Crookston council approves setback variance for business amid debate over permits and neighbor notice

The Crookston City Council voted to adopt findings of fact approving a setback variance for property at 3303rd Avenue Southwest, allowing the applicant’s construction to proceed despite council concern that work began before permit approval and that neighbors were not given adequate notice.

The variance applies only to setbacks — the distance between a permanent structure and property lines — and does not change the city’s zoning ordinance, Council member Tanner said, noting the Planning Commission recommended approval and that any ordinance amendment would be considered at a separate hearing next week.

"Just for clarity here, this is for the variance which relates to the setbacks ... This is not in relation to amending the zoning ordinance," Tanner said, adding that the approval would allow the applicant to build as planned and that the Planning Commission had recommended approval.

Several council members said they were uncomfortable that construction had proceeded before the permitting process was complete and that nearby businesses had not been given an earlier opportunity to weigh in. One council member, identified in the transcript as Delane, urged caution about setting precedent and said the city should consider whether compensation is owed to the neighboring landscaping business if its operations or signage are affected.

"I am very disturbed ... we didn't really allow due process to the neighbors in the area," Delane said, describing a scenario in which footings and walls were already in place before the council considered the variance and expressing concern that enforcing the stop-work order now could bankrupt the new business.

Council members also noted that a stop-work order had been issued weeks earlier but that work appeared to have continued in parts. They debated enforcement and whether fines or other penalties were appropriate when work begins without a permit.

Greg, identified in the transcript as a building official, told the council penalties are available and described how permit fees and penalties are calculated. "I can ... put down basically up to double the amount of the permit fee for lack of getting the permit prior to," Greg said, and added that permit fees are generally tied to project value; he cited a recent 2.5 million project that carried roughly a $10,500 permit fee as a point of reference.

Despite procedural concerns, a motion to adopt the findings and approve the variance was made and seconded. The chair called a roll call; the council announced the motion carried and adjourned. The transcript does not record a detailed vote tally in named yes/no terms in the item’s record provided.

Next steps noted in the meeting: because the variance concerns setbacks only, any formal zoning ordinance amendment would be considered at a later public hearing scheduled, according to Tanner, approximately one week from the meeting.