still have concerns regarding the potential ramifications of the resort/commercial residential zoning status.
Neighbors in the area hired attorney Dick Swanson because they were concerned about potential development on the site. At the time of the rezoning, a committee was formed to address those concerns.
Swanson went before the county board December 22, 2009 to try to persuade the board to send the matter back to the Planning Commission for reconsideration, saying that the property could legally be zoned residential if it had a variance. In the 2008 Minnesota Supreme Court “Stadsvold” case, the court ruled that a grandfathered use that does not conform to zoning ordinances can be eligible for a variance instead of being rezoned. In addition, Swanson cited an earlier case that had already set a precedent allowing the same thing.
Swanson pointed out that the owners did not ask for the rezoning and said neighbors are afraid of how the property could be used as a commercial resort.
According to Planning & Zoning Director Tim Nelson, the current zoning designation fits better with its current use and with the county’s comprehensive plan, which designates Lutsen as the county’s resort area.
Commissioner Bob Fenwick did not support zoning the property back to residential with a variance. Granting a variance on the basis of the current use of the property is a “slippery slope,” he said.
The board can grant a variance but it never has to, Swanson said. It’s not a “slippery slope,” he said.
Fenwick said he believes it’s best not to perpetuate non-conforming uses.
Planning & Zoning Director Nelson, County Attorney Tim Scannell, Attorney Swanson, and Commissioner Fenwick all favored sending the issue back to the Planning Commission for reconsideration. Commissioner Fenwick said he would like the Planning Commission’s opinion on how the current zoning designation could affectneighboring properties.
Nelson said his department, the county’s land use attorneys at Minnesota Counties Insurance Trust, and County Attorney Tim Scannell all believe the property should remain zoned resort commercial/residential.
Theboard took no action on the matter but agreed to send the matter back to the Planning Commission.
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