Board approves rezoning to allow lot split, subject to mining consent and township review

The Goodhue County Board on Jan. 7 approved a map amendment to rezone a 3.96-acre property on Territorial Road in the Lake City area from A3 to R1 to allow a lot split and a secondary dwelling.

Planning staff explained the application was submitted by Sarah Rohrer on behalf of the property owner, Jeffrey Rohrer, and that the proposal includes a certificate of survey showing the proposed new property lines. Planning staff said, "There's a total of just under 4 acres, 3.96 acres to be exact," and described the lot-split proposal and the planning commission record.

Staff also warned of two outstanding conditions the board should note if the project moves forward: a registered mining operation lies within 1,000 feet of the proposed building site, and county ordinance "restricts dwellings within a thousand feet of mining operations unless there is written consent from the mining owner or operator to place the structure there," and Florence Township had not yet acted on the proposal. Planning staff said the Florence Township Planning Commission intended to hold its public hearing at its January meeting but had not yet issued a decision.

Planning Commission members had held a public hearing in December and unanimously recommended approval of the rezoning. At the county board meeting, after a short public comment period with no speakers, a commissioner asked why township and mining approvals were not secured before the county action; a fellow commissioner replied that the county and townships follow separate processes and that county review is required regardless.

A motion to approve the map amendment from A3 to R1 was made and seconded; the board vote carried. The board approved the staff findings and adopted the recommendation to rezone, noting that written consent from the mine operator will be necessary before building if the mining owner objects to residential construction within the 1,000-foot buffer.

Clarifying details provided in the staff report included that the A3 zoning class in the county ordinance generally requires a 35-acre minimum and that lots of roughly 4 acres are "substantially nonconforming" as A3; the planner said, "The ordinance requires 35 acres for it to be a legal a 3 lot. So right now, it's not," and recommended R1 as a more appropriate district for smaller lots.

The rezoning approval enables the property owner to proceed with the planned lot split under R1 rules, but the county noted implementation depends on receiving any required written consents from the mining operator and the forthcoming township action.

Ending The board adopted the planning commission’s findings and approved the map amendment; the county’s land use staff will track required consents and the Florence Township decision as the property moves toward final subdivision or building approvals.