Morrison County planning panel recommends rezoning for property used for automotive repair

Morrison County Planning Commission members voted unanimously July 8 to recommend that the County Board of Commissioners rezone a 3-acre parcel in the Highwood Hills subdivision from rural residential to agriculture to allow the owner to seek an interim use permit for an automotive repair operation.

The rezoning request concerns Lot 1, Block 1 of Highwood Hills in Section 27, Township 40, Range 32 in Little Falls Township, applicant Jason Pauley told the commission. Pauley said he has performed automotive work at the site on and off since about 1991 and that he formed an LLC in February 2010.

County Land Services staff said the parcel currently carries a rural residential zoning designation but is being used in part for commercial automotive work, which is not permitted in that district. Amy, a Morrison County Land Services staff member, told the commission that "tax classification for tax purposes is done by the county assessor's office. It's completely separate and ignores the zoning district," explaining why the assessor had previously listed a commercial tax classification on part of the property.

Neighbors and the township raised concerns at the public hearing. A written comment from residents Jonathan LaFlamme and Alicia Reif asked the county to deny rezoning, citing four objections: alleged environmental and groundwater risks from stormwater runoff and about 30 abandoned vehicles; noise and light disturbances from vehicle events; a decline in neighborhood aesthetics and property values; and continued noncompliance with zoning rules. The letter requested that Land Services investigate use violations and consider installation of a sound-dampening fence.

Several nearby residents spoke in favor of Pauley. Bob Jeffries, who said he has lived in the area 30 years, told the commission he has seen conditions improve and does not oppose the application. Gordy Meyer, another longtime neighbor, said he has had no problems with Pauley. Charles Perrons, supervisor of Little Falls Township, said the township board views the property as having "a number of issues that need to be resolved" and urged that, whichever path is taken, the property be brought into compliance with the land use ordinance.

Commission members discussed whether rezoning to agriculture was consistent with the surrounding area and the county's comprehensive plan. Several members noted that rezoning would open additional uses allowed in the agricultural district and emphasized that rezoning itself cannot be conditioned; if the County Board approves a rezone, the applicant would then need to apply for an interim use permit (IUP) or conditional use permit, at which point the county could attach and enforce specific conditions. Amy told the commission that if the rezone and any subsequent permit are not granted and violations persist, Land Services could refer the matter to the county attorney for enforcement.

After discussion, the Planning Commission made and seconded a motion to recommend approval of the rezone to the County Board of Commissioners. The roll call vote was Marvin — yes; Brent — yes; George — yes; John — yes; and Chair Clint — yes, a 5-0 recommendation. The County Board will consider the rezoning request at its July 15 meeting.

If the County Board approves the rezone, Pauley would need to apply for an interim use permit to legalize automotive repair on the property; that permit process would permit Land Services to set operating conditions addressing hours, vehicle storage and similar concerns. If the board denies the rezone, the property's current nonconforming use would remain a zoning violation and could be subject to enforcement, including referral for criminal prosecution, if not brought into compliance. Staff advised neighbors that complaints such as noise or disturbing the peace remain matters for law enforcement if they occur outside the zoning/permitting process.

The planning commission meeting also approved minutes from its June 10 meeting and adjourned after taking the rezoning vote.