Brad Thompson, owner of Thompson Performance in Grand Marais, will appear before the Cook County Planning Commission on Wednesday, August 12, 2009, requesting a zoning change for his 1.4 acre property in Grand Marais—in hopes of avoiding criminal prosecution for continuing the small engine repair business he has operated at the site for 21 years.
Thompson has been charged with a number of land use violations—a petty misdemeanor charge for parking, storing, repairing, or disassembling a vehicle in a residential road within sight of a road; and four misdemeanor charges for operating a business on the same property as the owner’s home that is incompatible with surrounding neighborhood, conducting a non-residential use within a dwelling or accessory building, storing three or more motor vehicles in non-operable condition, and failing to use fence and screening in the form of permanent plantings. At a July 8, 2009 appearance before Judge Kenneth Sandvik, Thompson was told that the potential punishment ranged from a $300 fine to a maximum of confinement in state prison. At the July 8 hearing, Thompson requested that the charges be postponed while he tries to reach an agreement with Cook County Office of Planning & Zoning (OPZ).
Thompson’s home and business are located at 1316 E. Highway 61 in Grand Marais, an area currently zoned as single family residential (R-1). The property was zoned as R-1 by Cook County in 1984. A home business is allowed in the R-1 zone; however OPZ has periodically identified conflicts with the Cook County Zoning Ordinance regarding home occupation, junk or salvage, and screening.
According to both Brad Thompson and OPZ, the historical land use has been primarily commercial. Previous businesses owning and/or operating on the site include Jackson Auto Service, Midway Service, Lind Chevrolet, and C.S. Service. Thompson has found record of Jackson’s Auto Repair and Salvage Yard in 1949. “There is still an old, old, car in the back yard—it’s only about a foot high. It came from Jackson’s Auto,” said Thompson.
For a few years in the 1980s, there was no automotive related business at the location. According to Thompson, a second hand store called “TheBargain Shop” operated on the site. However, he opened his small engine repair shop when the Thompson family purchased the property in 1988, first doing business as Thompson Tooling & Tire and later, Thompson Performance.
Despite the precedent for commercial use of the property, the 1984 Cook County Zoning Ordinance established parcels south of Highway 61 and adjacent to Old Shore Road as R-1. In 1988, adjacent properties north of Highway 61 were modified to General Commercial classification—but not the land where Thompson was conducting business.
According to OPZ, this was “the starting point for a series of dialogues between Mr. Thompson and the Officeof Planning & Zoning.” OPZ periodically asked that Thompson “rectify land-use and zoning conflicts” and Thompson insisted that his property should not have been included in the change to R-1.
Thompson applied for rezoning of his property to General Commercial in 1996, and OPZ appeared to be supportive of his request at that time, noting “commercial activity on this property has been continuous since 1949.” However, Planning Commission records show that the request was denied with a 4-2 vote. The county board of commissioners followed suit, denying the zoning change with a vote of 4-1.
According to OPZ, it “continued
” dialogue” with Thompson, requesting that he clear “extra vehicles, machinery, and junk” from the property in October 1996, in 1997, in 2005, and in 2008. In 2008, OPZ recommended that Thompson either initiate the process of rezoning to General Commercial; apply for a conditional use permit allowing home business activities to continue, mindful of land use limitations; or remove all non-conforming components from the parcel to comply with R-1 zoning designation.
With no action forthcoming from Thompson by 2009, OPZ referred the matter to County Attorney Tim Scannell for enforcement. Thompson entered a conditional not guilty plea on July 8 and Scannell recommended giving him time to work things out with OPZ. He will be required to return to court on September 9, 2009 to update the judge on progress toward resolution of the zoning issues.
OPZ documentation prepared for the August 12 hearing states that a rezoning “should represent the public’s best interest, should not have adverse effects on adjacent properties, and should reflect favorably on the decision making process.”
Thompson said he believes that his business does benefit the community. He operates Jonsered chainsaw and Parts Unlimited dealerships and offers other small engine parts and accessories. He said he has mentored several local high school students, one who is now attending college to be an auto mechanic. He said the vehicles on site are primarily hobby projects, but that occasionally a motorist in distress comes to him for repair work or parts when other auto repair establishments are closed.
With a laugh, Thompson added that like the old Bargain Shop store, his business offers “antiques” for visitors whose spouses want to spend time in local gift shops. “I get kids and dads stopping by to see our prime collection of antique autos.” ” Thompson said he hopes the county will approve his rezoning request and the criminal charges will be dropped. “The penalties sure don’t fit the crime,” he said.
OPZ documentation further advises that even if a rezoning to General Commercial were approved, Thompson would not be allowed to keep salvage and junk vehicles on the property. Another option for continued small engine repair business at the site—a home business conditional use permit—would also require removal of junk vehicles. Screening would also be required. OPZ cautioned that if zoning requirements were not followed, there would be “immediate resumption of legal measures against the applicant.”
Thompson said he understands that vehicles will have to be moved. “I’m in the process of moving vehicles,” he said. “I realize they can’t be in view of Highway 61.”
OPZ made no recommendation on how the planning commission should handle the matter, which will be decided by Planning Commission members on September 12 and then forwarded to the county board of commissioners for final approval or denial.
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